Charged With Trafficking? We Will Defend You Against Prosecutors. We Are Not Former Prosecutors, We Have Always Defended Floridians! Call Us (407) 408-0494

The Basics of Trafficking (Cannot be “Sealed”):

Trafficking charges in Florida can be somewhat of a legal absurdity that often carry stiff maximum penalties. Trafficking differs from simple possession charges in the amount or weight of narcotics, the manner it is packaged, and also the intent of the person being charged. If you were charged under Florida Statute 893.13, the prosecutors would not need to prove knowledge or intent. State v. Medlin, 273 So.2d 394 (Fla.1973). But under the Trafficking statute in Florida, knowledge and intent need to also be proven, which could work in your favor and make it more difficult for the prosecutors to prove. State v. Ryan, 413 So.2d 411 (Fla. 1982).

“Trafficking” in Florida could mean one of several things:

  1. possession (actual or constructive) of a controlled substance
  2. sale of a controlled substance
  3. delivery of a controlled substance
  4. purchase of a controlled substance
  5. manufacturing a controlled substance
  6. delivery of a controlled substance

Trafficking Marijuana / Cocaine Minimum Mandatory Sentences:

The Florida legislature enacted Florida Statutes § 893.135 intending to target high-level drug dealers and people involved in transactions of significant amounts of illegal drugs (as opposed to just having them for personal use or ingestion). State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998); State v. Baxley, 684 So. 2d 831 (Fla. 5th DCA 1996).

Amount of Marijuana Florida Statutes 893.135(1)(a) Mandatory MINIMUM Sentence
More than 25 pounds, but less than 2,000 pounds OR 300 or more cannabis plants, but not more than 2,000 cannabis plants Three (3) years in prison and a $25,000 fine
2,000 pounds or more, but less than 10,000 pounds OR 2,000 or more cannabis plants,but not more than 10,000 cannabis plants Seven (7) years in prison and a $50,000 fine
10,000 pounds or more OR 10,000 or more cannabis plants Fifteen (15) years in prison and a $200,000 fine

 

Amount of Cocaine Florida Statutes 893.135(1)(b): Mandatory MINIMUM Sentence
28 grams or more, but less than 199.9999 grams Three (3) years in prison and a$50,000 fine
200 grams or more, but less than 399.9999 grams Seven (7) years in prison and a $100,000 fine
400 grams or more, but less than 149.9999 kilograms Fifteen (15) years in prison and a $250,000 fine

Please see Florida Statutes § 893.135(1) for additional illegal narcotics including LSD, Ecstasy, GHB, etc…

Trafficking Oxycodone or Hydrocodone Minimum Mandatory Sentences:

Even if you have a valid prescription for Oxycodone or Hydrocodone (“percocet” or “oxycontin”), if you try to sell the pills to a person without a valid prescription, you could be charged with trafficking even if you had just one single pill! Celest v. State of Florida, 2012 WL 511303 (Fla. 5th DCA 2012).

You may want to also think twice before telling the police you have a valid prescription. We always tell our clients, its better to not say anything to law enforcement that may incriminate you before talking to a lawyer. Prescription records in Florida are subject to warrantless police inspection because they have been found by courts as falling outside of protected  “private medical records.” So yes, a cop can simply go down to your local neighborhood pharmacy and get your prescription records without a warrant, without getting your permission or without you even knowing.

Amount of Hydrocodone Florida Statutes 893.135(1)(c): Mandatory MINIMUM Sentence
4 grams or more, but less than 14 grams Three (3) years in prison and a $50,000 fine
14 grams or more, but less than 28 grams Fifteen (15) years in prison and a $100,000 fine
28 grams or more, but less than 30 kilograms Twenty five (25) years in prison and a $500,000 fine

 

Amount of Oxycodone Florida Statutes 893.135(1)(c): Mandatory MINIMUM Sentence
4 grams or more, but less than 14 grams Three (3) years in prison and a $50,000 fine
14 grams or more, but less than 28 grams Fifteen (15) years in prison and a $100,000 fine
28 grams or more, but less than 30 kilograms Twenty five (25) years in prison and a $500,000 fine

 

**The Modarres Law Firm can also file a Motion to Re-Weigh Evidence in close cases to allow a defense expert into law enforcement’s evidence locker to re-weigh the evidence to make sure it was weighed accurately and you are being charged for what you actually possessed.

 

Scientific Weight vs. Actual Weight of the Illegal Pills…

What makes trafficking charges, specifically when dealing with pills, exponentially worse is that the charges are based on the total weight of the pills. Because every pill usually has an “active ingredient” as well as some legal ingredient such as Tylenol) the charges are not based on the amount of “illegal ingredients” you have in your possession. A pill with 4 grams of Tylenol and .1 gram of hydrocodone, for example, could land you a MINIMUM three year prison sentence and $50,000 fine!! Lortab is an opioid pain medication and is one such pill that fits that description, containing 10 miligrams of hydrocodone and 500 miligrams of Tylenol (or “acetaminophen”).

Trafficking Is Treated Differently In Florida:

The State of Florida, partially in response to the “War on Drugs,” modeled its drug laws after the Federal criminal codes to achieve uniform drug enforcement and penalties. The Federal government has since revised the sentencing guidelines based on “the total weight of the pill” charging factor, but Florida retains it and have not yet followed the US government’s lead.

The second problem is that courts in Florida refuse calculate the actual weight of the illegal ingredient in a pill (based on the make-up of the pill which can be readily ascertainable). Unless you’re charged with a DUI where all types of contraptions and scientific methods are used to determine exactly how much alcohol you had, courts may view the calculation of other substances a waste of time or resources.  Even still, there are options, and The Modarres Law Firm will fight on your behalf to expose any and all weaknesses in the State Attorney’s case against you to achieve the most favorable outcome in your case.

Give us a call today to speak directly to one of our experienced attorneys, not a paralegal or legal secretary (407) 408-0494

 

 

 

Copyright © 2013 The Modarres Law Firm – Orlando Florida Defense Lawyers – Central Florida Criminal Defense Attorneys – All rights reserved. Orlando Criminal Lawyer Disclaimer: The civil rights, criminal, criminal defense or other legal defense information presented at this site should not be considered formal legal advice nor the formation of a lawyer or attorney client relationship. Our criminal defense law firm serves the following communities, among others: Orlando, Pine Hills, Apopka, East Orlando, West Orlando, Conway, Bay Hill, Doctor Phillips, Belle Isle, Pine Castle, Oviedo, Ocoee, Winter Park, Winter Springs, Maitland, Eatonville, Winter Garden, Southeast Orlando, Southwest Orlando, Casselberry, Altamonte Springs, Maitland, Apopka, Sanford, Seminole County, Orange County, Heathrow, Lake Mary, Longwood, Midway, UCF, University Park, Thornton Park, Baldwin Park, Colonial Drive, Orange Avenue, Robinson Street, S Orange Avenue, Downtown Orlando, Alafaya Trail, University Blvd, Curry Ford, Lake Underhill, Goldenrod Road, Dean Road, Chickasaw Trail, Pershing, Semoran Blvd, Lake Margaret, Conway.

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