Trafficking in any controlled substance or drug is a felony offense that carries a mandatory prison sentence and a permanent felony conviction on your record if you are convicted. That is why it is so important to have an advocate on your side.
One common misconception is that Trafficking means the person is a drug dealer. This is not true. Trafficking simply means possessing more than a certain amount of a drug. The problem is, Trafficking cases are punished incredibly harshly, with mandatory minimum sentences imposed for any conviction. However, an experienced Fort Walton Beach drug trafficking defense lawyer can help you fight the allegations you are facing.
Choosing an Attorney After Trafficking a Controlled Substance or Felony Offense
Since you are facing such a serious charge, you will need to ask yourself whether you want to trust the state-funded public defender, or whether you would feel more confident about your chances if you had experienced criminal attorneys who work for you, and not the State.
My name is Tim Flaherty. I’ve been a criminal defense attorney in Fort Walton Beach since 2001. Brandy Merrifield is my partner. She has been working with me since 2007. Brandy and I focus 100% of our practice on criminal defense.
You only get one chance to get this right, so call Flaherty & Merrifield at (850) 243-6097 and get the help you need.
Should I Talk to the Police About My Drug Trafficking Arrest?
If law enforcement has contacted you about your drug trafficking arrest in Fort Walton Beach, the best advice we can give you is do not speak to them at any time. You are not obligated to speak to law enforcement. After you have been arrested for drug trafficking, you will likely become a target for the Okaloosa County Drug Task Force. They will view you as a way to trap other people engaged in drug activity. They will make you feel comfortable and secure, they will offer you deals and they will make you think that cooperation with their agency will mean a clean record. WRONG. Law enforcement officers will not make your arrest go away. They cannot fix the dilemma you are in. Don’t do their job for them.
Protect yourself by picking up the phone and calling Flaherty & Merrifield at (850) 243-6097.
Am I Going to Prison for Drug Trafficking in Fort Walton Beach?
If you are convicted of any trafficking offense you are facing a mandatory minimum sentence of at least 3 years in prison. The amount of prison time is determined by the type of drug and amount of drugs that were confiscated.
Florida Statute 893.135 governs drug trafficking penalties which include a hefty fine in addition to prison time. If convicted, you must be sentenced to the mandatory minimum sentence. There is no possibility for gain time or parole.
Common Drug Trafficking Limits in Fort Walton Beach
Drug trafficking is labeled by the amount of active ingredient. Trafficking is based on a person having more than a specified limit of that drug. Each type of drug holds a different limit to constitute trafficking. Listed below are the most common drugs that we see in Fort Walton Beach trafficking cases:
Cocaine
- Between 28 and 199 grams: mandatory sentence of 3 years in prison.
- 200 to 399 grams: mandatory sentence of 7 years in prison.
- 400 grams to 150 KG: mandatory sentence of 15 years in prison.
Heroin/Morphine/Opium
- Over 4 but less than 14 grams: mandatory sentence of 3 years in prison.
- 14 or more but less than 28 grams: mandatory sentence of 15 years in prison.
- 28 grams or more but less than 30 KG: mandatory 25 years in prison.
- 30 kg or more: mandatory life in prison with no provision for release except clemency.
Methamphetamine
- Between 14 and 27 grams: mandatory 3 year prison sentence.
- 28 to 199 grams: mandatory 7 year prison sentence.
- 200 to 399 grams: mandatory sentence of 15 years in state prison.
- Over 400 grams means you are facing life in prison.
Hydrocodone/Codeine
- 28 grams or more but less than 50 grams: mandatory sentence of 3 years in prison and $50,000.00 fine.
- 50 grams or more but less than 100 grams: mandatory sentence of 7 years in prison and $100,000.00 fine.
- 100 grams or more but less than 300 grams: mandatory sentence of 15 years in prison and $500,000.00 fine.
- 300 grams or more but less than 30 kilograms: mandatory sentence of 25 years in prison and $750,000.00 fine.
- 30 kilograms or more: Life in prison with no provision for release except clemency.
Oxycodone
- 7 grams or more but less than 14 grams: mandatory 3 year prison sentence and $50,000.00 fine.
- 14 grams or more but less than 25 grams: mandatory 7 years in prison and $100,000.00 fine.
- 25 grams or more but less than 100 grams: mandatory 15 year prison sentence and $500,000.00 fine.
- 100 grams or more but less than 30 kilograms: mandatory 25 year prison sentence and $750,000.00 fine.
- 30 kilograms or more: Life in prison with no provision for release except clemency.
Fentanyl
- 4 grams or more but less than 14 grams: mandatory 3 year prison sentence and $50,000.00 fine.
- 14 grams or more but less than 28 grams: 15 year mandatory sentence and $100,000.00 fine.
- 28 grams or more: 25 year mandatory prison sentence and $500,000.00 fine.
Ecstasy (MDMA)
- Between 10 and 199 grams: mandatory sentence of 3 years.
- 200 to 399 grams: 7 year mandatory prison sentence.
- 400 grams to 30 kilograms: mandatory sentence of 15 years in state prison.
- Over 30 kilograms means you are facing life in prison.
What Can a Fort Walton Beach Criminal Defense Attorney Do for Me?
A trafficking arrest may seem hopeless. By now you may think law enforcement has all the evidence they need to convict you and send you away to a mandatory prison sentence.
Flaherty & Merrifield has been defending drug cases since 2001. One of the things we have learned is that no case is hopeless. If the police made any mistakes in how they built their case, we will find them and exploit them to your benefit.
Here is just a quick overview of a few of the issues we will look at:
- Force the State to prove the charges against you
- Investigate law enforcement’s evidence
- Is there a video or audio to support their evidence?
- Is there another explanation for the drugs?
- Are there other persons involved?
- Discover if a confidential informant is involved
- File motions to keep evidence out
- How did the arrest occur?
- Did law enforcement come in to your home?
- Did law enforcement search your car?
- Were K-9 detection units used?
- Was the search warrant valid?
Contact an Okaloosa County Drug Crimes Attorney
If you or a loved one have been charged with a drug crime in Okaloosa County, call Flaherty & Merrifield today at (850) 403-6835 for a free consultation.
