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Drug TraffickingDRUG TRAFFICKING
We also handle Drug Trafficking cases like Trafficking in Marijuana, Trafficking in Cocaine, Trafficking in Methamphetamines, Trafficking in Ecstasy (Mollies or MDMA) and Trafficking in Heroin. In Federal Court, Trafficking cases are called Possession With Intent To Distribute a controlled substance. For this web page we will refer to both types of cases as Drug Trafficking.
The primary difference between a Drug Trafficking and a simple possession charge is the weight of the controlled substance. The other difference is that unlike a simple possession charge, all Drug Trafficking charges and carry minimum mandatory prison sentences.
For example, possession of cocaine over 28 grams and under 200 grams or Possession of Ecstasy or MDMA over 10 grams and under 200 grams is the first level of Drug Trafficking in Florida state courts. This charge carries a three year minimum mandatory sentence if convicted. Possession of cocaine or Ecstasy/MDMA under 28 grams would just be a simple possession case and would not carry a minimum mandatory prison sentence.
The penalty for Drug Trafficking in Cocaine or Drug Trafficking in Ecstasy/MDMA between 200 grams and 400 grams is a seven year minimum mandatory prison sentence. The penalty for Drug Trafficking in Cocaine or Drug Trafficking in Ecstasy/MDMA over 400 grams (slightly less than half a kilogram) is a fifteen year minimum mandatory prison sentence.
The penalty for Drug Trafficking in Methamphetamines between 14 and 28 grams is a three year minimum mandatory prison sentence. The penalty for Drug Trafficking in Methamphetamines between 28 and 200 grams is a seven year minimum mandatory prison sentence. The penalty for Drug Trafficking in Methamphetamines over 200 grams is a fifteen year minimum mandatory prison sentence.
THE WAIVER OF MINIMUM MANDATORY SENTENCES IN FEDERAL DRUG CASES: THE SAFETY VALVE.
In Federal Court, the Attorney General has stated that the Government will not seek the imposition of minimum mandatory prison sentences (usually ten or twenty years in federal court) for defendants that are considered low level participants in a drug organization. The Federal Sentencing Guidelines have a provision called the "safety valve" which allows the court to accept a plea of guilty in certain types of Possession With Intent to Distribute cases and not impose the minimum mandatory sentence. The new policy of the Attorney General and the Justice Department should expand those cases where minimum mandatory sentences are not imposed. A client seeking a safety valve sentence in Federal Court must not have a prior record, the current charge must not have involved the use of a firearm, and the client must give a truthful statement about their actions in the case.
As a former Drug Trafficking prosecutor in the 1980's, Phil Reizenstein has the experience necessary to represent clients in Drug Trafficking cases.