Can You Reduce Drug Trafficking Charges?
If you’re facing drug trafficking charges, mounting a solid defense is your top priority. You may find yourself wondering if part of that defense can be arguing for a reduction in drug trafficking charges to a lesser charge. While that may seem like a good idea, your defense attorney will discuss if it is a possibility for your specific case.
In this brief article, a Tampa drug defense lawyer with The Rickman Law Firm shares how to mount a defense for your drug trafficking case including whether it’s possible to reduce drug trafficking charges.
What is Drug Trafficking?
Drug trafficking is the crime of transporting, manufacturing, or illegal import of illegal controlled substances, such as cocaine, marijuana, PCP, methamphetamines, heroin, and LSD. In order for the prosecutor to win a conviction, they must prove that the defendant was knowingly involved in drug trafficking activities. First, the prosecutor must prove that the defendant intended either to bring the drugs into the state of Florida or engage in drug trafficking. Then they must show that the seized materials are, in fact, controlled substances as defined by Florida state laws.
Generally speaking, controlled substances are illegal drugs with the capacity to have a harmful effect on a person’s health or welfare. Controlled substances are broken down into five categories under the Controlled Substances Act of 1970:
- Schedule I: Ecstasy, LSD, heroin, and marijuana
- Schedule II: Cocaine and methamphetamine
- Schedule III: Anabolic steroids, ketamine, testosterone
- Schedule IV: Ambien, Xanax, and Valium
- Schedule V: Lyrica and cough suppressants
Possible Defenses for Drug Trafficking
There are a few possible defenses for drug trafficking which you may want to consider:
- Unlawful search and seizure: The arresting officer did not have the right to search you or your person.
- Entrapment: You might find yourself being tricked, coerced, or set up during a sting operation.
- Insufficient evidence: The burden of proof lies on the prosecution, and if they do not have evidence the case may be thrown out.
- Your Miranda Rights were not read: Your rights must be clearly stated during any arrest, regardless of the charges.
Can a Drug Trafficking Defense Attorney in Tampa Reduce Your Charges?
In order to prove drug trafficking, prosecution only needs to prove that the defendant possessed a certain amount of a controlled substance defined by Florida Statute 893.135, which is different for each drug. The court may agree to forgo minimum mandatory sentences, however.
To understand the best defense for your case, a Tampa drug trafficking defense attorney with The Rickman Law Firm can help. We will discuss and negotiate matters with the State Attorney’s Office and will help you understand your rights during the process.
For a free consultation with a drug trafficking defense attorney in Tampa, please contact The Rickman Law Firm today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.