How Do You Negotiate With A 15 Year Old Boy Arrested for Trafficking in Oxycodone Or Hydrocodone

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Arrested for Trafficking in Oxycodone Or Hydrocodone

As a Fort Lauderdale attorney, I have received dozens of phone calls from individuals whose family members were recently arrested for trafficking oxycodone or hydrocodone in Florida. Inevitably, each individual asks the same three questions:

1. (My brother) takes oxycodone (or hydrocodone) for back pain. He was arrested with only a few pills. How can he be accused of “human trafficking?”

2. Is the minimum sentence for oxycodone trafficking or hydrocodone trafficking really three (3) years in prison? and

3. Why is (my brother) holding such a high bond?

Florida Statute 893.135(1)(c) reads in part: Any person who knowingly sells, purchases, manufactures, delivers or brings into this state, or knowingly has in REAL OR CONSTRUCTIVE POSSESSION, four (4) grams of more than oxycodone or hydrocodone or four (4 ) grams or more of ANY MIXTURE CONTAINING oxycodone or hydrocodone constitutes a first degree felony punishable by up to thirty years in prison.

If quantity is included:

1. four (4) grams or more, but less than fourteen (14) grams, such person shall be sentenced to a mandatory term of imprisonment of three (3) years, and the defendant shall be ordered to pay a fine of fifty thousand dollars (50,000 .00 USD).

2. has fourteen (14) grams or more, but less than twenty-eight (28) grams, such a person will be sentenced to a mandatory prison sentence of fifteen (15) years, and the defendant will be ordered to pay a fine. of one hundred thousand dollars ($100,000.00).

3. weighs twenty-eight (28) grams or more, but less than thirty (30) kilograms, such a person will be sentenced to a mandatory prison term of twenty-five (25) years, and the defendant will be ordered to pay a fine of five hundred thousand dollars ($500,000.00).

The Florida Legislature has made any person in possession of four (4) grams or more of oxycodone or hydrocodone OR four (4) grams or more of any mixture containing oxycodone or hydrocodone guilty of drug trafficking, regardless of whether the person used oxycodone or hydrocodone for your personal use. The criminal charge is based on the TOTAL WEIGHT of the drugs, although each pill likely contains both illegal and legal substances (ie acetaminophen). For example, if one (1) “Lortab” pill weighs 650 mg (even though it only contains ten (10) mg of hydrocodone), then seven (7) “Lortab” pills represent a trade (650 mg x 7 pills = 4.6 grams ).

However, trafficking or possession charges can be avoided or reduced if the arrestee can prove that the particular drug seized by law enforcement was legally obtained from a doctor or pursuant to a valid prescription. Often, at the request of a criminal lawyer, the State Attorney’s Office will ask its pharmacist to compare the milligrams of the drug and the identification numbers engraved on the drug with the milligrams listed on the prescription and the identification numbers of the pharmacy that issued the prescription. ensure an exact match. Accordingly, people arrested with “black market” pills or pills obtained from friends or neighbors will not be able to prove that the pills were obtained legally, even if the person has a valid prescription for the same drug. Additionally, even if an individual self-medicates Oxycodone or Hydrocodone for a legitimate injury, the State of Florida does not consider this “excuse” a valid defense.

Standard bail for drug trafficking is usually in the hundreds of thousands of dollars, or at least comparable to the fine prescribed by the relevant drug trafficking law. Oftentimes, an experienced criminal defense attorney can negotiate reduced bond terms with the Attorney General’s Office or file a motion for a bond reduction with the court.

In the event that you or a family member has been arrested for trafficking oxycodone or hydrocodone, contact an experienced criminal defense attorney immediately. As mentioned earlier, the crime of trafficking oxycodone or trafficking hydrocodone carries a minimum mandatory prison sentence. A mandatory minimum prison sentence means that a judge cannot waive a prison sentence (with certain limited exceptions); only the State Attorney’s Office can waive a prison sentence.

Author Philip M. Snyder is a founding member of Lyons, Snyder & Collin, PA in Fort Lauderdale, Florida. Attorney Philip M. Snyder of Fort Lauderdale handles all criminal defense matters including drug trafficking, economic crime, domestic violence and driving under the influence. Fort Lauderdale personal injury attorney Marc P. Lyons handles all personal injury cases, including auto accidents, wrongful death, and slip and fall

Fort Lauderdale family law attorney Sean L. Collin handles all family law matters including divorce, child custody and child support.

The Fort Lauderdale Law Firm of Lyons, Snyder & Collin, PA is located at 312 Southeast 17th Street, Third Floor, Fort Lauderdale, Florida 33316. Telephone: 954.462.8035. http://www.lyonssnyder.com.

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