Drug trafficking is one of the most misunderstood crimes in the State of Florida. It is also one of the most serious.
People assume that if they are not selling, intending to sell, or transporting large quantities of drugs across state lines then they are not trafficking. This is an incorrect assumption.
While some state trafficking laws may require proof that the accused was going to sell or intended to transport the drugs, Florida law requires none of that. You can be arrested and charged with trafficking for having drugs in your home, in your car, or even on your person. There is no requirement that the state prove that you were in engaged in drug sales or drug transportation.
Florida's trafficking statutes are based solely on weight. That means that simply being in possession of the threshhold amount of drugs is enough to get you charged with trafficking.
If you have over 28 grams of oxycodone (OxyContin) in your possession, you can be charged with trafficking even if it is your intent to use the drugs personally. And what's worse is that 28 grams or more (a few hundred pills, give or take) carries a 25-year mandatory minimum sentence. Even as little as 4 grams of oxycodone can land you in state prison for 3 mandatory years.
Florida has no plans to change the law. What should be and what is are two different things. I cannot change the law, but I may be able to help you if you have been charged with trafficking in any controlled substance in Miami-Dade or Broward.
Remember - every single drug trafficking offense in Florida carries mandatory prison time. Every single one. From marijuana to heroin - you face mandatory prison time every time you are accused of drug trafficking.
Call (305) 777-3855 to reach Attorney Eric Matheny.