Drug trafficking is one of the most serious criminal offenses associated with drugs. Drug trafficking is defined as possession, manufacture, or delivery of a certain quantity of controlled substances and/or mixing agents. This means that even if you only have 100 grams of cocaine, but you also have 300 grams of baking soda, you will be charged as if you had 400 grams. If you are being investigated for or have been charged with drug trafficking, you absolutely need an aggressive defense team. At the Law Offices of Roger P. Foley, we have successfully defended many clients who have been charged with drug trafficking.
It violates state and federal law, and any person who is caught or accused of drug trafficking can be prosecuted by the state, by the federal government, or by both. There is always a mandatory minimum sentence for drug trafficking convictions in Florida; this means that if you don’t win your case or if you plead guilty or no contest, you will spend time in prison. Furthermore, if the amount of drugs for which you are being accused is sufficient to provide reasonable belief that a death could or would result from it, it becomes a capital felony. Capital felonies are punishable by life in prison without the chance for parole or the death penalty.
It is also important to note that any person who is accused of fraudulently receiving controlled substances in the amounts listed below, even if he or she has a prescription, will be charged with drug trafficking. This includes “doctor shopping,” i.e. going to different doctors to obtain a prescription as well as failing to disclose other prescriptions.
|25-2,000 pounds, or 300-2,000 plants||1st degree felony||30 years in prison
(minimum 3 years)
|2,000-10,000 pounds, or 2,000-10,000 plants||1st degree felony||30 years in prison
(minimum 7 years)
|Greater than 10,000 pounds or 10,000 plants||1st degree felony||30 years in prison
(minimum 15 years)
|Within 1,000 feet of a school, child care facility, or other specified location||1st degree felony||15 years in prison|
For the Florida statute regarding drug trafficking crimes and penalties, see §893.135, Fla. Stat. (2009).