ORLANDO DRUG TRAFFICKING LAWYER

Drug crimes in the State of Florida are some of the most severely punished offenses charged by the government. The legislature has made it illegal to possess, sell, distribute, manufacture, traffic and cultivate certain controlled substances. Criminal Drug Defense Attorney Joe Knape has handled nearly every type of drug crime case and will assert the best defenses available for his clients.

In order to be charged with drug trafficking, you must be in possession of at least the minimum quantity of a controlled substance as specified by Florida Statute 893.135. The minimum amount required to constitute a trafficking charge is dependent upon the controlled substance in your possession. Most trafficking cases arise from cannabis, cocaine, crystal meth and/or oxycodone/oxycontin. But the possession of many other controlled substances can warrant a trafficking charge as well.

Due to the high correlation between drugs and criminal activity, the Florida legislature has made penalties for a drug trafficking crime severe. Trafficking offenses in Florida carry mandatory jail sentences and fines as follows:

According to Florida Statute 893.135(1)(a), the minimum amount of cannabis you must have in your possession to be charged with trafficking is 25 pounds (or 300 plants). Anyone who knowingly sells, purchases, manufactures, delivers, possesses, or brings into the state this amount of cannabis or more commits the 1^st degree felony of “trafficking in cannabis” and faces:

• A minimum prison sentence of 3 years and a $25,000 fine for 25-1999 pounds of cannabis or 300-1999 plants.
• A minimum prison sentence of 7 years and a $50,000 fine for 2000-9999 pounds of cannabis or 2000-9999 plants.
• A minimum prison sentence of 15 years and a $200,000 fine for 10,000+ pounds of cannabis or 10,000+ plants.
• Although Florida law requires these minimum sentences, the judge can impose a maximum sentence of 30 years in prison for any trafficking in cannabis offense.

According to Florida Statute 893.135(1)(b), the minimum amount of cocaine you must have in your possession to be charged with trafficking is 28 grams. Anyone who knowingly sells, purchases, manufactures, delivers, possesses, or brings into the state this amount of cocaine or more commits the 1^st degree felony of “trafficking in cocaine” and faces:

• A minimum prison sentence of 3 years and a $50,000 fine for 28-199 grams of cocaine.
• A minimum prison sentence of 7 years and a $100,000 fine for 200-399 grams of cocaine.
• A minimum prison sentence of 15 years and a $250,000 fine for 400 grams or more of cocaine.
• Although Florida law requires these minimum sentences, the judge can impose a maximum sentence of 30 years in prison for any trafficking in cocaine offense.

According to Florida Statute 893.135(2)(c), the minimum amount of crystal meth you must have in your possession to be charged with trafficking is 14 grams. Anyone who knowingly sells, purchases, manufactures, delivers, possesses, or brings into the state this amount of crystal meth or more commits the 1^st degree felony of “trafficking in amphetamine” and faces:

• A minimum prison sentence of 3 years and a $50,000 fine for 14-27 grams of methamphetamine.
• A minimum prison sentence of 7 years and a $100,000 fine for 28-199 grams of methamphetamine.
• A minimum prison sentence of 15 years and a $250,000 fine for 200 grams or more of methamphetamine.
• Although Florida law requires these minimum sentences, the judge can impose a maximum sentence of 30 years in prison for any trafficking in amphetamine offense.

According to Florida Statute 893.135(1)(c), the minimum amount of oxycodone/oxycontin (or mixture containing oxycodone) you must have in your possession to be charged with trafficking is 4 grams. Anyone who knowingly sells, purchases, manufactures, delivers, possesses, or brings into the state this amount of or more of oxycodone/oxycontin (or mixture containing oxycodone) commits the 1^st degree felony of “trafficking in illegal drugs” and faces:

• A minimum prison sentence of 3 years and a $50,000 fine for 4-13 grams of oxycodone/oxycontin (or mixture containing oxycodone).
• A minimum prison sentence of 15 years and a $100,000 fine for 14-27 grams of oxycodone/oxycontin (or mixture containing oxycodone).
• A minimum prison sentence of 25 years and a $500,000 fine for 28 grams or more of oxycodone/oxycontin (or mixture containing oxycodone).
• Although Florida law requires these minimum sentences, the judge can impose a maximum sentence of 30 years in prison for any trafficking in amphetamine offense.

Penalties for trafficking oxycodone/oxycontin (or mixture containing oxycodone) are more severe due to the easy access of prescription drugs and their propensity to get the user easily addicted.

As an experienced criminal defense attorney, I have an array of potential strategies to argue an effective defense. Your defense will be tailored to the specific facts of your arrest and charges. These potential defenses include:

• Illegal Stop and/or Search – law enforcement must have a constitutional basis for both stopping you in your vehicle or on the street and conducting a search of your person or property. If I find that your stop and search was unconstitutional, anything found during that search becomes inadmissible.
• Invalid Search Warrants – it’s common in cannabis possession cases, especially for cultivation, to include a search warrant. In some cases, a potential mistake made on the warrant results in the search being ruled unconstitutional. I am very experienced at analyzing warrants and identifying defects.
• Type of Drug Possession – dependent upon whether law enforcement finds illegal drugs in your vehicle, on your person, or in your property, there are varying degrees of possession for which the law presumes you have control. In some cases, possession may be difficult to prove. For example, if you are driving another person’s vehicle and law enforcement conducts a search that discovers illegal drugs under your seat, it will be difficult to prove the drugs are yours. They could belong to the driver or a previous passenger.
• Unwitting Drug Possession – someone may have slipped drugs into your backpack, purse, or other property during a traffic stop to avoid being charged with possession themselves. Although you are in possession of the controlled substance, this is an example of an unwitting drug possession.

With a good criminal defense attorney, you may not need to attend your court date. If possible, I will appear in court on your behalf and work diligently to resolve your case—hopefully with a dismissal or an alternative prosecution agreement that may alleviate the need for you to attend court at all.

Call me today at 850-CALL-JOE. I am an experienced and passionate criminal defense attorney who will work hard for you. No case is too small, and your initial consultation is free.