Orlando Drug Trafficking Defense Attorney
Drug Trafficking (Florida Statute 893.135) is one of the most serious drug related criminal offenses under Florida law and can expose a person to a mandatory prison sentence, substantial fines, and life altering felony consequences. In addition, trafficking charges may result in a Nebbia hold being placed by the Judge. This type of hold requires the payor of the bond to demonstrate that the funds used came from a lawful source. Because of the stakes and immediate effects of a trafficking arrest, speaking with an experienced and knowledgeable criminal defense attorney before your first court date is critical.
Drug Trafficking Under Florida Law
Florida Drug Trafficking laws apply when a person is accused of knowingly possessing, purchasing, manufacturing, delivering, or bringing into Florida certain controlled substances above statutory amounts. These threshold quantities vary by substance and can be surprisingly low depending on the drug involved. Some common drugs and their thresholds include:
- Marijuana: 25 Pounds
- Cocaine: 28 Grams
- Morphine: 4 Grams
- Hydrocodone: 28 Grams
- Oxycodone: 7 Grams
- Fentanyl (or any derivative): 4 Grams
- Amphetamine: 14 Grams
- Lysergic Acid Diethylamide (LSD): 1 Gram
For reference, keep in mind that a standard metal paperclip weighs approximately 1 Gram.
Penalties for Drug Trafficking in Florida
Penalties for Drug Trafficking in Florida are severe, and include minimum prison sentences of 3, 7, 15, or even 25 years depending on the type and quantity of the alleged controlled substance. A conviction for Trafficking may also include a minimum mandatory $50,000 fine and a mandatory conviction, meaning that a person accused of Trafficking may be a convicted felon even if they have no other criminal history.
Bond in Drug Trafficking Cases
Drug trafficking is a serious felony under Florida law. As a result, if you are arrested for this offense, you typically will not be released from custody until you appear before a Judge at a first appearance hearing. This hearing is typically held within 24 hours of an arrest.
At first appearance, the Judge will determine whether probable cause existed for the arrest, decide whether to set bond, and determine the conditions of your release. The prosecutor may argue for a higher bond or that no bond be set in certain circumstances. Your attorney can also present information about your background, ties to the community, employment, and other factors supporting a lower bond or less restrictive conditions of release.
In trafficking cases, the prosecution may ask the court to impose something called a “Nebbia hold,” which requires that the person posting the bond demonstrate that the funds used to post the bond or pay the bondsman are from legitimate sources. Nebbia holds are most commonly used in cases in which a person is accused of trafficking drugs or committing financial crimes.
If you hire a private criminal defense attorney before your first appearance, that attorney can begin investigating your case immediately, advocate for more favorable release conditions, and present information to prosecutors that may persuade them to reduce charges or even decline prosecution altogether.
Defenses to Drug Trafficking
Because a Drug Trafficking charge carries mandatory prison sentence, a mandatory felony adjudication, and a $50,000 fine, every stage of the case must be aggressively challenged. Effective defenses include contesting the legality of the initial police encounter, as well as the lawfulness of the detention and searches that led to the discovery of the alleged drugs. Other critical elements of a defense may include contesting whether the accused actually knew about the substance, scrutinizing the chain of custody, and evaluating whether the laboratory testing and weight calculations were performed accurately and in compliance with proper procedures. In Trafficking cases, even a small weakness in the State’s case may dramatically impact the outcome of the case.
A Former Prosecutor on Your Side
Central Florida Justice founder Ben Baxter is a former prosecutor and Orlando criminal defense attorney with over a decade of experience in criminal law. As a former prosecutor, he knows how the State Attorney’s Office investigates, charges, and prosecutes Drug Trafficking cases. Now he uses that knowledge to defend his clients’ rights and fight for the best possible outcome in their cases. Ben knows what it takes to challenge these cases at every stage; and has taken over 40 cases to trial and litigated hundreds of motions to suppress or exclude evidence and testimony.
Central Florida Justice Can Help
One of the founding principles of Central Florida Justice is that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.
If you or someone you know has been charged with Drug Trafficking in Orlando or the Central Florida area, including Osceola, Lake, Polk, Seminole, or Brevard Counties, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with attorney Ben Baxter.
