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Criminal Defense Lawyer in Orlando, FL

Cocaine Trafficking Lawyer in Orlando, FL

The state of Florida imposes harsh penalties as well as mandatory minimum sentences for those who are convicted of trafficking cocaine or other illegal substances. Florida Statute 893.135 defines cocaine trafficking as knowingly selling, purchasing, manufacturing, delivering, or bringing into the state or possessing 28 grams or more of cocaine. You do not have to have the intent to sell or dispute the drug to be convicted of trafficking. The mere possession of a large amount of cocaine is considered trafficking. 


Penalties for Cocaine Trafficking 


The crime of trafficking cocaine is a first-degree felony, dependent on the amount of cocaine for sentencing under the Statute. It is important to note that mandatory minimum drug trafficking sentences are eligible for incentive gain time, meaning a person will only have to serve 85% of their sentence if they have good behavior while in prison. 


Trafficking 28 to 199 grams of Cocaine 


If convicted of trafficking between 28 and 199 grams of cocaine, the maximum sentence a judge can impose is 30 years in prison. The judge must impose a minimum sentence of 3 years in jail and a $50,000 fine. 


Trafficking 200 to 399 grams of Cocaine


If convicted of trafficking between 200 and 299 grams of cocaine, you face a maximum of 30 years in prison. The mandatory minimum sentence is 7 years in prison and a fine of $100,000. 


Trafficking 400 grams to 149 kilograms of Cocaine


If convicted of trafficking between 400 grams and 149 kilograms of cocaine, the maximum sentence is 30 years in prison. The mandatory minimum for this offense is 15 years in prison and a $250,000 fine. 


Other Penalties 


In addition to jail time and expensive fines, a person convicted of cocaine trafficking will also have their driver’s license suspended under Florida Statute 322.055. A convicted person will also be subject to the emergency suspension of a Professional License issued by the State of Florida under Florida Statute 893.11. 


Defenses to Cocaine Trafficking 


A skilled criminal defense attorney should assess every aspect of your case to determine the most robust possible defense to protect your future. Here are some common defenses your lawyer may employ to fight your cocaine trafficking charges. 


Entrapment 


When law enforcement illegally induces a person to commit a crime when the individual would not have otherwise engaged in the illegal activity, they are guilty of entrapment. If it can be shown you were entrapped, the court can dismiss the charges pending against you. 


Insufficient Evidence 


The prosecutor must prove you possessed cocaine for the purposes of trafficking in one of two ways: actual possession or constructive possession. 


  • Actual Possession: To prove actual possession, the prosecutor must show you had the cocaine on your person. Actual possession would be if you had the cocaine in your pocket or a bag. 
  • Constructive Possession: For the prosecutor to prove constructive possession, they need to demonstrate knowledge of the cocaine’s presence, knowledge the substance was cocaine, and dominion and control over the cocaine. 


If the prosecutor cannot prove either of these kinds of possession, then they do not have sufficient evidence to prove cocaine trafficking. 


Illegal Search and Seizure 


Most drug trafficking cases depend on search and seizure to obtain evidence for a conviction. If this search and seizure were conducted illegally, any evidence obtained could not be included in a trial. Your criminal defense attorney must investigate the police conduct during the investigation phase of your case to determine if your rights were violated. 


Substantial Assistance 


While Substantial Assistance is not technically a defense, it is a commonly used method to avoid the mandatory minimum sentencing required for cocaine trafficking. 


The prosecutor can ask the court to reduce or suspend a sentence of a person convicted of drug trafficking when the person provides substantial assistance in the identification, arrest, or conviction of another person engaged in drug trafficking. 


Suppose the person who makes this deal cannot deliver the specified information in a set period. In that case, they will be required to serve the applicable mandatory minimum sentence. 


Discuss Your Options with a Cocaine Trafficking Lawyer in the Orlando Area 


If you have been charged with cocaine trafficking, you face a profound first-degree felony conviction with severe penalties. The criminal defense lawyers at Hanlon Law will assess the circumstances surrounding your case and work in your best interest. A conviction for these charges will dramatically impact your life, so you must take action immediately to protect your future. 


If you are facing cocaine trafficking charges in Orlando, Florida, contact the attorneys at Hanlon Law today.

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