Florida law provides for harsh sentences for drug dealers under two different statutes. Florida statute 893.13 punishes the possession of a controlled substance with intent to sell, manufacture or deliver and Florida statute 893.135 punishes a person who knowingly possesses, sells, manufactures, delivers, purchases or transports a trafficking amount of a specified controlled substance. If you have been arrested for a drug trafficking charge in the Tampa Bay area, contact us today at 813-401-0130 to see how we can help you keep your life on track.
The drug trafficking statute provides for mandatory minimum prison sentences for people who may not be actual drug dealers. The length of the prison sentence varies depending on the amount and the substance and ranges anywhere from 3 years in prison on the low end and 25 years in prison on the upper end. Even a relatively minor amount of drugs can trigger the drug trafficking statute. For example the possession of only 1 gram of LSD or 7 grams of oxycodone is considered a trafficking amount requiring the judge to impose a mandatory minimum prison sentence of 3 years and a fine of no less than $50,000 no matter what. Furthermore, the weight determines by the total weight of the entire oxycodone pill for example and not just the weight of the illegal substance that is part of the pill. Which means that a person who possesses oxycodone pills which have a combined weight of 8 grams but only 1.5 of those 8 grams is the weight of the controlled substance, is guilty of drug trafficking.
Entrapment means that the police enticed someone to commit a crime that the person would otherwise not have committed.
Even if the state can prove that the person possessed a trafficking amount of drugs, an experienced defense attorney may still be able to help you beat the charges by filing a motion with the court that the police obtained the evidence illegally.
Even though not an actual defense to the charges, a good defense attorney may still be able to help you avoid serving a lengthy prison sentence by convincing the state attorney’s office to waive the minimum mandatory sentence in exchange for having you help them catch some actual drug dealers.