Drug Charges

Florida Drug Charges:

One of the most common offices in our criminal Justice system are drug related offense. If you have been arrested for selling, purchasing, manufacturing, delivering, or possessing an illegal drug, there are many defenses that are available to you. When reviewing your case, we start from the time of the original police encounter and move to the time of arrest to determine if any portion of the police action was unlawful. An officer can only search a person pursuant to a protective sweep, in an exigent or emergency situation, incident to an arrest, with your consent, in hot pursuit, to conduct an inventory search, or in the course of a pat down or frisk. If your police encounter was unlawful, then any evidence obtained after the unlawful action can not be used against you. Questions that you should ask are:

The Police Encounter

• Was your contact with the officer a result of a citizen encounter?
A citizen encounter occurs when an officer encounters a citizen and the citizen feels free to go, but chooses to remain. Whether or not you felt free to leave will be based on a reasonable person standard and circumstances such as the language or tone of the officer’s voice, whether the officer blocked your path or movement, the number of officers, and whether the officer was in uniform will be considered.
• Was your contact with the officer a result of a an illegal stop?
If so, then the officer must have had a reasonable suspicion that you were or were about to be involved in criminal activity. Any search done at this point should be limited to a protective frisk to ensure that you were not carrying any weapons. If there were no objective circumstances to give the officer the reasonable suspicion that he needed to stop or frisk you, then the stop could be unlawful.
• Was your contact with the officer an investigatory detention?
An investigatory detention occurs when an officer stops a person and temporarily detains them. The length of the detention must be reasonable. The investigating officer needed to have reasonable suspicion “plus” of impeding or past criminal activity. Our attorneys will review the officer’s reasoning to ensure that it is based on object beliefs and circumstances.
• Was the contraband found subsequent to an arrest?
Once you are arrested (for any criminal offense), a police officer has the right to search you and your immediate person, including your vehicle. If contraband is found throughout this search than you can be charged for possession (or trafficking depending on the amount) in addition to your original arrest that prompted the search. However, if the officer lacked probable to arrest you in the first place then any evidence yielded from the subsequent search can not be used against you.
• Was the contraband found during the execution of a search warrant?
If so, there are many different factors that can be explored. Initially, the warrant needs to be reviewed to see whether the information that supported the warrant’s issuance was stale. Secondly, the scope of the search needs to be reviewed, i.e. was the contraband found in the location that the search warrant was issued for, or was contraband found in containers that were not reasonably likely to contain what the warrant authorized to search for. Finally, we explore whether the warrant was executed properly, i.e. did the officers knock and announce their presence as required, was it executed within 10 days of issuance.

 

The Arrest

• Where Miranda rights read to you prior to any questioning?
Once you are placed under arrest, your Miranda rights must be read to you before you are asked any questions. If they were not read to you, then any statements that you made after you were arrested can not be used against you.
• During questioning did you ever invoke a right to a lawyer?
If you exercised your right to speak to an attorney then any questions that were posed to you after you invoked your right were improper and should not have been asked. Any statements made in response to these questions were improper.
• Did you feel coerced or threatened into making a statement?
Consent that is the product of official intimidation or harassment is not consent at all and citizens do not forfeit their constitutional rights when they are coerced to comply with a request that they would prefer to refuse. If your consent to search resulted from coercion or intimidation, all of the circumstances surrounding the encounter must be considered in ascertaining the voluntariness of the consent, to determine whether police conduct would have communicated to a reasonable person that he was not free to decline the officer’s request or otherwise terminate the encounter. Evidence of coercion may be found from a prolonged detention, a statement that you are free to leave if you consent to a search, a threat to obtain a search warrant if you did not consent to the search, especially when the police lack probable cause or sufficient evidence for such warrant, an implied promise that defendant would not be prosecuted, or a repeated requests for consent.

The States burden of proof

• Can the state prove possession?
In order to prove possession, the state must prove that the person had either actual or constructive possession. To prove actual possession, the state must prove that you had knowledge of the presence of contraband and had the ability to maintain control over it or reduce it to possession. In order to prove constructive possession the state needs to prove that the contraband was found in your ready reach and was within your exclusive personal control and access. Depending on the factual circumstance, i.e. where the contraband was found or if more than one person was with you when the contraband was found, there are many different defenses that can be used to negate possession.
• Is there a confidential informant involved?
If you were arrested in conjunction with the State’s use of a confidential informant there are many inquiries that need to be made. Questions that should be asked are: Was the CI paid compensation for his or her services? Was the CI attempting to reduce his or her own sentence? Was there a conflict of interest between the CI and yourself? What evidence is there of the reliability of the CI? Is this the first case that the CI has worked on or has he or she done several?
• Was the weight of the drugs the correct?
The amount of contraband that you are found with is imperative to your arrest. A gram can make the difference between possession or trafficking charges. It is always important to weight the contraband with a scale that is independent from the law enforcement department.

