Nocatee Drug Trafficking Lawyer

What Florida Statutes Section 893.135 Means for the Charge

Florida Statutes section 893.135 addresses trafficking offenses involving specified controlled substances and statutory quantities. Depending on the substance, an allegation may involve knowingly selling, purchasing, manufacturing, delivering, bringing the substance into Florida, or possessing a qualifying amount.

Each controlled substance has statutory quantity thresholds for particular trafficking levels. The prosecution’s identification and measurement of the material can therefore be central to both the charge and potential penalties.

Actual & Constructive Possession

Actual possession generally means direct physical custody. Constructive possession may be alleged when the substance isn’t found directly on the accused, but the prosecution claims that person knew about it and controlled the place or item where it was located. Shared vehicles, homes, storage areas, and containers can raise fact-specific questions about knowledge and control.

Mandatory Minimums & Other Potential Penalties

Florida drug trafficking charges can carry substantial fines and mandatory minimum sentences. Some offenses are first-degree felonies, while certain substances and quantities can carry greater exposure, potentially including life imprisonment under the statute.

The applicable range depends on the substance, alleged quantity, charged conduct, criminal history, procedural developments, and other case facts. Statutory maximums and mandatory minimums are different concepts, and neither can be evaluated accurately without reviewing the specific charge.

State & Federal Drug Trafficking Cases Are Different

An arrest in Florida doesn’t establish whether prosecution will proceed in state or federal court. Allegations involving interstate transportation, importation, federal investigators, or federal law may raise separate jurisdictional questions.

State and federal cases involve different charging structures, sentencing systems, procedures, and authorities. The charging documents and case record should confirm the court, prosecuting agency, and exact allegations.