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Trafficking

ARRESTED FOR TRAFFICKING IN OXYCODONE IN SEMINOLE COUNTY?

ARRESTED FOR TRAFFICKING IN ANOTHER CONTROLLED DANGEROUS SUBSTANCE?

CANNABIS? HEROIN? ECSTACY? MDMA? COCAINE? OR ANOTHER CONTROLLED DANGEROUS SUBSTANCE?

The penalties after being convicted for a trafficking offense in the State of Florida are severe. They require minimum mandatory prison sentences.

However, many of these cases are difficult to prosecute. This is especially the case when the arrest and/or charge is for trafficking in a prescription medication such as Oxycodone, Valium, or Xanax, for example.

Just recently, the Fourth District Court of Appeals, found that having one oxycodone pill in your pocket was not indicative of criminal activity, and thus, found that the arrest made after the discovery of said pill was unlawful. This meant that the charges had to be dismissed.

If we were to take this a step further, if in the example above, the arrest for the one pill led to the discovery of more pills, all of that evidence would have to suppressed, i.e., not allowed to be used by the prosecution at a trial. Without this evidence the government could not prove the charges against you.

The mandatory sentences for convictions for trafficking in controlled dangerous substances are found in Florida Statute 893.135

Here are a couple of examples of the minimum penalties if you are convicted.

OXYCODONE

If you are convicted of possessing, selling, and/or procuring 4 grams or more, but less than 14 grams, of Oxyxodone the minimum mandatory sentence if you are convicted is 3 years imprisonmen and $50,000 fine. It is encouraged that you seek a consultation with and attorney immediately.

If you are convicted of possessing, selling, and/or procuring 14 grams or more of Oxycodone, but less than 28 grams, the minimum mandatory sentence if you are convicted is 15 years imprisonment, a fine of $100,000.

If you are convicted of possessing, selling, and/or procuring 28 grams or more, but less than 30 kilograms, of Oxydoconethe mandatory minimum term of imprisonment of 25 calendar years and you will be required to pay a fine of $500,000.

CANNABIS

If you are convicted of possessing, selling, and/or procuring Is in excess of 25 pounds, but less than 2,000 pounds, or are convicted of possessing 300 or more cannabis plants, but not more than 2,000 cannabis plants, the mandatory minimum term of imprisonment is 3 years, and you will be ordered to pay a fine of $25,000.

If you are convicted of possessing, selling, and/or procuring 2,000 pounds or more, but less than 10,000 pounds, or areconvicted of possessing 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, the mandatory minimum term of imprisonment is 7 years, and you will be ordered to pay a fine of $50,000.

If you are convicted of possessing, selling, and/or procuring 10,000 pounds or more, or are convicted of possessing 10,000 or more cannabis plants, the mandatory minimum term of imprisonment is 15 calendar years and you will be ordered to pay a fine of $200,000.

THERE ARE DEFENSES

If you are arrested for trafficking in a controlled substance it is imperative that you contact any attorney. There are many defenses. Please contact our office at 407-865-8888 for a complimentary consultation.