 

If you have been accused of a Drug Crime in State or Federal Court DO NOT DELAY, contact Anthony Rickman at The Rickman Law Firm for a free consultation.

 

Drug Possession:

The crime of possession of an illegal drugs applies to the possession of illegal substances and also legal substances if the person possessing the drug does not have a valid prescription. Possession illegal drugs such as cocaine, heroin, methamphetamine, and the possession of a controlled substance without a valid prescription such as Xanax, Roxicodone, Hydrocodone, Oxycodone, Soma, is a felony punishable by up to 5 years in prison and 5 years of drug offender probation.

If you have been arrested or accused of possession of an illegal or controlled substance it is important to contact an experienced attorney to fight against these auctions. Often times individuals are arrested for drug possession as a result of an illegal search, seizure, or traffic stop. When reviewing your case, we start from the time of the original police encounter and move to the time of arrest to determine if any portion of the police action was unlawful. An officer can only search a person pursuant to a protective sweep, in an exigent or emergency situation, incident to an arrest, with your consent, in hot pursuit, to conduct an inventory search, or in the course of a pat down or frisk. If your police encounter was unlawful, then any evidence obtained after the unlawful action can not be used against you.

In order to prove possession of drugs the State of Florida must prove that you either (1) actually possessed the drug or (2) constructively possessed the drug. To prove constructive possession the state will have to establish that you had (1) dominion and control over it (2) knowledge of its presences and (3) knowledge that it was marijuana. If the State cannot prove that you possessed the marijuana your charge nay be dismissed.

If you have been arrested for possession of a controlled substance or possession of an illegal drug contact Anthony Rickman for a free consultation.

DRUG TRAFFICKING:

If you have been arrested or accused of Drug Trafficking it is important that you contact an experienced and skilled defense attorney as soon as possible. Even though you have been arrested and accused of Trafficking by law enforcement, it is likely that the State or Federal Prosecutors have not reviewed your case and not immediately decided to pursue the charges against you. Attorney Anthony Rickman will work with you and the government in an effort to drop or reduce the charges against you before they are formally filed.  If the State or Federal Government has charged you with Drug Trafficking who better to represent you against these allegations in than a former prosecutors with experience in Federal and State Court.

Please visit one of our several websites to review our experience and case results or call us for a free consultation.

Drug Trafficking cases in Florida are punishable by very serious minimum mandatory penalties. A minimum mandatory sentence means that, if convicted, the Judge is required to sentence you to a specified term of prison even if you have no prior record or sentencing guidelines are far below the minimum mandatory sentence.

In Florida State Court, Florida statute 893.135 dictates the minimum mandatory sentences listed below:

Cannabis (Marijuana)

25+ pounds but less than 2,000 pounds (or 300 or more plants) = 3 year minimum mandatory sentence.

2,000+ pounds but less than 10,000 pounds (or 2,000 or more plants) = 7 year minimum mandatory sentence.

10,000+ pounds = 15 year minimum mandatory sentence.

Cocaine

28 grams to 200 grams = 3 year minimum mandatory sentence.

200 grams to 400 grams = 7 year minimum mandatory sentence.

400 grams to 150 kilograms = 15 year minimum mandatory sentence.

150+ kilograms = life sentence.

Oxycodone, Hydrocodine, Morphine, Opium and Hydromorphone

4 grams to 14 grams = 3 year minimum mandatory sentence.

14 grams to 28 grams = 15 year minimum mandatory sentence.

28 grams to 30 kilograms = 25 year minimum mandatory sentence.

30+ kilograms = life sentence.

Amphetamine and Methamphetamine (Crystal Meth)

14 grams to 28 grams = 3 year minimum mandatory sentence.

28 grams to 200 grams = 7 year minimum mandatory sentence.

200+ grams = 15 year minimum mandatory sentence.

The United States Government in Federal Courts also enforce minimum mandatory sentences for controlled substances, and are governed by United States Code (U.S.C.) 18 § 841. Please contact us to discuss the complex Federal Sentencing guidelines with your offense level, criminal history category, and minimum mandatory.

