Gainesville Drug Trafficking Attorney

Overview of Florida Trafficking by a Gainesville Drug Trafficking Attorney

Gainesville Drug Trafficking Attorney

Drug trafficking is a serious crime and is normally classified as a first degree felony. All controlled substances, such as heroin, cocaine, methylenedioxymethcathinone (bath salts, flakka, gravel), methylenedioxymethamphetamine (MDMA, ecstacy, molly), oxycodone, and cannabis (marijuana), are subject to trafficking laws based on their weight and type. If you have been charged with any type of drug trafficking, you need to consult a Gainesville Drug Trafficking attorney immediately. The penalties for any of these crimes is enough to ruin your life and requires every resource possible to fight for your freedom.

 Gainesville Drug Trafficking attorney

What is Drug Trafficking in Florida?

The first thing a Gainesville Drug Trafficking attorney needs you to be aware of is what you are accused of which is actually pretty straight forward. The primary statute controlling trafficking in controlled substances is Fl. St. 893.135, which is in addition to the general prohibition on controlled substances found in 893.13. To be convicted under Florida state law, the state must prove beyond a reasonable doubt the following:

  1. The defendant knowingly possessed, sold, purchased, manufactured, delivered, or brought into Florida a certain controlled substance
  2. The controlled substance is the drug that it is alleged to be, or a mixture thereof
  3. The controlled substance was in excess of the weight deemed under the statute to be trafficking.

Fighting Trafficking Charges in Gainesville

Multiple defenses may be available to someone charged with trafficking in drugs. You will need an experienced Drug Trafficking attorney in Gainesville to help you understand what options you have available because the stakes are very high. Like other types of possession cases, your case may involve any, some, or all of the following:

  • warrantless search and seizure of evidence
  • insufficient reasonable suspicion or probable cause to detain or arrest
  • illegally obtained warrant
  • illegally overbroad warrant
  • affirmative defense of lack of knowledge
  • lawful prescription
  • motion to suppress evidence
  • lack of evidence of possession
  • lack of evidence of knowledge of substance
  • mere proximity to the controlled substance
  • pretrial diversion
  • overdose defense or good samaritan
  • temporary possession
  • substantial assistance downward deviation

Recently Landsman Law has posted on the topic of illegal searches of facebook and search warrants which can be found here.

What are the Mandatory Penalties for Drug Trafficking

But most important to someone charged with Drug trafficking are the enhanced penalties which make this charge so much more serious than other drug charges. Most Drug Trafficking charges have at least a three year minimum mandatory sentence, which means that if convicted, no matter if you have no criminal record or are a very sympathetic individual in terms of background or life circumstances, the Court will be required to sentence you to at least three years in state prison. That is why you need Gainesville Drug Trafficking attorney Matt Landsman to help you as soon as possible.

Below are some examples of penalties based on drug type and weight.

Cannabis (Marijuana)

One found to be in possession or importing between 25 pounds, but less than 2,000 pounds of cannabis is subject to mandatory imprisonment of no less than three years and ordered to pay a fine of $25,000. If the quantity involved is 2,000 pounds or more, but less than 10,000 pounds, one is subject to mandatory imprisonment of no less than seven years and ordered to pay a fine of $50,000. If the quantity involved is 10,000 pounds or more, one is subject to mandatory imprisonment of 15 years and ordered to pay a fine of $200,000.

Cocaine

One found to be in possession of or importing between 28 grams, but less than 200 grams of cocaine is subject to mandatory imprisonment of no less than three years and ordered to pay a fine of $50,000. If the quantity involved is 200 grams or more, but less than 400 grams, one is subject to mandatory imprisonment of no less than seven years and ordered to pay a fine of $100,000. If the quantity involved is 400 grams or more, but less than 150 kilograms, one is subject to mandatory imprisonment of 15 years and ordered to pay a fine of $250,000. 

Heroin

One found to be in possession of or importing more than four grams, but less than 14 grams of heroin is subject to mandatory imprisonment of no less than three years and ordered to pay a fine of $50,000. If the quantity involved is 14 grams or more, but less than 28 grams, one is subject to mandatory imprisonment of no less than 15 years and ordered to pay a fine of $100,000. If the quantity involved is 28 grams or more, but less than 30 kilograms, one is subject to mandatory imprisonment of 25 years and ordered to pay a fine of $500,000. 

Methylenedioxymethcathinone

(Bath Salts, Flakka, Gravel) & Methylenedioxymethamphetamine (MDMA, Ecstasy, Molly)

One found to be in possession of or importing more than 10 grams, but less than 20 grams is subject to mandatory imprisonment of no less than three years and ordered to pay a fine of $50,000. If the quantity involved in 200 grams or more, but less than 400 grams, one is subject to mandatory imprisonment of no less than seven years and ordered to pay a fine of $100,000. If the quantity involved is 400 grams or more, one is subject to mandatory imprisonment of 15 years and ordered to pay a fine of $250,000.

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Gainesville, FL 32601

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