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Serving Highlands, Hardee & Polk County with Criminal Defense
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(863) 385-1565

Drug Crimes/Trafficking

Call (863) 385-1565 to Schedule a Consultation

At the Law Office of Fletcher and Brewer PA we can help you defending you from drug charges such as:
  • Drug Possession
  • Paraphernalia
  • Possession of control substance without prescription
  • Intent to Distribute
  • Manufacturing

Drug Possession Charges:

First Degree Misdemeanor Possession
  • Up to 20 g marijuana (except for legally possessed medical marijuana)
  • Misdemeanor offender with at least 4 priors is subject to enhanced penalties
Third Degree Felony Possession
  • More than 20 g marijuana (except for legally possessed medical marijuana); up to 28 g cocaine; up to 10 g MDMA/ecstasy; up to 1 g LSD; up to 4 g heroin/opiate
First Degree Felony Possession
  • More than 25 lbs. marijuana; more than 28 g cocaine; more than 10 g MDMA/ecstasy; more than 1 g LSD; more than 4 g heroin/opiate
In the state of Florida, Drug charges can carry the following penalties:
  • First Degree Misdemeanor: Up to 1 yr. in jail, plus court costs; those with at least 4 prior convictions may be sentenced to 1 yr. in jail, mandatory treatment, or home detention of up to 1 yr.
  • Third Degree Felony: Up to 5 yr. in prison
  • First Degree Felony: Up to 30 yrs. in prison and up to $250,000 in fines; mandatory minimums apply (depending on type of drug and amounts).

CONTACT AN ATTORNEY

If you have been arrested for any of the charges mentioned above, you may have defenses available to contest the charge or to minimize potential penalties. Contact FLETCHER AND BREWER, PA today for a free consultation. 

Charged with Drug Trafficking?

Florida vigorously prosecutes individuals caught with trafficking amounts of drugs. And even though a person may not be a true "drug dealer" or is not a leader in a drug trafficking organization, the law requires the imposition of mandatory-minimum prison sentences.
Some of the most commonly charged crimes involving the illegal trafficking in drugs are:
  • Trafficking in Cannabis
  • Trafficking in Cocaine
  • Trafficking in Fentanyl
  • Trafficking in GHB
  • Trafficking in Heroin
  • Trafficking in Hydrocodone
  • Trafficking in MDMA (Ecstacy)
  • Trafficking in Methamphetamine (Crystal Meth or Meth)
  • Trafficking in Oxycodone
In addition to harsh criminal penalties of fines, prison sentences, and lengthy probation, individuals involved in the drug trade may also be subject to civil penalties such as forfeiture of their home, vehicles, or money, which the government believes is linked to the drug trade.

