Trafficking in Oxycodone Defense
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In Florida, trafficking in oxycodone occurs when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports seven (7) grams or more of any mixture containing oxycodone.
Weight Determination of Oxycodone Pills in Defense Against Trafficking Oxycodone in Florida
In Florida, the amount of illegal substance is not a defense. Notice the language of the law states “any mixture “, meaning the aggregate weight is what is calculated,not solely the active ingredient Thus, trafficking weight is determined by the total weight of the oxycodone pills. This includes inactive materials in the pill. As a result, a person could have ten (10) oxycodone pills whose combined dosage is less than four (4) grams of oxycodone, but because the pills weigh more than four (4) grams, the person would be guilty of trafficking in oxycodone instead of mere possession of oxycodone. Depending on the brand’s method of manufacture, it may take possession of only 5-8 pills to be charged with trafficking in Florida
Penalties for Florida Oxycodone Trafficking
Florida drug trafficking penalties are harsh and include mandatory minimum sentences. Trafficking in oxycodone is a first degree felony, assigned either a Level 8 or a Level 9 offense severity ranking under Florida’s Criminal Punishment Code. If caught trafficking in oxycodone the minimum penalties you face are determined by the Florida oxycodone trafficking thresholds:
- 7 to 14 grams of oxycodone comes with a mandatory penalty of three (3) years in prison, a $50,000 fine, and up to thirty (30) years in prison.
- 14 to 25 grams of Oxycodone comes with a mandatory penalty of seven (7) years in prison, a $100,000 fine, and up to thirty (30) years in prison.
- 25 to 100 grams of Oxycodone comes with a mandatory penalty of fifteen (15) years in prison, a $500,000 fine, and up to thirty (30) years in prison.
- 100 grams to 30 kilograms of Oxycodone comes with a mandatory penalty of twenty-five (25) years of prison, a $750,000 fine, and up to thirty (30) years in prison.
Driver’s License Suspension
A person convicted of trafficking in oxycodone will have their driver’s license and driving privileges revoked for one (1) year by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).
Professional License Suspension
A person convicted of trafficking in oxycodone will be subject to the emergency suspension of any professional license issued by the State of Florida that authorizes the practicing of a profession or trade.
Defenses to Trafficking in Oxycodone
Pretrial defenses are critical. Call us immediately, even before you’ve been arrested if possible.
Common defenses to the crime of Trafficking in Oxycodone include:
Many of the defenses available in ordinary drug possession cases are available to your Florida drug trafficking defense lawyer, including constitutional legal defenses that challenge unlawful searches or seizures by law enforcement. Some common Fourth Amendment defenses available in drug trafficking cases include: absence of a warrant, defective warrant, unlawful execution of a search warrant, entrapment, valid prescription, absence of probable cause to obtain a warrant, stale information forming the basis of the warrant, exceeding the scope of the search authorized by the warrant, invalid consent to search, coercive “knock and talk”, constructive entry during knock and talk, exceeding the scope of a consensual search, unlawful arrest or detention, absence of exigent circumstances, controlled substances not in plain view, warrantless search within the curtilage of a residence, Miranda violations, 5th and 6th amendment right to counsel violations, overly broad search incident to arrest, overly broad protective sweep, use of unlawful police tactics constituting a “search.”
Actual Possession vs. Constructive Possession
Actual possession means oxycodone was found on your person or in your immediate control, such as a glove compartment in a car. For example, if the oxycodone found was in your pants pocket, then the prosecutor would be charging you with actual possession of trafficking oxycodone. On the other hand, if the oxycodone was found in a place where more than one person had access and control, the prosecutor would need to prove that you had constructive possession.
To prove constructive possession the prosecutor must show:
- Knowledge the oxycodone is present;
- Knowledge the substance was oxycodone; and
- Dominion and control over the oxycodone.
Substantial Assistance as a Defense to Oxycodone Trafficking in Florida
While not technically a defense, nor a complete defense, reducing the charge to “providing substantial assistance” to drug trafficking is a method we will explore, avoiding the mandatory minimum sentencing required for the crime of Trafficking in Oxycodone in Florida.
Assistant state wide prosecutors are authorized by statute to ask the court to reduce or suspend a sentence of any person who is convicted of drug trafficking when the person provides substantial assistance in the identification, arrest, or conviction of any other person engaged in trafficking in controlled substances.
Valid Prescription for Oxycodone
If we can show you held a valid prescription for oxycodone, we may be able to have your charges dismissed.
Early Negotiation is Critical in Oxycodone Trafficking Defense in Florida
Early contact in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.
Call us even before your are charged if possible. We may be able to avoid charges being filed.
We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.
We also happen to be Florida criminal law attorneys.
We can help you.
Our Florida criminal lawyers serve clients charged in trafficking in oxycodone cases in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle criminal law cases and trafficking in oxycodone in Palm Beach, Broward, Miami Dade County and throughout Florida.
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