Drug Trafficking

Drug Trafficking

Drug trafficking is the sale, delivery, manufacture, or, possession of loans for bad credit in nh certain drugs over a specified quantity starting at a mere 4 grams of possession. Florida law provides for severe penalties for drug trafficking offenses. Minimum mandatory for drug offenses can range from three years to life in prison, depending upon the quantity and type of drug. Due to the severity of these charges and the draconian penalties they carry, it is extremely important to involve a criminal defense attorney as soon as possible after an arrest.

893.135 Drug Trafficking laws in Florida.

Trafficking in Cannabis / Marijuana

(a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as “trafficking in cannabis,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity of cannabis involved:

1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000.

2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $50,000.

3. Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.

Trafficking in Cocaine

(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

2. Any person who personal loan in sbp knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of cocaine, as described in s. 893.03(2)(a)4., commits the first degree felony of trafficking in cocaine. A person who has been convicted of the first degree felony of trafficking in cocaine under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149.

Trafficking in Oxycodone / Hrdrocodone / Opium

(c)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.

2. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 947.149. However, if the court determines that, in addition to committing any act specified in this paragraph:

(4) The state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any payday loans in spokane valley of that person’s accomplices, accessories, co-conspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.

Conspiracy to Commit Drug Trafficking

(5) Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the first degree and is punishable as if he or she had actually committed such prohibited act.

Some of these offenses can be prosecuted federally and include all the above plus illegal alien smuggling, and conspiracy

Defenses to Drug Trafficking

These particular charges contain the largest amount of defenses because many times the police action violates a citizens right to privacy, self incrimination, right to be free from illegal searches and seizures in our homes, papers and affects. These are rights guaranteed by the 4th 5th and 6th amendments of our constitution. Police must abide by a strict code of police procedure in order to establish “Probable Cause” in arresting an person for this offense. None of these procedures can be violated or omitted.

Many times these cases are orchestrated with the use of confidential informants who are either paid by police, or working with the police to reduce their own prison sentences. These informants make terrible witnesses for the police because they are not only convicted felons they are motivated to lie for the police to get a reduced sentence for their own illegal drug activity. Also they may have entrapped an unwilling participant into the drug trade which is also an illegal under our constitution.

These police violations can result in reduced charges, dismissal or a a complete vindication. You want a lawyer to be on top of the latest defenses that can favorably effect your case. I am experienced, knowledgeable , tenacious and committed to know all these defenses and to assert all your defenses to get the best result possible.

 When you hire me as your attorney, I will immediately intervene on your behalf, calling the prosecution to share any information the arresting officer may have ignored or left out. This could make the difference in whether formal charges are filed or potentially dropped.

I will thoroughly evaluate your arrest records and any evidence associated with your case. If the law enforcement officer did not have probable cause to arrest you, or your search and seizure was conducted illegally, I will file motions to suppress evidence or dismiss charges. If litigation is in your best interests, I will skillfully and tenaciously protect your rights in the courtroom.

To schedule a free initial consultation, contact or call  me directly! 954-522-3205.