Florida has one of the toughest set of laws to fight drug trafficking and possession. When someone is accused of a Trafficking in Oxycodone in Florida they can be charged with violating federal or state laws or both. The Florida State criminal penalties are much tougher than the Federal sanctions.
Florida lawmakers have defined drug traffickers to include those in possession of a minimum quantity of the controlled substance. This means that law enforcement officials and the prosecution do not have to prove an intent to sell or an actual sale to convict a person of drug trafficking. Mere possession of the drug in the specified quantities can trigger mandatory prison terms and fines. This is further compounded by the fact that Florida law does not distinguish between a drug mixture and its pure form when considering the weight of the controlled substance.
In order to defend a person accused of trafficking in drugs or controlled substances your Drug Trafficking Attorney will first examine if the police acted lawfully in obtaining the evidence. If the evidence was obtained without following due procedure, the defense can move for the evidence to be declared inadmissible, thereby weakening the prosecution’s case.
The defense lawyers can also examine the evidence regarding the weight of the controlled substance. For instance, hydration can increase its weight and cause the charge to become one of trafficking instead of the lesser one of possession.
In case the arrested person wants to provide substantial assistance to law enforcement authorities for a lower penalty they still need a defense lawyer to assist them. This is because only the prosecutor has the authority to negotiate a substantial assistance agreement, not the police officers. Additionally, unless the agreement is a written contract, the arrested person might not obtain the lower sentence sought.
The defense lawyer will also explain the full implications of the agreement to provide substantial assistance. In most cases, the prosecutor will not be satisfied with just a list of names. Instead, the accused might be expected to lead the police to the dealer or wear a wiretap.
ProsecutionIn Florida, the prosecution can prove a drug trafficking case if they prove the accused was in possession of the controlled substance over the prescribed limit. However, the prosecution also has to prove that the possession was willful and deliberate in order to obtain a conviction. Besides, the prosecution’s case can be challenged on legal grounds if the arrest was not made with all legal safeguards.
William Moore is a veteran BrowardCriminal Defense Lawyer with over 200 criminal jury trials under his belt. Remember, if you are looking for competent representation, always consider an attorney’s past history and experience before deciding.