Trafficking in Heroin

 

Trafficking Heroin can lead to serious prison penalties. Protect your interests by contacting Palm Beach County Bottari & Doyle Law Firm at 561-588-2781. If you have been arrested or charged with Drug Trafficking in Palm Beach County, Martin County or Broward County, contact a
Palm Beach criminal defense attorney from Bottari & Doyle, at (561)-588-2781 for a free consultation.

Definition of Trafficking in Heroin

  1. Pursuant to Florida Statute 893.15(3)(c)(1), a person commits drug trafficking when he or she:
  2. Knowingly sells, purchases, possesses, manufactures, delivers or brings into Florida, 4 grams or more of morphine, opium, or hydromorphone or 4 grams to 30 grams of any mixture containing those substances.

Penalties for Trafficking in Heroin

  1. 4 grams to less than 14 grams: 3 year minimum mandatory prison sentence, $50,000 fine.
  2. 14 grams to less than 28 grams: 15 year minimum mandatory prison sentence, $100,000 fine.
  3. 28 grams to less than 30 kilograms: 25 year minimum mandatory prison sentence, $500,000 fine.
  4. 30 kilograms or more: Life in prison.

Trafficking in Heroin is a first degree felony, punishable by up to 30 years in state prison, with the minimum mandatory sentences listed above. 

Defenses to Trafficking in Heroin

  1. Illegal Search or Seizure: Law enforcement must comply with the law prior to searching or stopping someone. If a police officer stops you without enough evidence to meet the required legal standard, then any drugs found on you or in your car may be suppressed. Suppression prevents the prosecutor from using any illegally obtained evidence against you in court, often forcing the prosecutor to dismiss the case.
  2. Insufficient Evidence to Prove Possession: There are two types of possession: Actual Possession and Constructive Possession. Constructive Possession is often difficult for the state to prove. In the following example, the state would have difficulty proving the defendant constructively possessed marijuana.

Example: The defendant drove his vehicle with a passenger in the front seat. The defendant’s vehicle is lawfully stopped by a police officer for speeding. The passenger pulls out a bag of heroin and places it by his feet. The police would have a hard time proving that the defendant had the ability to exercise control over the heroin.

Contact Us

If you have been charged or arrested in with Trafficking in Heroin, in Palm Beach County, Martin County or Broward County, contact a
Palm Beach criminal defense attorney from Bottari & Doyle, at (561)-588-2781 for a free consultation.