21st Jan 2015
Because of minimum mandatory penalties, the drug trafficking sentencing exposures can be quite severe. The nature of these minimum mandatory penalties is that it takes away the power of the court and enables too much power to the prosecution… for only they can waive minimum mandatory penalties.
In the State of Florida, especially in Miami-Dade County, an allegation of drug trafficking is a very serious issue that should necessitate the immediate contacting of a criminal defense attorney, experienced with drug trafficking cases. Drug trafficking allegations may be prosecuted under Florida law, under Federal law (where often they are categorized as “conspiracy” cases” or simultaneously… in both forums.
If found guilty, these minimum mandatory penalties, which are based upon the quantity of the alleged controlled substances, carry not only significant amounts of prison time but, also, huge fines and mandatory adjudications. Obviously such penalties can ruin a person’s life.
There are a variety of defenses and negotiations that may be able to either mitigate the sentencing exposure or get a case dismissed, such factors may be:
– The conduct of the investigating and arresting police
– The accuracy of their testimony
– The credibility of often-utilized confidential informants
– Accuracy of the weight of the evidence
– Adherence to constitutional procedures and
– Whether the accused in under the age of twenty one (21)
Whereas in the Federal system, a first time offender gets a little bit of leniency (which is called a “safety valve reduction” ), in the State system, a first time offender is really not distinguished from a person that has been arrested before.
The penalties are very, very oppressive mandating the need for an experienced and highly effective criminal defense attorney.