Mandatory Minimum Penalties for Drug Trafficking

Florida Statute 893.135 provides for the following mandatory minimum prison sentences and fines for trafficking in certain quantities of illegal drugs:
Trafficking in Cannabis:Mandatory Minimum Sentence
25 lbs. to 2,000 lbs.; or 300 to 2,000 cannabis plants3 years prison and a $25,000 fine
2,000 lbs. to 10,000 lbs.; or 2,000 to 10,000 cannabis plants7 years prison and a $50,000 fine
10,000 lbs. or more; or 10,000 or more cannabis plants15 years prison and a $200,000 fine
Trafficking in Cocaine:Mandatory Minimum Sentence
28 grams or more, but less than 200 grams3 years prison and a $50,000 fine
200 grams or more, but less than 400 grams7 years prison and a $100,000 fine
400 grams or more, but less than 150 kilograms15 years prison and a $250,000 fine
Trafficking in Fentanyl:Mandatory Minimum Sentence
4 grams or more, but less than 14 grams3 years prison and a $50,000 fine
14 grams or more, but less than 28 grams15 years prison and a $100,000 fine
28 grams or more, but less than 30 kilograms25 years prison and a $500,000 fine
Trafficking in GHB:Mandatory Minimum Sentence
1 kilogram or more, but less than 5 kilograms3 years prison and a $50,000 fine
5 kilograms or more, but less than 10 kilograms7 years prison and a $100,000 fine
10 kilograms or more15 years prison and a $250,000 fine
Trafficking in Heroin:Mandatory Minimum Sentence
4 grams or more, but less than 14 grams3 years prison and a $50,000 fine
14 grams or more, but less than 28 grams15 years prison and a $100,000 fine
28 grams or more, but less than 30 kilograms25 years prison and a $500,000 fine
30 kilograms or moreLife in Prison and a $500,000 fine
Trafficking in Hydrocodone:Mandatory Minimum Sentence
14 grams or more, but less than 28 grams3 years prison and a $50,000 fine
28 grams or more, but less than 50 grams7 years prison and a $100,000 fine
50 grams or more, but less than 200 grams15 years prison and a $500,000 fine
200 grams or more, but less than 30 kilograms25 years prison and a $750,000 fine
Trafficking in LSD:Mandatory Minimum Sentence
1 gram or more, but less than 5 grams3 years prison and a $50,000 fine
5 grams or more, but less than 7 grams7 years prison and a $100,000 fine
7 grams or more15 years prison and a $500,000 fine
Trafficking in MDMA (Ecstasy)Mandatory Minimum Sentence
10 grams or more, but less than 200 grams3 years prison and a $50,000 fine
200 grams or more, but less than 400 grams7 years prison and a $100,000 fine
400 grams or more15 years prison and a $250,000 fine
Trafficking in Methamphetamine:Mandatory Minimum Sentence
14 grams or more, but less than 28 grams3 years prison and a $50,000 fine
28 grams or more, but less than 200 grams7 years prison and a $100,000 fine
200 grams or more15 years prison and a $250,000 fine
Trafficking in Oxycodone:Mandatory Minimum Sentence
7 grams or more, but less than 14 grams3 years prison and a $50,000 fine
14 grams or more, but less than 25 grams7 years prison and a $100,000 fine
25 grams or more, but less than 100 grams15 years prison and a $500,000 fine
100 grams or more, but less than 30 kilograms25 years prison and a $750,000 fine

Defenses to Drug Trafficking

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, commonly raised drug trafficking defenses include:
Entrapment
Entrapment is occurs when an undercover law enforcement officer or confidential informant induces a person to commit a criminal offense that the person would otherwise have been unlikely to commit. If it is determined that you were entrapped, the court can dismiss the charges against you.
Illegal Search or Seizure
Often, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search when they otherwise would not be required to; coerce people into agreeing to a search; arrest people without probable cause; or obtain search warrants in bad faith.
If any of these can be proven through the filing of a Motion to Suppress, the courts will suppress the resulting evidence as having been illegally obtained in violation of the Fourth Amendment of the United States; which can lead to an outright dismissal of the case.
Substantial Assistance
While not technically a defense, Substantial Assistance is the most commonly utilized method to avoid the minimum-mandatory sentencing required for the crime of Trafficking in Cocaine.
The state attorney is authorized by statute to ask the court to reduce or suspend a sentence of any person who is convicted of drug trafficking when the person provides substantial assistance in the identification, arrest, or conviction of any other person engaged in trafficking in controlled substances.
This remedy is routinely offered pursuant to a "Substantial Assistance Contract" that requires you to "assist" law enforcement in arresting a specific amount of individuals involved in trafficking drugs within a limited period of time.
However, if you are unable to deliver the specified amount of people, you will be required to serve the applicable minimum-mandatory prison sentence; regardless of how hard you tried to "assist" law enforcement.
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    Fletcher & Brewer, PA
    559 S Commerce Ave
    Sebring, FL 33870
    Phone (863) 385-1565
    Email: wbfletcher@embarqmail.com

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    In Business Since 1978

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