Experienced, Aggressive Defense
Over 60 Years Combined Experience
Handling All State and Federal Crimes
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If you have been arrested in Melbourne, Brevard County, or anywhere in Central Florida for drug trafficking it is absolutely essential that you retain an experienced, aggressive criminal defense attorney as soon as possible. The State of Florida has some of the toughest laws against drug trafficking in the country. Penalties for a drug trafficking conviction can range anywhere from several years to life in prison and include heavy fines. Retaining a criminal defense attorney with experience defending against drug trafficking charges is key!
Drug Trafficking is defined as the intentional to sale, purchase, manufacture, delivery, possession, or transportation into Florida of a certain quantity of drugs. Below are the MINIMUM amounts of certain drugs needed to support a trafficking charge in Florida:
Drug Trafficking charges in Florida are significant in that a conviction may result in substantial minimum/mandatory prison sentences and fines. Here are some examples of minimum mandatory prison sentences that one could face if convicted.
| Amount | Minimum Prison Sentence | Fine |
|---|---|---|
| 25 – 1,999 pounds or 300 – 1,999 plants | 3 years | $25,000 |
| 2,000 – 9,999 pounds or 2,000 – 9,999 plants | 7 years | $50,000 |
| More than 10,000 pounds or 10,000 plants | 15 years | $200,000 |
| Amount | Minimum Prison Sentence | Fine |
|---|---|---|
| 28 – 199 grams | 3 years | $50,000 |
| 200 – 399 grams | 7 years | $100,000 |
| 400 grams – 149 kilograms | 15 years | $250,000 |
| Amount | Minimum Prison Sentence | Fine |
|---|---|---|
| 4 – 13 grams | 3 years | $50,000 |
| 14 – 27 grams | 15 years | $100,000 |
| 28 grams – 29 kilograms | 25 years | $500,000 |
| Amount | Minimum Prison Sentence | Fine |
|---|---|---|
| 14 – 13 grams | 3 years | $50,000 |
| 14 – 24 grams | 7 years | $100,000 |
| 25 – 99 grams | 15 years | $500,000 |
| 100 grams – 29 kilograms | 25 years | $750,000 |
| Amount | Minimum Prison Sentence | Fine |
|---|---|---|
| 14 – 27 grams | 3 years | $50,000 |
| 28 – 49 grams | 7 years | $100,000 |
| 50 – 199 grams | 15 years | $500,000 |
| 200 grams – 29 kilograms | 25 years | $750,000 |
| Amount | Minimum Prison Sentence | Fine |
|---|---|---|
| 14 – 27 grams | 3 years | $50,000 |
| 28 – 199 grams | 7 years | $100,000 |
| More than 200 grams | 15 years | $250,000 |
Contact our office for more information on the particular charges in your case.
When a person is first placed under arrest for drug trafficking, that person and his/her family will face the first of many challenging obstacles: getting the person out of jail. In drug trafficking cases, it is not uncommon to see extremely high bond amounts anywhere from $100,000 up to even $1,000,000. Most people simply cannot afford to post bonds in these amounts. Under Florida Law, a person charged with drug trafficking is entitled to a bond which must be “reasonable”. Our attorneys have decades of experience in petitioning the Court to set reasonable bond amounts so that the client does not have to remain in custody when the case is pending.
Even if the accused IS financially able to post the bond, court sometimes order a “Nebbia Hold” to be placed on the defendant, which prevents him/her from immediately bonding out of jail. A Nebbia Hold requires a formal hearing in which a judge must make a formal determination that the funds used to pay the defendant’s bail come from a legitimate (lawful) source. Our attorneys are experienced in handling these “Nebbia Hearings”.
If you have not been arrested and you are merely suspected of drug trafficking by law enforcement, you should consult with a defense attorney as soon as possible so that the attorney can guide you through the pre-arrest investigative process and safeguard your legal rights. Police routinely employ investigative techniques such as controlled phone calls and non-custodial interrogations – all of which are designed to elicit incriminating information. By consulting with an attorney EARLY ON in the process and by educating yourself about your rights, you may greatly improve your chances of a successful resolution in the case. Attorneys Richard G. Canina and Richard A. Canina have the necessary experience to fully examine your case and provide you with aggressive representation throughout your drug trafficking case.
When examining the evidence in your drug trafficking case, our attorneys always scrutinize the circumstances of your arrest. Did law enforcement have a reason to stop and detain you? Were you found in either actual or constructive possession of the drugs? If there was a search conducted of your home, car, or person, was it a lawful search? Was the search performed without a warrant? If so, was there a valid, legal exception to the Fourth Amendment warrant requirement that would justify the search? If there was a search warrant, did the warrant sufficiently describe the places to be searched and/or the items to be seized? Did anyone else besides the defendant have access to the location in which the drugs were found? Are there any co-defendants, and, if so, did they make any statements to law enforcement?
A common issue in drug trafficking cases involving prescription drugs is the total weight of the drugs. Florida law defines the weight of a controlled substance as the total weight of the mixture within the controlled substance (total pill weight), not the amount of the actual controlled substance in each pill. For example, even if an oxycodone pill contains only 5 mg of actual oxycodone and 325 mg of acetominophen (tylenol), the total weight of the entire pill is weighed instead of the weight of the actual illicit substance. Courts have held that a defendant CAN be convicted based on the total weight of the pills including the filler substances, even though the actual, scientific, weight of the illegal substance is much less!
If you have been, or fear that you will be charged with drug trafficking in Brevard County, FL or Central Florida, it is vital that you immediately retain an experienced, aggressive criminal defense lawyer as soon as possible. Based in Melbourne, FL, our criminal defense attorneys have well over 4 decades of combined experience defending against drug trafficking charges all over the State of Florida. CONTACT The Canina Law Firm today for a FREE case evaluation.
The Canina Law Firm proudly defends all residents of Brevard County including Melbourne, Palm Bay, Viera, Cocoa, Titusville, Rockledge, and the Beaches. We also serve neighboring Volusia County, Orange County, Seminole County, Osceola County, and Indian River County.
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1901 S. Harbor City Blvd.
Suite 804
Melbourne, Florida 32901