DEFENSES

Unlawful Search and Seizure:

In Trafficking cases, law enforcement gathers most evidence through “search and seizure” that is based often times usually on provable cause to search or a search warrant. The United states Constitution protects against unlawful and unreasonable searches and seizures. Therefore, any illegally obtained evidence gathered as a result of an unlawful search can not be used against you. These “search and seizure” challenges may raised as a result of an unlawful traffic stop of your vehicle, the illegal search of you your home or your vehicle without probable cause, an illegal or invalid warrant, and a search without a lawful consent. If you feel you were illegally stopped or searched an experienced criminal defense attorney must make a challenge in court and fight to have the evidence and/or your case thrown out.

Constructive Possession:

To prove Trafficking, the Government must first prove that you had either actual or constructive possession of the drug. To prove constructive possession the Government must show that you had knowledge that the drug was there, knowledge that the substance there was a drug and the ability to have “dominion and control” over the drug. What that means is that simply being around or near the drug when it was discovered does not mean that you possessed it. Often times when a person makes no admission in relation to the drug that was found or invokes their Miranda rights the Government cannot prove that you “possessed” the drug.

Violation of 5th Amendment (Client was not read his Miranda Rights):

If you were arrested or detained by law enforcement, prior to them questioning you they were required to read you “your rights”. If an officer failed to advise you of your Miranda Rights prior to questioning or threatened or coerced you into answering a question or consenting to a search it is possible to get that search or your statements thrown out.

Other Defenses:

Depending on the facts of your cased there may be other defenses to a charge of drug trafficking. Other defense to drug trafficking cases could be that you were set up by law enforcement and thus may raise a claim of entrapment, or that the confidential informant or the Government witnesses lack credibility and have a criminal records or a history of issues with trustworthiness and reliability.

Attorney Anthony Rickman will review your and use the skills that they learned as prosecutors and perfected as defense attorneys to look for and put forth all available defenses in an effort to have your charges dismissed.

DRUG TRAFFICKING LAWS

TRAFFICKING IN CANNABIS

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of CANNABIS, or 300 or more CANNABIS plants, commits a felony of the first degree. If the quantity of CANNABIS involved:

1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more CANNABIS plants, but not more than 2,000 CANNABIS plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000.
2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more CANNABIS plants, but not more than 10,000 CANNABIS plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $50,000.
3. Is 10,000 pounds or more, or is 10,000 or more CANNABIS plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.

For the purpose of this paragraph, a plant, including, but not limited to, a seedling or cutting, is a “CANNABIS plant” if it has some readily observable evidence of root formation, such as root hairs. To determine if a piece or part of a CANNABIS plant severed from the CANNABIS plant is itself a CANNABIS plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. The viability and sex of a plant and the fact that the plant may or may not be a dead harvested plant are not relevant in determining if the plant is a “CANNABIS plant” or in the charging of an offense under this paragraph. Upon conviction, the court shall impose the longest term of imprisonment provided for in this paragraph.

TRAFFICKING IN HEROIN

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE, or any salt, derivative, isomer, or salt of an isomer thereof, including HERION, or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree. If the quantity involved:

1. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
2. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $100,000.
3. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release. However, if the court determines that, in addition to committing any act specified in this paragraph:

1. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
2. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result, such person commits the capital felony of trafficking in illegal drugs. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

Any person who knowingly brings into this state 60 kilograms or more of any MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE, or any salt, derivative, isomer, or salt of an isomer thereof, including HEROIN, or 60 kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of any person, commits capital importation of illegal drugs, a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

FLUNITRAZEPAM (ROHYPNOL- “RUFFIES”)

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of flunitrazepam or any mixture containing flunitrazepam commits a felony of the first degree. If the quantity involved:

1. Is 4 grams or more but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
2. Is 14 grams or more but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
3. Is 28 grams or more but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state or who is knowingly in actual or constructive possession of 30 kilograms or more of flunitrazepam or any mixture containing flunitrazepam commits the first degree felony of trafficking in flunitrazepam. A person who has been convicted of the first degree felony of trafficking in flunitrazepam under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release. However, if the court determines that, in addition to committing any act specified in this paragraph:

1. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
2. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result, such person commits the capital felony of trafficking in flunitrazepam. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

TRAFFICKING GAMMA-HYDROXYBUTYRIC ACID (GHB)

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-hydroxybutyric acid (GHB), or any mixture containing gamma-hydroxybutyric acid (GHB), commits a felony of the first degree. If the quantity involved:

1. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
2. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
3. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

Any person who knowingly manufactures or brings into this state 150 kilograms or more of gamma-hydroxybutyric acid (GHB), or any mixture containing gamma-hydroxybutyric acid (GHB), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma- hydroxybutyric acid (GHB), a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

