Being a Fort Lauderdale criminal defense attorney, I’ve received heaps of phone calls from individuals whose family members were arrested for Trafficking in Oxycodone or at Hydrocodone in Florida. But every Person asks exactly the same 3 queries:
Inch. (my buddy ) chooses oxycodone (or even hydrocodone) to alleviate back pain. He was just arrested with a couple supplements. How will he be charged with”Trafficking?”
2. Could be the minimum penalty for Trafficking at Oxycodone or Trafficking in Hydrocodone three (3) many years ? and
3. What’s (my buddy ) currently being held such a high bond?
Florida Statute 893.135(1)(c) reads in part: Any person who knowingly sells, purchases, manufactures, delivers, or brings to the state, or can be knowingly in real OR CONSTRUCTIVE POSSESSION of 4 (4) grams of more of oxycodone or hydrocodone or 4 (4) grams or greater of ANY MIXTURE that contains oxycodone or hydrocodone commits a felony of the first degree punishable with up to thirty years in prison oxycodone30mg.com.
In the Event the amount required:
1. Is four (4) g or more, less than two (14) g, such individual shall be sentenced to a mandatory term of imprisonment of three (3) years, and the defendant shall be arranged to pay a fine of fifty million dollars ($50,000.00).
2. Is two (14) grams or more, however less than twenty-eight (28) grams, such individual will be sentenced to a mandatory period of imprisonment of fifteen (15) years, and also the defendant will likely be ordered to pay a fine of 100 million dollars ($100,000.00).
3. Is twenty eight (28) g or more, but less than half (thirty ) kilograms, such person will be sentenced to a mandatory period of imprisonment of twenty-five (twenty five ) years, and also the suspect shall be arranged to pay a fine of five-hundred thousand dollars ($500,000.00).
The Florida Legislature designated any individual accountable for four (4) grams or more of oxycodone or hydrocodone OR 4 (4) grams or more of any mix containing oxycodone or hydrocodone guilty of trafficking in medication, regardless of whether the individual was applying oxycodone or hydrocodone to their personal use. The criminal charge is based up on the overall WEIGHT of those medication, even though each and every pill very likely contains both illegal and legal materials (i.e. Acetaminophen). As an instance, if a single (inch )”Lortab” pill weighs 650 milligrams (even though it only contains ten (10) milligrams of hydrocodone), seven (7)”Lortab” tablets comprises trafficking (650 mg x 7 pills = 4.6 g ).
Trafficking or Possession fees may be prevented or diminished, but in the event the arrestee could demonstrate that the specific drug captured bylaw authorities was lawfully procured from the practitioner or pursuant to legal prescription. In most cases, upon a criminal defense lawyer’s petition, the State Attorney’s Office will consult their chemist to examine the exact milligrams of this drug and also I d numbers engraved to the medication with the milligrams listed on the prescription and the ID numbers of their pharmacy which dispensed the prescription to ensure an precise match. Thus, folks arrested with”black market” pills or drugs obtained by close friends or neighbors will be unable to to show the capsules have been lawfully acquired, even if the individual has a valid prescription for equal drug. Additionally, an individual is self-medicating Oxycodone or even Hydrocodone for a valid accident, the State of Florida does not deem this”excuse” as being a legal defense.
The normal bail for trafficking in medication would be on average at the thousands and thousands of bucks, or at least comparable to this delicate required under the appropriate trafficking statute. In most cases an expert criminal defense lawyer is able to negotiate reduced bail requirements with all the State Attorney’s workplace or file a movement to lower Bond using the courtroom.