There are mandatory minimum sentences in place for trafficking in all of
the following substances:
Oxycodone (OxyContin)
Alprazolam (Xanax)
Hydrocodone (Vicodin)
Cannabis (Marijuana)
Cocaine
Heroin
Methamphetamine
MDMA (Ecstasy)
As a
Miami-Dade County criminal defense attorney who represents Miami-Dade and Broward clients who are charged with trafficking,
I believe in doing everything in my power to get my clients out from under
those mandatory minimum sentences.
I find that one of the best ways to do that is to request that the evidence
(the suspect narcotics) be re-weighed.
It is a good tool available to criminal defense lawyers. You have a right
to inspect the evidence. So what I like to do is hire a private lab to
not only re-weigh the drugs, but to chemically test the drugs to make
sure the substance is what the cops and the prosecutors say it is.
Re-weighing drugs is crucial in trafficking cases. That's because trafficking
is based entirely on weight.
For instance, 28 grams or more of cocaine will warrant a charge of trafficking
in cocaine.
However, less than 28 grams of cocaine and you will either have possession
with intent to sell or simply, possession of cocaine.
While both are felony charges, neither carries a mandatory minimum sentence.
If the drugs are re-weighed and it turns out that the cops made a mistake,
the charges may be reduced.
And believe me, it is far better to be facing possession or possession
with intent charges than it is to be facing trafficking.
Re-weighing the evidence is only a small part of the investigation a good
criminal defense attorney will do on a trafficking case. But it is important
as it may considerably reduce the penalties.
If you or a loved one are facing trafficking charges,
call me today.