METHYLENEDIOXYMETHAMPHETAMINE (MDMA- “METH”)

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 10 grams or more of any of the following substances:

1. 3,4-Methylenedioxymethamphetamine (MDMA);
2. 4-Bromo-2,5-dimethoxyamphetamine;
3. 4-Bromo-2,5-dimethoxyphenethylamine;
4. 2,5-Dimethoxyamphetamine;
5. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
6. N-ethylamphetamine;
7. N-Hydroxy-3,4-methylenedioxyamphetamine;
8. 5-Methoxy-3,4-methylenedioxyamphetamine;
9. 4-methoxyamphetamine;
10. 4-methoxymethamphetamine;
11. 4-Methyl-2,5-dimethoxyamphetamine;
12. 3,4-Methylenedioxy-N-ethylamphetamine;
13. 3,4-Methylenedioxyamphetamine;
14. N,N-dimethylamphetamine; or
15. 3,4,5-Trimethoxyamphetamine,

individually or in any combination of or any mixture containing any substance listed in sub-subparagraphs a.-o., commits a felony of the first degree, which felony shall be known as “trafficking in Phenethylamines”.

If the quantity involved:

1. Is 10 grams or more but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
2. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
3. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
4. Any person who knowingly manufactures or brings into this state 30 kilograms or more of any of the following substances:
5. 3,4-Methylenedioxymethamphetamine (MDMA);
6. 4-Bromo-2,5-dimethoxyamphetamine;
7. 4-Bromo-2,5-dimethoxyphenethylamine;
8. 2,5-Dimethoxyamphetamine;
9. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
10. N-ethylamphetamine;
11. N-Hydroxy-3,4-methylenedioxyamphetamine;
12. 5-Methoxy-3,4-methylenedioxyamphetamine;
13. 4-methoxyamphetamine;
14. 4-methoxymethamphetamine;
15. 4-Methyl-2,5-dimethoxyamphetamine;
16. 3,4-Methylenedioxy-N-ethylamphetamine;
17. 3,4-Methylenedioxyamphetamine;
18. N,N-dimethylamphetamine; or
19. 3,4,5-Trimethoxyamphetamine,

individually or in any combination of or any mixture containing any substance listed in sub-subparagraphs a.-o., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of Phenethylamines, a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

TRAFFICKING IN COCAINE

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of COCAINE, or of any mixture containing COCAINE, but less than 150 kilograms of COCAINE or any such mixture, commits a felony of the first degree. If the quantity involved:

1. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
2. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
3. Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of COCAINE, commits the first degree felony of trafficking in COCAINE. A person who has been convicted of the first degree felony of trafficking in COCAINE shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release. However, if the court determines that, in addition to committing any act specified in this paragraph:

1. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
2. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,

such person commits the capital felony of trafficking in COCAINE. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

Any person who knowingly brings into this state 300 kilograms or more of COCAINE, and who knows that the probable result of such importation would be the death of any person, commits capital importation of COCAINE, a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

TRAFFICKING IN MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE, or any salt, derivative, isomer, or salt of an isomer thereof, including HERION, or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree. If the quantity involved:

1. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
2. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $100,000.
3. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release. However, if the court determines that, in addition to committing any act specified in this paragraph:

1. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
2. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,

such person commits the capital felony of trafficking in illegal drugs. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

Any person who knowingly brings into this state 60 kilograms or more of any MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE, or any salt, derivative, isomer, or salt of an isomer thereof, including HEROIN, or 60 kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of any person, commits capital importation of illegal drugs, a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

TRAFFICKING IN AMPHETAMINES AND METHAMPHETAMINES

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of amphetamine, or methamphetamine, or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine, commits a felony of the first degree. If the quantity involved:

1. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
2. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
3. Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

Any person who knowingly manufactures or brings into this state 400 grams or more of amphetamine, or methamphetamine, or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment used in the manufacture of amphetamine or methamphetamine, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of amphetamine, a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

CRIMINAL AND CIVIL FORFEITURES

When a person has been arrested for drug trafficking, the government may initiate a forfeiture action against the person or property. Criminal forfeiture is a punitive measure taken against a defendant after a conviction, where, as a part of the sentence, the government seizes property that more likely than not was obtained as a result of the crime. By contrast, civil forfeiture actions allow property to be seized, even without a criminal conviction, if the government proves by a preponderance of the evidence that the property was obtained from unlawful activity. Not surprisingly, the majority of forfeitures pursued by the government are civil. You usually only have 15 DAYS to challenge the seizure or forfeiture of cash or property.

