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What is the diferences between the maximuim sentencing of Trafficking Cocaine and Possession cocaine?

Jacksonville, FL |

and second related question, under a Trafficking of cocaine sentencing and possible plea agreement, is it [Trafficking] eligible for a first time offender to receive a PTI, or drug offender program?

Attorney Answers 3

Posted

There is a big difference between these two charges. Possession of cocaine typically deals with possessing a small amount of that drug and is a third degree felony punishable by up to five years but with no minimum/mandatory charges. Trafficking in cocaine means you either possessed or sold a larger amount. It is a first degree felony and depending on the amount alleged, minimum/mandatory sentences may range from three years all the way to 25! In addition, there are usually large fines attached to trafficking charges.
To answer your second question, pti is not allowed for trafficking and any chance of a drug offender program would be very slim with a trafficking charge. You need to set up meetings with local criminal defense lawyers as soon as possible. Depending on the facts of your case, they may be able to get your charge reduced.

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Posted

Possession of Cocaine is a third degree felony subject to up to five years of prison. In comparison, with Trafficking in Cocaine if you're charged with having between 28 and 200 grams your facing a 3 year minimum mandatory prison term and a $50,000 fine. For quantities over 200 grams and less than 400 grams the penalties increase to a 7 year minimum mandatory prison term and a $100,000 fine. Anything over 400 grams and under 150 kilograms has a 15 year minimum mandatory prison term and a $250,000 fine.
Unfortunately, Trafficking is usually not eligible for PTI or Drug Offender Probation due to the minimum mandatory involved.

Without reviewing all the facts and evidence, it is not possible to give a proper opinion regarding the liklihood of sucess of your case.

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Posted

There is a huge difference between these two charges. Possession is a felony 3 w/ a maximum sentence of 5 years and $5000 fine. Trafficking carries mandatory prison from 3 yrs to life depending on the quantity involed and mandatory fines of $50K to $250K depending on quantity. This is serious. Hire an attorney

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