Broward Criminal Lawyer William Moore explains that Florida has one of the toughest set of laws to fight drug trafficking and possession. When someone is accused of a Trafficking in Oxycodone in Florida they can be charged with violating federal or state laws or both. The Florida State criminal penalties are much tougher than the Federal sanctions.
Florida lawmakers have defined drug traffickers to include those in possession of a minimum quantity of the controlled substance. This means that law enforcement officials and the prosecution do not have to prove an intent to sell or an actual sale to convict a person of drug trafficking. Mere possession of the drug in the specified quantities can trigger mandatory prison terms and fines. This is further compounded by the fact that Florida law does not distinguish between a drug mixture and its pure form when considering the weight of the controlled substance.
Penalties for Trafficking in Oxycodone According to Broward Criminal Lawyer William Moore
According to Florida law any person who possesses more than 4 grams of oxycodone, hydrocodone, or opium and less than 30 kilograms of the substance in any form or derivative is accused of committing a first degree felony. The punishment for the same varies depending on the weight of the controlled substance found in their possession. Drug possession attorneys see this thing every day. The amount of work that can be put into defending these cases is staggering due to the potential of lengthy sentences. An experienced Broward Criminal Lawyer should always be compassionate considering the pressure that a client charged with trafficking is experiencing.
If the weight of the controlled substance is more than 4 grams and less than 14 grams they are mandatorily sentenced to three years in prison and have to pay a $50,000 fine. When the weight of the substance is between 14 grams and less than 28 grams the mandatory sentence includes 15 years in prison and $100,000 fine. When the weight of controlled substance is 28 grams or more but less than 30 kilograms the prison term is 25 years and the fine is $500,000.
When the person is accused of possessing 30 kilograms or more of the controlled substance they face life imprisonment if convicted. The only exception to this is if the state prosecutor asks for a lesser sentence because the convicted person substantially assisted the state in convicting conspirators or helped identify them.
Defenses Outlined by Broward Criminal Lawyer William Moore.
In order to defend a person accused of trafficking in drugs or controlled substances your Drug Trafficking Attorney will first examine if the police acted lawfully in obtaining the evidence. If the evidence was obtained without following due procedure, the defense can move for the evidence to be declared inadmissible, thereby weakening the prosecution’s case.
The defense lawyers can also examine the evidence regarding the weight of the controlled substance. For instance, hydration can increase its weight and cause the charge to become one of trafficking instead of the lesser one of possession.
In case the arrested person wants to provide substantial assistance to law enforcement authorities for a lower penalty they still need a defense lawyer to assist them. This is because only the prosecutor has the authority to negotiate a substantial assistance agreement, not the police officers. Additionally, unless the agreement is a written contract, the arrested person might not obtain the lower sentence sought.
The defense lawyer will also explain the full implications of the agreement to provide substantial assistance. In most cases, the prosecutor will not be satisfied with just a list of names. Instead, the accused might be expected to lead the police to the dealer or wear a wiretap.
If you are contemplating hiring a BrowardOxycodone lawyer to defend your case, do your homework. Many attorneys have general qualifications. Few criminal attorneys in Fort Lauderdale, however, are proficient at defending drug trafficking cases.
In Florida, the prosecution can prove a drug trafficking case if they prove the accused was in possession of the controlled substance over the prescribed limit. However, the prosecution also has to prove that the possession was willful and deliberate in order to obtain a conviction. Besides, the prosecution’s case can be challenged on legal grounds if the arrest was not made with all legal safeguards.
William Moore is a veteran BrowardCriminal Defense Lawyer with over 150 criminal jury trials under his belt. Remember, if you are looking for competent representation, always consider an attorney's past history and experience before deciding. Drug crime convictions can be devastating on the accused and his or her family. Ft. Lauderdale Drug Crime Attorney Moore is an aggressive and experienced litigator with a strong local reputation. If you are searching for a Drug Possession Lawyer in the Fort Lauderldae area, chances are that you have already been told about the criminal attorneys at William Moore Criminal Defense. Drug lawyers are proficient and experienced in handling the defense of individuals charged with possession and or trafficking of an illegal narcotic.