As a Fort Lauderdale criminal protection attorney, I actually have acquired dozens of smartphone calls from individuals whose family members have been these days arrested for Trafficking in Oxycodone or in Hydrocodone in Florida. Inevitably, each man or woman asks the equal three questions:
1. (My brother) takes oxycodone (or hydrocodone) to alleviate returned pain. He became most effective arrested with some pills. How can he be charged with “Trafficking?”
2. Is the minimal penalty for Trafficking in Oxycodone or Trafficking in Hydrocodone truly 3 (3) years in jail? And
three. Why is (my brother) being held on this sort of high bond?
Florida Statute 893.One hundred thirty five(1)(c) reads in part: Any person who knowingly sells, purchases, manufactures, can provide, or brings into this state, or is knowingly in ACTUAL OR CONSTRUCTIVE POSSESSION of 4 (four) grams of extra of oxycodone or hydrocodone or 4 (4) grams or extra of ANY MIXTURE CONTAINING oxycodone or hydrocodone commits a criminal of the primary degree punishable through up to thirty years in prison.
If the quantity concerned:
1. Is 4 (four) grams or more, but less than fourteen (14) grams, such man or woman will be sentenced to a obligatory time period of imprisonment of 3 (3) years, and the defendant will be ordered to pay a satisfactory of fifty thousand dollars ($50,000.00).
2. Is fourteen (14) grams or extra, but much less than twenty-8 (28) grams, such person will be sentenced to a mandatory time period of imprisonment of fifteen (15) years, and the defendant shall be ordered to pay a first-class of one hundred thousand bucks ($one hundred,000.00).
Three. Is twenty-eight (28) grams or extra, but less than thirty (30) kilograms, such character will be sentenced to a obligatory time period of imprisonment of twenty-five (25) years, and the defendant shall be ordered to pay a quality of 5-hundred thousand greenbacks ($500,000.00).
The Florida Legislature unique any individual in possession of 4 (four) grams or more of oxycodone or hydrocodone OR four (4) grams or extra of any aggregate containing oxycodone or hydrocodone responsible of trafficking in pills, no matter whether the character changed into the usage of oxycodone or hydrocodone for his or her very own non-public use. The crook price is primarily based upon the TOTAL WEIGHT of the drugs, even though every pill in all likelihood incorporates each unlawful and felony substances (i.E. Acetaminophen). For instance, if one (1) “Lortab” pill weighs 650 mg (although it most effective includes ten (10) mg of hydrocodone), then seven (7) “Lortab” pills constitutes trafficking (650 mg x 7 pills = 4.6 grams).
Trafficking or Possession expenses may be prevented or decreased, but, if the arrestee can show that the particular drug seized by means of regulation enforcement become lawfully obtained from a practitioner or pursuant to legitimate prescription. Oftentimes, upon a crook protection attorney’s request, the State Attorney’s Office will ask their chemist to examine the milligrams of the drug and ID numbers engraved on the drug with the milligrams indexed on the prescription and the ID numbers of the drugstore that disbursed the prescription to make sure an specific suit. Accordingly, people arrested with “black market” drugs or pills obtained from friends or buddies will no longer be able to prove that the tablets have been lawfully acquired, although the character has a legitimate prescription for the same drug. Additionally, even an person is self-medicating Oxycodone or Hydrocodone for a legitimate damage, the State of Florida does not deem this “excuse” as a legitimate defense.
The trendy bond for trafficking in tablets is usually inside the loads of lots of greenbacks, or at the least comparable to the nice required beneath the relevant trafficking statute. Oftentimes, an skilled criminal protection attorney can negotiate decreased bond situations with the State Attorney’s Office or record a Motion to Reduce Bond with the Court