Legal Question in Criminal Law in Florida
Is there a difference between having 10 hydrocodone pills(vicodin 5/500) & 13 pills, My son was charged with posession of hydrodocone after a routine traffic stop. Shortly after, It was changed to trafficking in hydrocodone 4-13 grams, He only had 10 pills but theyre saying he had 13, im just wondering if he only had 10 would it still be considered trafficking ?
2 Answers from Attorneys
The distinction is not based on the number of pills, but the total weight. Many times 10 pills will weigh in around 4 grams. Legally the distinction is huge, possession is a minor felony, but trafficking is a serious felony with a 3 year minimum mandatory prison sentence. The fact that the charge was changed is some indication that there may be issues with the charge. You should consult with an attorney.
What matters here is the weight of the pills. Whether they are 10 or 13 doesn't matter as much unless it is on the razor's edge as to weight. Possession of 4 grams or more is considering Trafficking with the 3 year minimum mandatory prison sentence. It is very possible that a person could have 4 grams or more of a drug if they only have 10 pills (for example, if each pill weighs half of a gram). Your son desperately needs a criminal defense lawyer.
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