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Melbourne Drug Trafficking Attorney
The state of Florida takes drug trafficking seriously. If you have received drug trafficking charges, you will need a Melbourne drug trafficking attorney on your side to help you navigate your court proceedings.
If you have been charged with drug trafficking, finding an experienced attorney is one of the first things you should do. I specialize in criminal defense cases and am the Melbourne drug trafficking attorney who can defend your rights and help you pursue a reduced sentence.
How Does The State Of Florida Define Drug Trafficking?
The state of Florida has some of the most severe drug-crime-related penalties in the U.S. Law enforcement officials view any drug-related offense seriously, but what distinguishes the crime of drug possession and drug trafficking from one another, and how are the penalties determined?
While drug possession is determined simply on the basis of being in possession of an illegal drug or controlled substance, the definition of drug trafficking extends to how the drug is handled prior to use.
Drug trafficking laws consider various activities when distinguishing between simple drug possession and more severe drug trafficking offenses. These activities include selling, transporting, importing, distributing, cultivating, and manufacturing controlled substances. Depending on the specific circumstances and the extent of involvement in any of these activities, a case can be classified as either drug possession or drug trafficking, with significantly different legal consequences.
How Are Penalties For Drug Trafficking Determined?
The state of Florida defines drug trafficking as the deliberate act of selling, buying, manufacturing, delivering, possessing, or transporting a quantity of drugs that exceeds the threshold known as a “trafficking amount” into the state of Florida.
If a case meets the criteria required to fall under the category of drug trafficking, the resulting penalty is determined based on a few different factors:
- How much of the drug was being transported, sold, or manufactured.
- What type of drugs were involved.
- Where the drug trafficking was taking place (i.e., trafficking that takes place in a drug-free zone such as a church or school will potentially carry a more severe sentence).
Penalties For Trafficking Cannabis In The State Of Florida
According to Statute 893.135, the state of Florida determines charges for trafficking cannabis based on:
- The amount of cannabis – if the weight of the substance is between 25 and 2000 pounds or the trafficker has over 300 cannabis plants, the trafficker is guilty of a felony in the first degree and is subject to receive a mandatory minimum 3-year prison sentence and a fine of at least $25,000.00.
- Amounts of cannabis between 2000 pounds but under 10,000 pounds or having between 2000 and 10,000 cannabis plants is penalized with a mandatory minimum 7-year prison sentence and a fine of $50,000.00.
- 10,000 pounds or more or 10,000 plants or more will result in a mandatory minimum 15-year prison sentence and a fine of $200,000.00.
Drug Trafficking Penalties For Other Drugs
Other drugs and their amounts that may result in drug trafficking charges include:
- 4 grams or more of heroin
- 28 grams or more of cocaine
- 28 grams or more of hydrocodone
- 7 grams or more of oxycodone
- 4 grams of fentanyl
- 14 grams of methamphetamine
Charges for these drugs also range from misdemeanor to felony. The severity of a potential sentence depends on factors such as the circumstances surrounding the activity and the location where the amount of the drug.
What Can a Drug Trafficking Attorney Do for You?
An experienced drug trafficking attorney can provide valuable assistance in several ways. First and foremost, they can help you gain a clear understanding of the charges you’re facing. This understanding is crucial as it allows you to make informed decisions about your case.
A skilled attorney can negotiate with prosecutors on your behalf, aiming to secure a lighter sentence or explore alternatives to incarceration. Their expertise in legal negotiations can significantly impact the outcome of your case.
Additionally, your attorney can play a vital role in protecting your rights by challenging the introduction of any illegally obtained evidence in court. This can be a critical aspect of your defense, as evidence obtained in violation of your constitutional rights may not be admissible.
It’s important to remember that, regardless of the specific charges, you are entitled to the protection and guidance that a seasoned criminal defense attorney can provide.
John A. Spellacy Is Your Melbourne Drug Trafficking Attorney
I have helped individuals just like you navigate their cases effectively. I will stand up for you in court and defend your right to a fair trial. A recent client had this to say about his experience working with me.
“I was fortunate enough to have Mr. Spellacy represent me on 2 separate cases, The first one, we went all the way to trial, and we won; the second time got the case thrown out within a couple of weeks… Very much highly recommended by me personally.”
Contact my office today for a free case evaluation and to explore your legal options.