Did the prosecutor violate my civil rights for taking more than 5 months to charge me for drug trafficking in FL state

Fort Lauderdale, FL Viewed 212 times. Posted about 1 year ago in Criminal Defense

question about my trafficking charge: i was arrested for trafficking oxycodone over 28 grams (498 30mg pills 68 grams) in may and they just charged me on sep 26th for trafficking oxycodone over 4 grams instead of the 28 grams and two counts of obtaining controled substance by fraud why do you think it took so long to charge me and why the reduced charge and my parents posted the 500,000 thousand dollar bond are they gonna re arrest me again in court and have to pay another bond ? - Is this your question? Add additional information

Answers (3)

Brian Frederick Greenwald

This attorney is licensed in Florida. Posted about 1 year ago.

To directly answer your question, NO. The State Attorney's Office has not violated your rights. The State has 175 days to file felony charges, and 90 days to file misdemeanor.

As to why they filed a reduced charge, probably better not to complain. The State Attorney can file the case however they please. Would you rather be facing a mandatory minimum of 25 years prison (over 28g) or a mandatory minimum of 3 years prison (over 4g < 14g).

Don Waggoner

This attorney is licensed in Florida and 1 other state. Posted about 1 year ago.

No, it does not seem as if your rights have been violated. The state probably waited for lab results, which sometimes take a long time, to charge you. The lab weighs the substance differently that the cops do and sometimes the weight goes down, sometimes it goes up. In your case it went down. Lucky you. No, you should not be rearrested, but you are facing a minimum mandatory prison sentence.