When you hear the terms “drug trafficking” or “drug trafficker,” the image that comes to mind is that of a “big time” drug dealer. With a word like trafficking, someone would have to be moving a lot of drugs, right?Wrong!
Under Florida law, neither drug dealing nor “big time” is required to satisfy the elements of drug trafficking. Trafficking simply means possession of a certain weight of a drug. The weight limits are drug-specific. For instance, while 14 grams of cocaine may constitute trafficking in cocaine, 14 grams of marijuana does not constitute trafficking.
Trafficking is a serious felony. Every trafficking offense is a first-degree felony punishable by up to 30 years in prison. Some heavy weights of drugs are even capital felonies. The minimum mandatory prison sentences and fines go up with the weights of the drugs.
Importance of Hiring an Experienced Drug Defense Attorney
It is important to hire an attorney who is familiar with the drug trafficking laws pertaining to your case. In Florida, there are very severe penalties if you are accused of trafficking drugs. Many drug trafficking charges carry a mandatory minimum sentence. What this means is if you are found guilty at trial the judge has to sentence you to the mandatory sentence or a greater sentence. The only way to avoid this mandatory minimum sentence is to get the state attorney to agree to waive this sentence.
In addition to facing a prison sentence for trafficking drugs, these charges also carry a hefty fine as well. The punishments associated with trafficking are found under Florida Statute chapter 893 section 135. In this statute, you will find the mandatory minimum sentences accompanied by the crime as well as the fine associated with the crime. When you are charged with trafficking in a controlled substance it is important you hire an attorney that knows how to investigate these types of charges. There are unique defenses that are available in these types of cases.
For example, there could be an issue with the amount of weight of the drugs. These charges will vary in severity of punishment depending on the weight of the substance. It is possible to consult your attorney about hiring an expert that can do an independent calculation of the weight of the drugs and make an independent determination whether the weight of the drugs is properly calculated. Furthermore, another defense to this charge is that the substance that you were in possession of was not properly tested and the substance that the state is accusing you of possessing is actually not an illegal substance. It is these types of defenses that can help you stay out of prison and avoid thousands of dollars in fines.
Our Florida Drug Defense Attorney Is Here To Help You
If you are charged with trafficking, you will need a good criminal defense attorney. Many defenses exist to trafficking and you will need an experienced criminal defense attorney to apply the relevant law to your unique set of facts.
Robert David Malove is a bar-certified criminal defense attorney with over 30 years experience defending Floridians charged with drug trafficking and other offenses. If you or someone you love is charged with drug trafficking, Contact Robert David Malove, an experienced criminal defense attorney.