Cocaine Possession Attorney in Okaloosa County
Cocaine Trafficking & Possession Defense
Okaloosa County, Florida Sheriffs are ramping up drug enforcement using every possible tool in their arsenal. From “pretextual stops” and “plain smell” searches to drug sniffing dogs. They are targeting cocaine, marijuana, prescription pills and medications in Destin, Fort Walton Beach & throughout Okaloosa County.
Florida has what amounts to a zero tolerance approach to drug enforcement. The focus of the legislature historically has been to prosecute and punish drug crimes to their fullest extent. The punishments, however, do not necessarily fit the crimes. Minimum mandatory sentences are the norm for cocaine possession, and that puts more pressure on defendants and their attorneys to find a way to eliminate evidence through litigation tactics and technical defenses like Motions to Dismiss and Motions to Suppress.
Under Florida law, the term “Trafficking” does not necessarily correlate to selling, distributing, manufacturing, delivering, transporting, or dealing in drugs. Most people would intuitively think that to be a drug trafficker, that you must commit a crime having to do with the movement and dealing of drugs. Unfortunately, you would be wrong under Florida’s super-broad, overreaching drug enforcement laws regarding cocaine possession.
If the amounts of cocaine in your “possession” exceed a certain amount, you’re charged with “Trafficking” in Okaloosa County.
Possession & Cocaine Trafficking Amounts
Cocaine in powder or crack form is one of the most common (Schedule 1) drugs in Florida; and no matter which form it is in, the penalties are the severe….and are always felony charges.
To qualify for cocaine trafficking, the weights/amounts are:
28 grams or more but less than 200 grams = 3 year minimum mandatory prison sentence and a $50,000 fine.
200 grams or more but less than 400 grams = 7 year minimum mandatory prison sentence and a $100,000 fine.
400 grams or more = 15 year minimum mandatory prison sentence and a $250,000 fine.
150 kilograms or more = minimum mandatory life imprisonment (life felony).
As you can see, this is serious business.
If you have been arrested for cocaine possession or trafficking in Okaloosa County, including Fort Walton Beach or Destin, call Lupella & Rehr at (850) 362-6655. The call is FREE. Let’s discuss your situation and what we may be able to do.
For more information, see this site on the Florida penal code for cocaine possession & trafficking