As a Fort Lauderdale criminal defense attorney, I have received dozens of telephone calls from individuals whose own family contributors have been currently arrested for Trafficking in Oxycodone or in Hydrocodone in Florida. Inevitably, each character asks the same three questions:
- (My brother) takes oxycodone (or hydrocodone) to alleviate backache. He became the simplest arrested with a few pills. How can he be charged with “Trafficking?”
- Is the minimal penalty for Trafficking in Oxycodone or Trafficking in Hydrocodone actually three (three) years in prison? And
- Why is (my brother) being hung on this sort of high bond?
Florida Statute 893. One hundred thirty five(1)(c) reads in element: Any man or woman who knowingly sells, purchases, manufactures, grants, or brings into this state, or is knowingly in ACTUAL OR CONSTRUCTIVE POSSESSION of four (4) grams of extra of oxycodone or Buy Hydrocodone Online or four (four) grams or extra of ANY MIXTURE CONTAINING oxycodone or hydrocodone commits a criminal of the primary degree punishable through as much as thirty years in jail.
If the amount worried:
Is 4 (four) grams or greater, but less than fourteen (14) grams, such character will be sentenced to a mandatory term of imprisonment of 3 (three) years, and the defendant shall be ordered to pay a pleasant of 50 thousand greenbacks ($50,000.00).
Is fourteen (14) grams or more, however less than twenty-eight (28) grams, such person will be sentenced to a mandatory time period of imprisonment of fifteen (15) years, and the defendant will be ordered to pay an excellent of 100 thousand greenbacks ($a hundred,000.00).
Is twenty-8 (28) grams or extra, but less than thirty (30) kilograms, such man or woman will be sentenced to a mandatory term 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 ownership of four (four) grams or greater of oxycodone or hydrocodone OR four (4) grams or more of any mixture containing oxycodone or hydrocodone responsible of trafficking in capsules, no matter whether or not the character was using oxycodone or hydrocodone for his or her personal private use. The crook fee is based totally upon the TOTAL WEIGHT of the medicine, despite the fact that each tablet probable carries both illegal and criminal materials (i.E. Acetaminophen). For instance, if one (1) “Lortab” pill weighs 650 mg (even though it simplest carries ten (10) mg of hydrocodone), then seven (7) “Lortab” pills constitute trafficking (650 mg x 7 pills = four.6 grams).
Trafficking or Possession prices can be prevented or decreased, however, if the arrestee can display that the specific drug seized by regulation enforcement became lawfully acquired from a practitioner or pursuant to a valid prescription. Oftentimes, upon a criminal defense attorney’s request, the State Attorney’s Office will ask their chemist to compare the milligrams of the drug and ID numbers engraved on the drug with the milligrams listed on the prescription and the ID numbers of the pharmacy that dispensed the prescription to make sure a precise fit. Accordingly, individuals arrested with “black marketplace” pills or drugs acquired from friends or friends will now not be able to show that the capsules had been lawfully obtained, despite the fact that the individual has a legitimate prescription for the identical drug. Additionally, even a character is self-medicating Oxycodone or Hydrocodone for legitimate damage, the State of Florida does not deem this “excuse” as legitimate protection.
The well-known bond for trafficking in drugs is normally in the hundreds of lots of greenbacks, or at the least akin to the high-quality required below the relevant trafficking statute. Oftentimes, an experienced crook defense legal professional can negotiate decreased bond situations with the State Attorney’s Office or report a Motion to Reduce Bond with the Court.
In the event, you or a member of the family is arrested for Trafficking in Oxycodone or Trafficking in Hydrocodone, straight away touch an experienced criminal defense attorney. As referred to formerly, the crime of Trafficking in Oxycodone or Trafficking in Hydrocodone consists of a minimal obligatory jail sentence. A minimum obligatory prison sentence method that the Judge can’t waive the prison sentence (barring surely limited exceptions); most effective the State Attorney’s Office can waive the prison sentence.
The writer Philip M. Snyder is a founding accomplice of Lyons, Snyder & Collin, P.A. In Fort Lauderdale, Florida. Fort Lauderdale crook defense legal professional Philip M. Snyder handles all crook protection subjects along with drug trafficking, economic crime, domestic violence, and riding at the same time as underneath the influence. Fort Lauderdale private injury legal professional Marc P. Lyons handles all non-public damage instances, such as vehicle injuries, wrongful dying and slip, and fall
Fort Lauderdale family law lawyer, Sean L. Collin, handles all family law troubles together with divorce, baby custody, and alimony.
The writer Philip M. Snyder is a founding associate of Lyons, Snyder & Collin, P.A. In Fort Lauderdale, Florida. Fort Lauderdale criminal defense lawyer Philip M. Snyder handles all crook defense subjects which includes drug trafficking, monetary crime, home violence, and using at the same time as underneath the have an impact on. Fort Lauderdale private damage lawyer Marc P. Lyons handles all non-public harm instances, inclusive of car accidents, wrongful demise and slip and fall