Top-Rated Central Florida Criminal Defense Attorney
At Frost Law, we are committed to defending you on your Trafficking in Heroin case. As a former prosecutor, Attorney Frost prosecuted hundreds of drug trafficking cases. He knows how the prosecution works and will help defend you to the fullest extent possible.
Any drug charge should prompt you to contact a knowledgeable criminal defense lawyer immediately. Even the allegation that you are involved in a drug trafficking charge can have an impact on your future and your reputation. This is even more serious when you are accused of trafficking in heroin.
In Florida, if you knowingly have, sell, buy, make, deliver, or move 4 grams or more of heroin or its derivatives, you’re committing Heroin Trafficking under Florida Statute 893.135(1)(c)(1).
The statute’s language includes the words ‘any mixture,’ meaning that the aggregate weight is calculated to determine whether you can be accused of trafficking.
The total weight of the cocaine mixture is used to determine the weight of the cocaine, regardless of whether it was stepped on, mixed, or cut. Non-active materials that are present in the cocaine are included.
Many times Trafficking in Heroin means that you’re accused of possessing heroin over 4 grams. Understanding the difference between constructive and actual possession is important.
Constructive possession refers to situations in which the heroin was not taken from your pockets on your hands, or within your close reach, but rather in a location that you would have had access to. Constructive possession is more difficult for a prosecutor to accuse and convict you of than actual possession.
Actual possession is much more difficult to refute and is the more straightforward and common type of illegal heroin possession in Florida.
This occurs when the heroin is found in your wallet, hands, pockets, bag, or within your reach. Depending on the amount of heroin in question, you could be looking at 3 years or up to life in prison.
The amount of heroin involved in the offense determines the severity of penalties for heroin trafficking cases. In Florida this crime is considered a First-Degree Felony, with offense severity rankings of Level 8 or 9 under the Criminal Punishment Code. The following penalties are stipulated based on trafficking thresholds:
Mandatory Minimum Sentences
In drug trafficking cases, mandatory minimum sentences act as the sentencing floor, barring judges from imposing sentences below the statutory minimum. While these sentences are eligible for incentive gain time, individuals must serve 85% of the mandatory minimum, provided they maintain good behavior in prison.
Driver License and Professional License Suspension
Upon conviction of Trafficking in Heroin, individuals face additional consequences, including a six-month driver’s license suspension by the Florida DHSMV and emergency suspension of any professional license issued by the state.
In Central Florida, defense strategies play a crucial role in challenging Trafficking in Heroin charges. Common defense tactics include:
Knowledge: One possible defense is lack of knowledge. If the drugs were found near you but you had no awareness of their existence or that the materials were heroin, your Orlando criminal defense lawyer can raise these concerns right away.
Entrapment: The establishment of inducement by law enforcement may result in charges being dismissed.
Illegal Search and Seizure: Challenge law enforcement actions that exceed their authority, leading to evidence suppression and possible case dismissal.
Insufficient Evidence: Challenged by the prosecutor’s ability to demonstrate possession for trafficking through actual or constructive possession.
Substantial Assistance: Substantial help to law enforcement could lead to a reduced or suspended sentence.
To build a strong defense, one must have access to relevant resources, including case law. Below are some resources for further reading on Trafficking in Heroin Charges.
At Frost Law, we are committed to defending you on your Trafficking in Heroin case. As a former prosecutor, Chad Frost prosecuted hundreds of trafficking cases. He knows how the prosecution works and will help defend you to the fullest extent possible.
Florida Statute 893.135
Florida Criminal Punishment Code
Florida Statute 322.055 – Driver License Suspension
Florida Statute 893.11 – Professional License Suspension
The right lawyer can help walk you through your case and identify any evidence that may have been obtained illegally or other actions that officers and authorities made that violated your rights. Identifying this quickly empowers your attorney to do everything necessary to protect you and your rights going forward.
If you fail to take action or make the mistake of thinking that you can represent yourself or hire a public defender, these mistakes made early on in your case may make it all that much easier for the prosecution to obtain a conviction. Given that there is so much on the line for your future, your life and your family, you cannot afford to wait to make a phone call to an experienced criminal defense attorney for heroin trafficking charges in Florida.
The damage to your reputation can be life lasting and the serious prison sentences that apply may make it more difficult for you to live your life afterwards, see your family members or obtain meaningful employment opportunities. For these reasons and more, the right criminal defense attorney in Orlando should be contacted right away before the police attempt to intimidate you into providing further information or submitting to a search without knowing your rights. Talk to an attorney now to get clarity on the charges you are facing as well as the options you have to fight them.
Call today for your Free Consultation. You can reach us 24/7 at (407) 670-5669.
Mandatory minimum sentences act as a sentencing floor, preventing judges from imposing sentences below statutory minimums. In drug trafficking cases, individuals are eligible for incentive gain time.
Substantial assistance involves providing valuable information to law enforcement, leading to the identification, arrest, or conviction of others involved in drug trafficking. The state attorney may request a reduced or suspended sentence based on the assistance provided, as outlined in a “Substantial Assistance Agreement.”
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