Community Law Firm

Drugs

Trafficking

Trafficking Defense Attorney Serving Orlando, Florida

The legislature in the State of Florida has determined that possession of a certain quantity of a controlled substance is categorized as trafficking.  The problem with trafficking offenses is that they automatically carry a minimum mandatory jail sentence.  Trafficking cases typically arise from Cocaine, Heroin, Oxycotin/Oxycodone, Cannabis, Prescriptions, and Ecstasy/MDMA.

Trafficking in Cannabis is defined under Florida Statute 893.135(1)(a):

  • The amount that a person may not knowingly possess, sell, manufacture, transport or deliver is twenty-five (25) pounds or more or three hundred (300) plants.
  • The minimum jail sentence that this crime carries is 3 years for 25-1999 pounds or 300-1999 plants.  This amount also carries a $25,000 fine.
  • The minimum jail increases to 7 years for 2000-9999 pounds or 2000-9999 plants.  This amount also carries a $50,000 fine.
  • For an amount of cannabis greater than 10,000 pounds or 10,000 plants the minimum jail is a 15 year sentence.  This amount also carries a $200,000 fine.
  • Remember these are only the minimum jail sentences required under the Florida Law the Judge can impose a maximum sentence of 30 years in jail for any trafficking in cannabis offense.

Trafficking in Cocaine is defined under Florida Statute 893.135(1)(b):

  • The amount that a person may not knowingly possess, sell, manufacture, transport or deliver is twenty-eight (28) grams.
  • The minimum jail sentence that this crime carries is 3 years for 28-199 grams.  This amount also carries a $50,000 fine.
  • The minimum jail increases to 7 years for 200-399 grams.  This amount also carries a $100,000 fine.
  • For an amount of cocaine greater than 400 grams the minimum jail is a 15 year sentence.  This amount also carries a $250,000 fine.
  • Remember these are only the minimum jail sentences required under the Florida Law the Judge can impose a maximum sentence of 30 years in jail for any trafficking in cocaine offense.

In the past 10 years pharmaceutical crimes and drugs have become very common in Florida. Hydrocodone is a very addictive substance since it’s often prescribed for pain following common surgery and injury. Anyone can have access in the home and become addicted to the substance.  The main problem is pharmacies and doctors will prescribe more than necessary in the abundance of caution which the patient may not have discipline and self-control to avoid addiction. Over time the powerful nature of the drug leads to stronger and higher tolerance which causes the user to seek out larger quantities.

Trafficking in Oxycodone (Oxycotin) is defined under Florida Statute 893.135(1)(c):

  • The amount that a person may not knowingly possess, sell, manufacture, transport or deliver is four (4) grams of any mixture containing Oxycodone.
  • The minimum jail sentence that this crime carries is 3 years for 4-13 grams.  This amount also carries a $50,000 fine.
  • The minimum jail increases to 15 years for 14-27 grams.  This amount also carries a $100,000 fine.
  • For an amount of cocaine greater than 28 grams the minimum jail is a 25 year sentence.  This amount also carries a $500,000 fine.
  • Remember these are only the minimum jail sentences required under the Florida Law the Judge can impose a maximum sentence of 30 years in jail for any trafficking in oxycodone offense.

Defenses are available including constructive possession, lack of knowledge of presence and illegal search.

Potential Trafficking Defenses

As an experienced Orlando criminal defense attorney Joe Knape has an array of potential strategies at his disposal in order to craft an effective defense tailored to the unique facts of your arrest and charges. These potential defenses include:

  • Illegal Stop or Search – Police must have a constitutional basis for stopping you in your vehicle or on the street and conducting a search of your person or property. If it is found that this stop and search was unconstitutional, then anything found during that search becomes inadmissible.
  • Invalid Search Warrants – It is not uncommon for marijuana possession cases, especially for cultivation, to include a search warrant. There is the potential for mistakes to be made in these warrants, resulting in the search being ruled unconstitutional. Marijuana possession attorney Joe Knape is experienced at analyzing warrants and identifying defects.
  • Types of Drug Possession – There are varying degrees of possession depending on whether law enforcement finds marijuana in your vehicle, on your person or in property for which the law presumes you have control. There are situations where this can be hard to prove. For example, if you are driving in a friend’s vehicle that suffers an accident, and the police subsequently search that vehicle and find marijuana in a bag under your seat, they will have difficulty proving it was yours. It may belong to the driver, or a previous passenger.
  • Unwitting Drug Possession – There are situations where someone may slip drugs into your backpack, purse or other property, for example during a traffic stop, in order to avoid being charged with possession of controlled substance themselves. Although you may have possessed the controlled substance, you did so unwittingly.

If you hire Orlando drug crime attorney Joseph Knape you may not need to attend your court date as he will appear on your behalf. Hopefully your case can be resolved with a dismissal or with an alternative prosecution agreement that could keep you from having to attend any court at all.

 

Remember the initial consultation is free, so give an experienced & passionate drug crime lawyer a call to schedule your appointment now. (850)-225-5563

Find Out More