Expert Advice When You Need It Most

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

Asked over 3 years ago - Fort Lauderdale, FL

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 ?

Flag

Save

Share with:

Attorney answers (3)

Don Waggoner

Reputation Level 14

Answered over 3 years ago. Criminal Defense Attorney in Kissimmee, FL.

Flag

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.

Mark as good answer

1 person marked this answer as good

Add comment

Brian Frederick Greenwald

Reputation Level 6

Answered over 3 years ago. Criminal Defense Attorney in Fort Lauderdale, FL.

Flag

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).

Mark as good answer

Add comment