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Drug Trafficking in Florida: Mandatory Minimums and Hiring a Criminal Defense Lawyer

March 21, 2024 Uncategorized

Drug Trafficking in Florida: Mandatory Minimums and Hiring a Criminal Defense Lawyer

Drug trafficking is a big problem in Florida. Lots of people get arrested every year for bringing large amounts of illegal drugs into the state or selling them here. The penalties are really harsh, with mandatory minimum prison sentences and huge fines. So if you get charged with drug trafficking in Florida, you need to find a good criminal defense lawyer right away. This article will explain the drug trafficking laws, the typical penalties, and why hiring an experienced attorney is so important.

What is Drug Trafficking in Florida?

Under Florida law, “drug trafficking” means selling, making, delivering, or bringing into the state a certain amount of an illegal drug (Florida Statute 893.135). The minimum amounts that count as trafficking are pretty low for drugs like cocaine and heroin. For example, having just 28 grams of cocaine (about an ounce) qualifies as trafficking.Marijuana trafficking charges work differently. For weed, the amounts are based on weight or number of plants. Just 25 pounds of marijuana or 300 plants is enough for a trafficking charge.So you don’t have to be a big time drug dealer to face drug trafficking charges in FL. The laws cast a wide net and even small amounts can trigger mandatory minimum sentences.

Penalties for Drug Trafficking Convictions

The penalties for drug trafficking in Florida depend on 3 factors:

  • Type of drug
  • Amount of drug
  • Criminal history

In general, the more serious the drug and the larger the quantity, the harsher the penalty. Trafficking Schedule I and II drugs like heroin, cocaine, methamphetamine and oxycodone has tougher penalties than Schedule III, IV or V drugs.The lowest level trafficking charges have mandatory minimums of 3 years in prison and a $50,000 fine. But for large amounts of drugs like heroin or cocaine, the mandatory minimums can reach up to life in prison and $500,000 fines.Having a prior record of drug crimes can also increase the penalties. For example, a second cocaine trafficking conviction can jump the minimum sentence from 15 years to 30 years.

Why You Need an Experienced Drug Trafficking Lawyer

The penalties for drug trafficking convictions are severe. Even first-time offenders with no criminal history face years behind bars and huge fines. So if you’re charged with trafficking, getting a skilled defense attorney should be your #1 priority.An experienced lawyer understands Florida’s complex trafficking laws and sentencing guidelines. They can review the evidence and figure out the best defense strategy for your specific case. This could involve negotiating with the prosecutor or taking your case to trial.A good drug trafficking attorney will also know how to argue for lower sentences and penalties. There are some cases where they can get mandatory minimums waived or reduced. This depends on the circumstances and your criminal history.In short – don’t take chances with your freedom and future. The costs of hiring a private defense lawyer are well worth it compared to years in prison. Public defenders are often overworked and may not be able to give your case the attention it deserves.

Building Your Defense Against Drug Trafficking Charges

There are a number of legal defenses that an experienced attorney may use to fight drug trafficking accusations, including:

  • Illegal search and seizure – If the police violated your 4th Amendment rights by searching you or your property without probable cause and a warrant, the evidence may be excluded. This could result in the charges being dismissed.
  • Entrapment – You can argue you were illegally entrapped by police into committing the crime. For example, if an undercover cop pressured you multiple times to sell drugs.
  • Incorrect weight – The drug amounts that trigger trafficking charges are very precise. An error in weighing drugs seized from you could mean the difference between a misdemeanor and felony.
  • No knowledge – Prosecutors must prove you knowingly sold or possessed the drugs. You may not have known what was in the package.
  • Duress – If you can show you were forced into trafficking drugs because of threats against you or family.
  • Medical marijuana – There may be a medical necessity defense if you have a marijuana trafficking charge and valid medical marijuana card.

A skilled lawyer will look at every angle of your case to figure out the best defense strategy. This takes an in-depth review of all the evidence and police reports from your arrest.

How an Experienced Lawyer Can Help with Sentencing

Even if a trafficking conviction seems likely, an attorney can still help reduce your penalties. Prosecutors and judges have some discretion in sentencing, especially for first-time offenders.An experienced lawyer knows how to negotiate with the prosecution to lower charges in exchange for a guilty plea. They may also be able to get mandatory minimum sentences waived so you are eligible for parole sooner.If negotiations fail, your attorney can present mitigating circumstances to the judge that may help lower your sentence. For example, arguing that you were only a minor player in the drug operation. Or emphasizing positive factors like your lack of criminal history and family obligations.The bottom line is – don’t just plead guilty without talking to a lawyer! There are always options in fighting drug trafficking charges and minimizing penalties in Florida. But you need an experienced professional on your side.

Finding the Right Drug Trafficking Defense Attorney

If you or a loved one is facing drug trafficking accusations in Florida, here are some tips on finding the best attorney:

  • Look for a lawyer with extensive experience specifically defending drug trafficking cases. Check their background and case results.
  • Find someone familiar with your area’s prosecutors and judges. Local knowledge can help in negotiating favorable deals.
  • Ask about the lawyer’s trial record and if they’re willing to take your case to trial if needed.
  • Consider hiring a private defense attorney rather than a public defender. Public defenders often have high caseloads.
  • Meet with the lawyer in person to discuss your case details and defense strategy. Make sure you feel comfortable with them.
  • Find out what legal fees will be upfront. Drug trafficking cases often have complicated defenses and trial costs.
  • Look for client reviews and testimonials. This can give you insight into the attorney’s skills and dedication.

Don’t wait to start searching for a drug trafficking lawyer in your area. The sooner you can build a strong defense, the better your chances of avoiding harsh mandatory minimum sentences in Florida. Be proactive and focus on finding the best legal representation possible.

Conclusion

Getting arrested for drug trafficking in Florida is extremely serious. Mandatory minimum prison sentences start at 3 years even for first-time offenders. The penalties escalate quickly from there depending on the drug amount and criminal record.That’s why building an aggressive legal defense needs to be your top priority from day one. Don’t take chances with your future – hire an experienced local drug trafficking attorney right away. Look for someone with a proven record of success in these complex cases. An skilled lawyer can negotiate reduced charges or take your case to trial. They also know how to argue for lower sentences if you are convicted. Don’t wait to get help fighting drug trafficking accusations – your freedom is on the line.

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CLAIRE BANKS

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RAJESH BARUA

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