Defenses Against Drug Trafficking Charge

When thinking of drug trafficking, scenes from a famous movie or a crime TV show may come to mind, but in reality, people are often shocked to hear about the extensive penalties that they could possibly face as a result of a drug trafficking charge. If you or someone you know has been accused of drug trafficking, it’s critical to get a reputable drug trafficking defense attorney in Tampa on the phone immediately. In the meantime, we’ll share some possible defenses and the minimum penalties that come with a conviction.

Defense 1

You’re the victim of an unlawful search and seizure. Any illegally obtained evidence gathered by a police officer can’t be used against you in a court of law. This goes for an illegal traffic stop, an illegal search of your home or other property, or an invalid warrant. If the officer did not have probable causes to search you or your possessions, you can challenge this in court.

Defense 2

You weren’t read your Miranda Rights. By law, when you arrested by an officer, your Miranda Rights must be read to you before they commence questioning. As a result, any statements you give may be thrown out.

Defense 3

You did not “possess” the drug or have knowledge of the drug. Being near a drug isn’t proof of possession. If the court can’t prove that you had “constructive possession” of the drug, you can’t be charged with drug possession.

Defense 4

There are cases where a person feels they were coerced or “set up” to commit a crime and therefore will raise an entrapment defense.

Mandatory Sentencing

Drug trafficking charges are not only a felony level offenses, they come with serious mandatory minimum penalties. Regardless of a person’s prior record, a judge is required by law to sentence a defendant to the terms as specified within Florida Statute 893.135. The following are examples of the minimum mandatory sentences:

  • Cocaine between 28 grams and 200 grams comes requires a 3-year minimum mandatory sentence
  • Cannabis (Marijuana) between 25 pounds to 1999 pounds requires a 3-year minimum mandatory sentence
  • Oxycodone, Hydrocodone, Morphine, Opium and Hydromorphone between 4-grams and 14 grams requires a 3-year minimum mandatory sentence.

Please note that the minimum mandatory sentence increases based on the specific drug and weight. A thorough investigation must be conducted, and the actions of the police officers must be examined to develop a strong defense against the charge. If you have been arrested for trafficking drugs, call a drug trafficking defense lawyer in Tampa immediately.

For a free consultation with an experienced drug trafficking defense lawyer in Tampa, please contact The Rickman Law Firm at (813) 712-8736 or submit our contact request form.

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.

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