When you’re facing drug trafficking charges, you need help. A skilled Sarasota drug trafficking attorney might get your charges dismissed or reduced. They also might lessen the consequences of a conviction.

Attorney Erika Valcarcel knows the key to a successful defense is listening to your side of the story. She can use the details to present your case in a way that garners sympathy and proves your innocence.

Call Erika Valcarcel, Criminal Defense Lawyer, P.A. at (941) 363-7900 to schedule your initial consultation.

Why Drug Trafficking Defense Lawyer Erika Valcarcel is Right for You

The truth is that many people facing drug possession or drug trafficking charges struggle with addiction. You might not be in this mess if you could beat your dependency on a controlled substance. Erika will approach your case with compassion and a focus on your needs. She’ll treat you as a whole person and make sure you’re receiving proper medical and mental health care.

This moment might feel like a low point in your life; it might be your rock bottom. But it can be where things turn around for the better, too.

Florida Drug Trafficking Laws

People often assume drug trafficking means drug transportation. But under Florida drug laws, trafficking is a label used to describe many drug-related crimes.

In Florida, drug trafficking includes:

The confusion doesn’t end there. Prosecutors only increase these crimes to trafficking when you have a certain amount of a controlled substance.

The threshold amount required to qualify a crime as trafficking differs from one substance to the next. For marijuana trafficking, you must possess at least 25 pounds. For cocaine, you need at least 28 grams, while you need only four grams of heroin.

You need to call a drug trafficking lawyer right away because of how complicated these charges are. The amount the prosecutor claims you possessed profoundly impacts your case. A lawyer might find errors in the weight or amount of the drug. If you had less than the police claim, you might get your charges reduced.

Florida Drug Trafficking Penalties

Florida imposes mandatory minimum sentences for drug trafficking cases. If you’re convicted, the judge must issue a sentence that is no shorter than the minimum. Many critics argue drug-related crimes don’t warrant such harsh sentences, especially when you weren’t violent.

Marijuana

  • Between 25 and 1,999 Pounds: A minimum of three years in prison and a $25,000 fine
  • Between 2,000 and 9,999 Pounds: A minimum of 7 years in prison and a $50,000 fine
  • More Than 10,000 Pounds: A minimum of 15 years in prison and $200,000

Cocaine

  • Between 28 and 200 Grams: A minimum of three years in prison and a $50,000 fine
  • Between 200 and 400 Grams: A minimum of 7 years in prison and a $100,000 fine
  • Between 400 Grams and 150 Kilograms: A minimum of 15 years in prison and a $250,000 fine

LSD

  • Between One and Five Grams: A minimum of three years in prison
  • Between Five and Seven Grams: A minimum of 7 years in prison
  • More Than Seven Grams: A minimum of 15 years in prison

Oxycodone, Hydrocodone, Morphine, Opium

  • Between Four Grams and 13 Grams: A minimum of three years in prison and a $50,000 fine
  • Between 14 and 27 Grams: A minimum of 15 years in prison and a $100,000 fine
  • Between 28 Grams and 30 Kilograms: A minimum of 25 years in prison and a $500,000 fine

Phencyclidine

  • Between 28 and 199 Grams: A minimum of three years and a $50,000 fine
  • Between 200 and 399 Grams: A minimum of 7 years and a $100,000 fine
  • 400 Grams and More: A minimum of 15 years and a $250,000 fine

Methaqualone

  • Between 200 Grams and Four Kilograms: A minimum of three years in prison and a $50,000 fine
  • Between Five Kilograms and 24 Kilograms: A minimum of 7 years in prison and a $100,000 fine
  • 25 Kilograms and More: A minimum of 15 years in prison and a $250,000 fine

Amphetamine and Methamphetamine

  • Between 14 and 27 Grams: A minimum of three years in prison and a $50,000 fine
  • Between 28 and 199 Grams: A minimum of 7 years in prison and a $100,000 fine
  • 200 Grams and More: A minimum of 15 years in prison and a $250,000 fine

