"As a Fort Lauderdale criminal defense lawyer, I have actually gotten dozens of call from individuals whose member of the family were recently arrested for Trafficking in Oxycodone or in Hydrocodone in Florida. Inevitably, each individual asks the same 3 concerns: 1.( My sibling) takes oxycodone (or hydrocodone) to relieve back pain. He was only arrested with a couple of pills. How can he be charged with ""Trafficking?"". 2. Is the minimum penalty for Trafficking in Oxycodone or Trafficking in Hydrocodone actually three (3) years in prison? And. 3. Why is (my sibling) being held on such a high bond? Florida Statute 893.135( 1 )( c) checks out in part: Any person who knowingly offers, purchases, manufactures, provides, or brings into this state, or is purposefully in ACTUAL OR CONSTRUCTIVE POSSESSION of 4 (4) grams of more of oxycodone or hydrocodone or four (4) grams or more of ANY MIXTURE CONTAINING oxycodone or hydrocodone commits a felony of the first degree punishable by up to thirty years in prison. If the quantity included:. 1. is 4 (4) grams or more, but less than fourteen (14) grams, such individual shall be sentenced to a necessary regard to jail time of three (3) years, and the defendant shall be purchased to pay a fine of fifty thousand dollars ($ 50,000.00). 2. is fourteen (14) grams or more, however less than twenty-eight (28) grams, such person shall be sentenced to a compulsory term of jail time of fifteen (15) years, and the defendant will john du wors bainbridge island be purchased to pay a fine of one hundred thousand dollars ($ 100,000.00). 3. is twenty-eight (28) grams or more, but less than thirty (30) kgs, such person shall be sentenced to an obligatory term of imprisonment of twenty-five (25) years, and the defendant will be bought to pay a fine of five hundred thousand dollars ($ 500,000.00). The Florida Legislature designated any individual in possession of 4 (4) grams or more of oxycodone john du wors seattle or hydrocodone OR four (4) grams or more of any mix including oxycodone or hydrocodone guilty of trafficking in drugs, no matter whether the individual was utilizing oxycodone or hydrocodone for their own individual usage. The criminal charge is based upon the OVERALL WEIGHT of the drugs, although each pill most likely contains both illegal and legal substances (i.e. Acetaminophen). For example, if one (1) ""Lortab"" tablet weighs 650 mg (although it just consists of ten (10) mg of hydrocodone), then 7 (7) ""Lortab"" tablets constitute trafficking (650 mg x 7 pills = 4.6 grams).
Trafficking or Belongings charges can be prevented or reduced, nevertheless, if the arrestee can reveal that the particular drug seized by law enforcement was lawfully obtained from a specialist or pursuant to a legitimate prescription. Usually, upon a criminal defense lawyer's request, the State Attorney's Office will ask their chemist to compare the milligrams of the drug and ID numbers inscribed on the drug with the milligrams listed on the prescription and the ID numbers of the pharmacy that dispensed the prescription to ensure an exact match. Appropriately, people jailed with ""black market"" pills or pills gotten from friends or next-door neighbors will not be able to prove that the pills were lawfully acquired, even if the person has a valid prescription for the very same drug. Additionally, even an individual is self-medicating Oxycodone or Hydrocodone for a genuine injury, the State of Florida does not deem this ""excuse"" as a legitimate defense. The basic bond for trafficking in drugs is typically in the hundreds of thousands of dollars, or at least comparable to the fine needed under the relevant trafficking statute. Oftentimes, an experienced criminal defense lawyer can work out lowered bond conditions with the State Lawyer's Workplace or submit a Movement to Lower Bond with the Court. In the event you or a member of the family is detained for Trafficking in Oxycodone or Trafficking in Hydrocodone, immediately call a skilled criminal defense attorney. As pointed out previously, the criminal activity of Trafficking in Oxycodone or Trafficking in Hydrocodone carries a minimum mandatory prison sentence. A minimum mandatory prison sentence suggests that the Judge can not waive the jail sentence (disallowing particular limited exceptions); just the State Lawyer's Office can waive the jail sentence."