Trafficking
Drug trafficking charges carry some of the most severe penalties of
all of the drug offenses, and they are sometimes the most
misunderstood. Many people think that to be charged with
trafficking drugs a person has to be selling large quantities, or, at
least somehow connected in the transportation or movement of
that contraband. While Florida does include the selling,
manufacturing, delivering and purchasing of controlled substances
in it's definition of Trafficking, it also includes merely
possessing that contraband, but in specified quantities.
For cannabis (pot), "trafficking" means being in possession of over
25 pounds, or having 300 plants. For cocaine, "trafficking" means
being in possession of more than 28 grams. A person can also be
charged with trafficking in pills, such as hydrocodone, oxycontin,
or, vicodine, if they are in possession of merely 4 grams.
And, "possession" can be actual or what is known as
"constructive" possession.
As mentioned, the penalties for trafficking drugs is extremely
harsh. The Statutes dictate that for any conviction on a drug
trafficking charge the court has to impose a "mandatory
minimum" or "minimum mandatory" sentence of prison. The
Court has no discretion in it's sentence, and must impose either a
three (3), seven (7), fifteen (15), or twenty-five (25) year term of
imprisonment, depending on the controlled substance and amount.
The Law Offices of David Golden,P.A. has successfully defended
drug trafficking charges in Martin County, St. Lucie County,
Indian River County, and Okeechobee County, by aggressively
attacking key elements of the State's case showing they could not
meet their burden of proof in establishing "possession" or weight,
and by pointing out other defects or considerations that were
overlooked.
For your convenience, a link to Florida Statute 893.135 has been
provided, but you are urged to contact the Law Offices of DavidGolden, P.A. at (772) 220-4400 to schedule your Free Consultation.