“Minimum Mandatory” are probably the two scariest words that any of my clients or potential clients can here. There are a lot of misconceptions about what the term means and what can be done to avoid having to serve a minimum mandatory sentence. Also, when it comes to cases involving the trafficking of drugs the minimum mandatory sentence depends on the type of drug and the amount recovered by police.
The term “Minimum Mandatory” sentence, generally speaking, is the minimum sentence that a judge can impose on a case, without the consent of the prosecution, or without finding a legally justifiable reason to impose a more lenient sentence, for example, imposing a youthful offender sentence or even juvenile sanctions. The bottom line is that the minimum mandatory sentence statute is designed to take discretion away from the judge (and the prosecutor) and force the imposition of the minimum sentence. This can lead to an extremely harsh sentence for someone who has no prior criminal record and is the reason why many people believe it to be so unfair and unjust. Watching the proceeding in the criminal court house in Miami on any given day, one sees case after case, in which the judge, defense attorney, and the prosecutor speak openly about whether to impose a “Min / Man” sentence or whether there can be agreement to impose a lighter sentence. This discussion comes up often in the context of drug trafficking cases.
In order to be considered a drug trafficker in Florida, you don’t need to be in charge of a drug dealing operation, you don’t have any prior convictions or even arrests for possession or the sale of drugs. Florida law simply requires that you be in possession of a certain amount of drugs, and that alone, is enough to label someone as a drug trafficker. The amount and type of drugs needed in order to qualify as a drug trafficker are outlined in section 893.135 of the Florida Statutes.
The statute outlines the following minimum mandatory sentences, SEE CHART BELOW FOR MIN /MANS involving Marijuana; Meth/Amphetamines; Cocaine, and Oxycodone:
3 YEAR MINIMUM MANDATORY SENTEN CES :
Marijuana 25 or more pounds (or 300 plants) but less than 2,000 pounds
Meth/Amphetamines: 14 to 28 grams
Cocaine 28 to 200 grams
Heroin/Oxycodone 4 to 14 grams
7 YEAR MINIMUM MANDATORY SENTENCES
Marijuana 2000 or more pounds but less than 10,000 pounds (or 2000 plants)
Meth/Amphetamines: 28 or more but less than 200 grams
Cocaine 200 grams or more but less than 400 grams
15 YEAR MINIMUM MANDATORY SENTENCES
Marijuana 10,000 or more pounds (or 10,000 plants)
Meth/Amphetamines: 200 grams or more
Cocaine 400 grams or more but less than 150 kilograms
Heroin/Oxycodone 14 grams or more but less than 28 grams
These are only an example of the different types of drugs and minimum mandatory sentences that can apply. There are other drugs which are listed in the statute.
Although the potential sentences can be very serious, this does not mean that all is lost. There are several ways to avoid these mandatory minimum sentences. Obviously, the best way is to prove your innocence. Many times people are arrested and charged with trafficking who really had nothing to do with the drugs. This leads to the defense of “mere presence.” A quick example could be, a person invited to a friend’s house and upon arriving, the police raid the place and find a stash of drugs. Another defense in a drug trafficking case can be to attack the manner in which the police found the drugs, either through an illegal search of the house or car, or the illegal detention or arrest that results in the search. One common example is a search of a car that was initially stopped for a simple traffic infraction and the police officer detains the car for a substantial amount of time in order to bring a police dog to the scene and perform a “sniff.” Generally speaking, a police officer can only detain a vehicle for a simple traffic infraction for the time necessary to write the ticket, and must then let the driver leave. The stop becomes illegal when the officer detains the person for more time than is necessary to complete the citation process.
In summation, there are a variety of valid defenses to the very serious charge of drug trafficking. If you or someone you know has been arrested for drug trafficking, or is being investigated, do not hesitate to contact our office for a free consultation. Our attorneys are experienced with these types of cases, and can help you avoid the imposition of those minimum mandatory sentences.
