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As a Fort Lauderdale legal protection lawyer, I’ve acquired dozens of cellphone calls from people whose relations have been just lately arrested for Trafficking in Oxycodone or in Hydrocodone in Florida. Inevitably, every particular person asks the identical three questions:
1. (My brother) takes oxycodone (or hydrocodone) to alleviate again ache. He was solely arrested with a number of drugs. How can he be charged with “Trafficking?”
2. Is the minimal penalty for Trafficking in Oxycodone or Trafficking in Hydrocodone actually three (3) years in jail? and
3. Why is (my brother) being held on such a excessive bond?
Florida Statute 893.135(1)(c) reads partially: Any one who knowingly sells, purchases, manufactures, delivers, or brings into this state, or is knowingly in ACTUAL OR CONSTRUCTIVE POSSESSION of 4 (4) grams of extra of oxycodone or hydrocodone or 4 (4) grams or extra of ANY MIXTURE CONTAINING oxycodone or hydrocodone commits a felony of the primary diploma punishable by as much as thirty years in jail.
If the amount concerned:
1. is 4 (4) grams or extra, however lower than fourteen (14) grams, such particular person shall be sentenced to a compulsory time period of imprisonment of three (3) years, and the defendant shall be ordered to pay a effective of fifty thousand {dollars} ($50,000.00).
2. is fourteen (14) grams or extra, however lower than twenty-eight (28) grams, such particular person shall be sentenced to a compulsory time period of imprisonment of fifteen (15) years, and the defendant shall be ordered to pay a effective of 100 thousand {dollars} ($100,000.00).
3. is twenty-eight (28) grams or extra, however lower than thirty (30) kilograms, such particular person shall be sentenced to a compulsory time period of imprisonment of twenty-five (25) years, and the defendant shall be ordered to pay a effective of five-hundred thousand {dollars} ($500,000.00).
The Florida Legislature designated any particular person in possession of 4 (4) grams or extra of oxycodone or hydrocodone OR 4 (4) grams or extra of any combination containing oxycodone or hydrocodone responsible of trafficking in medication, no matter whether or not the person was utilizing oxycodone or hydrocodone for their very own private use. The legal cost relies upon the TOTAL WEIGHT of the medication, although every tablet probably incorporates each unlawful and authorized substances (i.e. Acetaminophen). For instance, if one (1) “Lortab” tablet weighs 650 mg (though it solely incorporates ten (10) mg of hydrocodone), then seven (7) “Lortab” drugs constitutes trafficking (650 mg x 7 drugs = 4.6 grams).
Trafficking or Possession fees might be averted or lowered, nevertheless, if the arrestee can present that the particular drug seized by law enforcement was lawfully obtained from a practitioner or pursuant to legitimate prescription. Oftentimes, upon a legal protection lawyer’s request, the State Legal professional’s Workplace will ask their chemist to match the milligrams of the drug and ID numbers engraved on the drug with the milligrams listed on the prescription and the ID numbers of the pharmacy that distributed the prescription to make sure a precise match. Accordingly, people arrested with “black market” drugs or drugs obtained from mates or neighbors won’t be able to show that the drugs have been lawfully obtained, even when the person has a legitimate prescription for a similar drug. Moreover, even a person is self-medicating Oxycodone or Hydrocodone for a legit harm, the State of Florida doesn’t deem this “excuse” as a legitimate protection.
The usual bond for trafficking in medication is often within the tons of of 1000’s of {dollars}, or a minimum of corresponding to the effective required beneath the related trafficking statute. Oftentimes, an skilled legal protection lawyer can negotiate lowered bond situations with the State Legal professional’s Workplace or file a Movement to Cut back Bond with the Courtroom.
Within the occasion you or a member of the family is arrested for Trafficking in Oxycodone or Trafficking in Hydrocodone, instantly contact an skilled legal protection lawyer. As talked about beforehand, the crime of Trafficking in Oxycodone or Trafficking in Hydrocodone carries a minimal necessary jail sentence. A minimal necessary jail sentence implies that the Choose can not waive the jail sentence (barring sure restricted exceptions); solely the State Legal professional’s Workplace can waive the jail sentence.
The creator Philip M. Snyder is a founding accomplice of Lyons, Snyder & Collin, P.A. in Fort Lauderdale, Florida. Fort Lauderdale legal protection lawyer Philip M. Snyder handles all legal protection issues together with drug trafficking, financial crime, home violence, and driving whereas beneath the affect. Fort Lauderdale private harm lawyer Marc P. Lyons handles all private harm circumstances, together with auto accidents, wrongful dying and slip and fall
Fort Lauderdale household law lawyer, Sean L. Collin, handles all household law points together with divorce, baby custody and alimony.
The Fort Lauderdale law agency of Lyons, Snyder & Collin, P.A. is positioned at 312 Southeast seventeenth Avenue, Third Ground, Fort Lauderdale, Florida 33316. Phone: 954.462.8035. web site?sl=ar&tl=en&hl=en&u=http://www.lyonssnyder.com”>http://www.lyonssnyder.com.