Marijuana Offense

Despite the current trend to decriminalize Marijuana; possession, sale, manufacturing, and delivery of marijuana is still illegal in the State of Florida. If you have been arrested for possession of marijuana the type of charge you face could depend of the weight of the marijuana you posses, the way the marijuana was packaged and whether you were selling delivering, or growing the marijuana. Additionally, if you are convicted of possession of marijuana your Florida License will be suspended. If you have been charged with any of the following marijuana related crimes contact The Rickman Law Firm for a Free Consultation.

Possession of Marijuana:

The crime of possession of marijuana less than 20 grams is a first degree misdemeanor punishable by up to one year in the county jail and up to one year of probation. Possession of more than 20 grams of Marijuana is a felony which is punishable by up to five years in prison and 5 years of probation. If convicted you will lose your license for one year.

In order to prove possession of marijuana the State of Florida must prove that you either (1) actually possessed the drug or (2) constructively possessed the drug. To prove constructive possession the state will have to establish that you had (1) dominion and control over it (2) knowledge of its presences and (3) knowledge that it was marijuana. If the State cannot prove that you possessed the marijuana your charge nay be dismissed.

Often times a possession of marijuana charge comes as a result of n illegal search or seizure by law enforcement. These seizures can occur if your vehicle was illegally stopped, you unlawfully searched, or you were questioned without being advised of your Miranda rights.

Possession with intent to Sell/Delivery of Marijuana:

Sale or delivery of Cannabis is a Third Degree Felony punishable by up to 5 years in prison and 5 years of probation. No matter how much the marijuana weighs, it is still a felony to sell or delivery cannabis. Often times defendants are charged with possession with intent to sell cannabis based on how the drug us carried or packaged. You should know that the mere fact that the marijuana may have been individually packaged does not mean you are guilty of possession with intent to sell. Also the mere weight of the package in and of itself will not subject you a conviction for possession with intent to sell.

Cultivation of Marijuana:

The Crime of cultivation of Marijuana is committed when a person grows or cultivates cannabis. It is important to note that Florida Law provides that possession of 25 plants or less suggests personal use. However; if you possess more than 25 plants there would be sufficient evidence to suggest your intent to sell or distribute the drug. Cultivation of Cannabis is a third degree felony punishable by up to 5 years in Prison and 5 years of probation.

Operating a Marijuana Grow House:

Under Florida Law it is illegal to own, rent, or lease a home, structure, trailer, or conveyance used for growing, trafficking or selling marijuana. The charges filed against you may depend on your relationship to the home, the number of plants and the total weight of all the plants.

• If you are convicted of operating a grow house with over 25 pounds but less than 2000 pounds, but no mote than 2,000 plants you face a minimum mandatory sentence of 3 years in prison
• If convicted of possession of over 2,000 pounds but less than 10,0000 pounds, or 2,000 plant to 10,000 plant you face a mandatory prison sentence of at least 7 years.
• If you are convicted of operating a grow house with over 10,000 plants or have 10,000 plants you face a mandatory sentence of 15 years in prison

Although you may have been arrested in relation to a grow house you have many defenses available to you. It is important to hire an attorney who is knowledgeable of these defenses and can fight for you at every level of your case. These defense could include attacking the police contact and conduct, the search warrant, or your questioning by the police, and whether the state can prove you knowledge or possession.

If you have been accused of any crime related to marijuana contact Anthony Rickman at the Rickman Law Firm for a free consultation.

Sale/Delivery of Drugs

Under Florida law it is a crime to sell delivery or manufacture illegal drugs. Sale or delivery of illegal drugs such as cocaine, heroin, and methamphetamine as prescription drugs such as Xanax, Roxicodone or Oxycodone is Second Degree Felony punishable by up to 15 years in prison and 15 years probation. Where you allegedly sold the drugs matters in cases involving the sale of illegal drugs. If you are accused of selling or delving drugs within 1000 feet of a school, church, or convenience store your charge could be upgraded to a first degree felony where you face the possibility of 30 years in prison and with a minimum mandatory sentence of 3 years in prison.

If you have been accused of selling or delivering drugs, it is important that you contact an attorney you can trust to aggressively defend you and analyze your case. If you hire Anthony Rickman he will review every aspect of your case to determine if the police violated your rights by unlawfully searching you, illegally questioning you, or entrapping you into committing the offense. Anthony will look at the evidence against you and how the state and police conducted their investigations. Often sale and delivery cases are made by confidential informants and undercover officers Anthony will exploit the defects in the State’s case, their witnesses, and the allegations to achieve a favorable outcome for you in court.

Contact me today for a free consultation.