got arrested for trafficking cocaine ( 30 grams > over 28 less than 200gram charge )
someone sent me to do it , wanted to know about the purity .. if only about 6,7 grams were cocaine .. can i lower the charge for trafficking over 28 less than 200 ?? some people told me YES and some NO .. but what if someone have 1 kilogram of sugar with 10 grams of cocaine ?! no way they charge him for trafficking 1 kilogram of cocaine if only 10 grams were cocaine .. any lawyer can handle that case ? if yes let me know and leave me your contact info .
Criminal Defense Attorney
Pursuant to Fla. Stat. 893.135 (6), I believe you are out of luck. However, since 30 grams is so close to the 28 gram limit, it would be worth your effort to have the substance reweighed.
Criminal Defense Attorney
As described below even if a mixture, the entire weight is taken into consideration. You need an experienced, aggressive criminal defense lawyer to handle this situation for you. You absolutely want the cocaine weighed as mentioned previously.
Florida Statute 893.135(6) A mixture, as defined in s. 893.02, containing any controlled substance described in this section includes, but is not limited to, a solution or a dosage unit, including but not limited to, a pill or tablet, containing a controlled substance. For the purpose of clarifying legislative intent regarding the weighing of a mixture containing a controlled substance described in this section, the weight of the controlled substance is the total weight of the mixture, including the controlled substance and any other substance in the mixture. If there is more than one mixture containing the same controlled substance, the weight of the controlled substance is calculated by aggregating the total weight of each mixture.
I practice throughout South Florida and am well versed on these issues. Please call me to discuss at (561) 738-7922.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are made available by the lawyer for educational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Florida drug laws go by the weight of the MIXTURE. The "mixture" is the controlled substance and the carrier medium. The legislature enacted this law to follow Federal law, and to prevent people from raising your issue as a defense. I don't agree with it, but it is the law.
Cocaine dries out and gets lighter. If you think that you are on the edge between trafficking and delivery/possession with intent to deliver, then you can file a motion and have the drugs weighed by a chemist of your chosing, who would be your expert witness.
You can have a quantative analysis perfomed on cocaine, but it won't help you. A simple weighing, however, could make the difference.
JOE BODIFORD - TAMPA - (813) 222-0032.