Top-Rated Central Florida Criminal Defense Attorney
A conviction of drug trafficking in cocaine can have serious consequences, impacting almost every area of your life. It’s crucial to have an experienced criminal defense attorney on your side to help protect what matters most. As a former prosecutor, Attorney Frost knows how the Sate prosecutes cases and can help design a defense strategy to help you achieve the best possible outcome for your case.
Being accused of trafficking in cocaine is a serious matter, and you should strongly consider exercising your right to remain silent and speaking to an attorney right away. A lawyer can help you navigate the complicated legal process that frequently follows criminal charges.
Florida Statute 893.135(1)(b) defines Trafficking in Cocaine as knowingly possessing, selling, purchasing, manufacturing, delivering, or transporting 28 grams or more of cocaine.
Trafficking in cocaine is a felony that can lead to a minimum of three years in prison. The minimum amount of cocaine considered trafficking is 28 grams. If you are found guilty of this crime, you could face up to 30 years in prison.
Trafficking in Cocaine is a serious offense in Florida, classified as a First-Degree Felony under Florida Statute 893.135(1)(b). This crime encompasses various actions, including possession, sale, purchase, manufacture, delivery, or transportation of 28 grams or more of cocaine. The penalties for Trafficking in Cocaine are severe, involving mandatory minimum prison sentences and substantial fines, depending on the quantity of cocaine involved.
The legal language of the statute includes the words ‘any mixture,’ meaning that the aggregate weight is what is ultimately calculated to determine whether you can be accused of trafficking in cocaine.
The total cocaine mixture weight clarifies trafficking weight, whether it is stepped on, mixed, or cut. This includes any non-active materials in the cocaine. For example, because of this, a person could have 14 grams of cocaine while the actual combined dosage includes less than 4 grams of cocaine. Still, because the cocaine weighs more than 28 grams total in the mixture, an individual could be charged with trafficking in cocaine rather than being charged with cocaine possession.
You are most likely to be unaware of this if you have never been arrested for a drug charge before and may minimize the potential consequences of such a conviction as a result. This can be a catastrophic mistake that can affect your freedom and more. Identifying an Orlando criminal defense attorney with extensive experience in this field is your best defense to protecting yourself.
If you have been accused of any cocaine charge in Florida, it is important to realize there is a clear difference between actual and constructive possession of cocaine. Actual possession means that cocaine was identified in your immediate control or on your person. If the cocaine was found if more than one individual had control or access, the prosecutor must illustrate that you have constructive possession by showing:
The penalties for Trafficking in Cocaine can be wide-ranging and impact many areas of your life.
Trafficking in Cocaine is categorized as a First-Degree Felony, with offense severity rankings of Level 8 or Level 9 under Florida’s Criminal Punishment Code. Mandatory minimum sentences apply:
Mandatory Minimum Sentences:
In drug trafficking cases, mandatory minimum sentences act as the sentencing floor, preventing judges from sentencing below the statutory requirements. Yet these sentences are eligible for incentive gain time, allowing individuals to serve 85% of the mandatory minimum sentence if they comply with prison regulations.
Driver License Suspension:
If you are convicted of trafficking cocaine, the Florida DHSMV will suspend the offender’s driver’s license or driving privilege for six months, as per Florida Statute 322.055. This can make gaining employment much more difficult or getting where you need to go.
Professional License Suspension:
If you have a professional license that has been issued in Florida that authorizes practicing a profession or a trade. Many people depend on these licenses for their livelihood, so it is just as important to consider these administrative penalties and those associated with jail. Under Florida Statute 893.11, individuals convicted of Trafficking in Cocaine may face the emergency suspension of their professional license.
A pre-trial defense is crucial for your ability to avoid these harsh charges. Many of the defenses that are typically available in an ordinary drug possession case may also be available to your Orlando criminal defense lawyer. Your attorney is your asset when you have been accused. Some of the common defenses we employ include:
Entrapment: Law Enforcement cannot induce you to commit a crime you otherwise would not have committed.
Illegal Search and Seizure: Challenging searches conducted without proper authority, potentially resulting in the suppression of evidence and case dismissal.
Insufficient Evidence: To establish possession, the evidence must be proven beyond a reasonable doubt, regardless of whether it is actual or constructive.
Substantial Assistance: Providing law enforcement with substantial assistance, while not a defense, may result in reduced or suspended sentences.
An experienced Orlando criminal defense attorney can assist you when you have been accused of drug trafficking involving cocaine. The serious consequences associated with a cocaine trafficking charge should prompt you to schedule a consultation immediately after being accused.
When the police press you to provide more information in your case, ask for your lawyer. Make sure you have an attorney who is willing to look into your case and provide you with detailed information about the possible impact on your future.
Attorney Frost can put his experience as a former drug crimes prosecutor to work for you. Contact Frost Law at (407) 670-5569 today for a FREE consultation and review of your case by an experienced criminal defense attorney.
Trafficking involves knowingly possessing, selling, purchasing, manufacturing, delivering, or transporting 28 grams or more of cocaine.
Frost Law is a full-service law firm that focuses on Criminal Defense, DUI, Estate planning, Wills, Trusts & Asset Protection and Probate. Our Estate Planning options ensure that you have a comprehensive and effective plan in place for you and your loved ones.
Serving Orange County, Lake County, Seminole County, Osceola County, Brevard County & Polk County