Flunitrazepam

  • Between Four and 13 Grams: A minimum of three years in prison and a $50,000 fine
  • Between 14 and 27 Grams: A minimum of 7 years in prison and a $100,000 fine
  • Between 28 Grams and 30 Kilograms: A minimum of 25 years in prison and a $500,000 fine

GHB

  • Between One and Four Kilograms: A minimum of three years in prison and a $50,000 fine
  • Between Five and Nine Grams of Kilograms: A minimum of 7 years in prison and a $100,000 fine
  • 10 Kilograms and More: A minimum of 15 years in prison and a $250,000 fine

Collateral Consequences of Drug Convictions

There are collateral consequences that can devastate your life after prison. Employers shy away from hiring people with criminal records. It can be impossible to find good work and build a career. Continuing your education is also a struggle.

College admissions officers thoroughly vet applications, and a drug conviction will usually land your application in the shred pile. Unfortunately, you’ll face many forms of lawful discrimination because of your permanent criminal record.

Federal Drug Trafficking Laws

Federal drug laws are similar to Florida laws, though they’re known for having harsher penalties. Whether a federal prosecutor charges you with drug trafficking depends on the controlled substance’s schedule and the amount. Always contact a drug trafficking attorney to defend you against federal drug charges.

Federal law punishes a first offense for drug trafficking with between five and 40 years for:

  • Cocaine 500 to 4,999 grams mixture
  • Cocaine Base 28 to 279 grams mixture
  • Fentanyl 40 to 399 grams mixture
  • Fentanyl Analogue 10 to 99 grams mixture
  • Heroin 100 to 999 grams mixture
  • LSD one to nine grams mixture
  • Methamphetamine five to 49 grams pure or 50 to 499 grams mixture
  • PCP 10 to 99 grams pure or 100 to 999 grams mixture

You face between 10 years and life in prison for:

  • Cocaine five kilograms or more mixture
  • Cocaine Base 280 grams or more mixture
  • Fentanyl 400 grams or more mixture
  • Fentanyl Analogue 100 grams or more mixture
  • Heroin one kilogram or more mixture
  • LSD 10 grams or more mixture
  • Methamphetamine 50 grams or more pure or 500 grams or more mixture
  • PCP 100 grams or more pure
  • PCP one kilogram or more mixture

You face up to 20 years in prison as a first-time offender for:

  • Any amount of other Schedule I and II drugs
  • Any amount GHB
  • Flunitrazepam one gram or less

For any amount of a Schedule III drug, you face up to 10 years for a first offense. For any other Schedule IV drugs, you face up to five years for a first offense. You can get jail time up to one year for any amount of any schedule V drug.

If you have a previous drug offense on your record, or if someone was hurt or killed, you’ll face worse penalties.

Potential Drug Trafficking Defenses

If you’re facing federal or Florida drug charges, call an experienced Sarasota drug lawyer immediately. There are ways to defend yourself.

Possible defenses include:

  • Lack of Actual or Constructive Possession: We may be able to submit evidence that the drugs weren’t yours and you were unaware of them.
  • Lesser Amounts: We might be able to prove the police and prosecution miscalculated the amount. A lesser amount might get your charges reduced.
  • Insufficient Evidence: We may focus on showing the prosecution can’t prove you committed the crime beyond a reasonable doubt.
  • Fabricated or Planted Evidence: We may have convincing evidence that someone planted the drugs.
  • Illegally Obtained Evidence: If the police found evidence in violation of your constitutional rights, we’ll motion for it to be thrown out.
  • False Allegations: We may show that the accuser or informant lies.
  • Entrapment: We may show law enforcement convinced you to commit the crime.
  • Coercion: We may present evidence someone forced you to commit the crime.

Sarasota Drug Trafficking Lawyer Erika Valcarcel Can Help You

A drug trafficking charge can devastate your life. But you have the right and the power to fight back. With experience as both a prosecutor and a defender, Erika Valcarcel can anticipate the prosecution’s strategy and craft a winning defense. Don’t let a prejudiced system take advantage of you.

Call (941) 363-7900 to see how Erika Valcarcel, Criminal Defense Lawyer, P.A. can beat your charges.