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Naples, Florida

Can a trafficking charge be reduced?

On Behalf of | Feb 24, 2022 | Drug Charges

Trafficking means moving a particular amount of drugs across a border. Drug charges include selling, purchasing, delivering, manufacturing or crossing a border. Depending on the situation, there are different levels of felonies in Naples, Florida. There are circumstances where reducing trafficking charges may be appropriate.

Levels of drug trafficking charges

Felony cannabis trafficking drug charges start at 25 pounds of cannabis or more. Trafficking over 25 pounds of cannabis or 300 plants has at least a sentence of three years and a $25,000 fine. Trafficking over 2,000 pounds of cannabis or 2,000 plants has at least a sentence of seven years and a $50,000 fine. Trafficking over 10,000 pounds of cannabis or 10,000 plants has at least a sentence of 15 calendar years and a $200,000 fine.

Drug charges for trafficking or selling have different penalties. Trafficking cocaine carries greater fines and smaller mandatory sentences. Trafficking oxycodone carries the same mandatory sentences as cannabis but greater fines. Oxycodone has a fourth felony level for over 100 grams; trafficking oxycodone has at least a sentence of 25 years and a $750,000 fine. Trafficking fentanyl has the same mandatory sentence as oxycodone but lower fines. There are many illegal narcotics under Florida law, and each carries individual penalties.

Reducing drug trafficking charges

Anyone with a mandatory sentence isn’t eligible for early release. A pardon, conditional medical release or executive clemency may reduce a judge’s mandatory sentence. The state attorney has the power to speak with the sentencing court to suspend or reduce the sentence of a person convicted of drug trafficking.

The defendant may be asked to help the state’s case by identifying accomplices, accessories or conspirators. The agency can ask the person to testify against the accomplices, accessories or conspirators to help convict them. The arresting agency has an opportunity to speak about a reduced sentence before sentencing. The judge can view the agency’s testimony before making their decision. The judge may then reduce or suspend the sentence.