Legal Question in Criminal Law in Florida

Pill Weight

My boyfriend was charged with trafficing (28 grams or more)for having 50 ectacy piils in a little bag. Is the actual weight equal to what they chrged him with?


Asked on 9/13/08, 9:14 pm

2 Answers from Attorneys

Thomas Rosenblum Rosenblum Law Offices

Re: Pill Weight

Hello:

I read your question and the one response. He is right that the entire weight is what determines the charge. You can get the statute # from the charging documents. Then, you can google Florida statutes and look up that statute for a full description of the weight limits and the sentences. There is a minimum mandatory as the other atty. states, however, if the person has no prior record, the State may waive the minimum if he wants to plead to some State prison.

I know that's not good to hear. I recently had a year long trafficking case involving ectacy pills...we had to plead to the charge to avoid getting hammered at a trial. He had to get a State prison sent.

This is serious. He should fight the case by taking depostitions of the State's witnesses, possibly filing Motions to keep any evidence of a confession out, or to see if there is a possible Motion to keep out the actual drugs (if ther was some illegal activity by the police in the search or some other activities. good luck. Tom Rosenblum

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Answered on 9/14/08, 1:15 pm
Aaron Slavin Slavin Law Firm, LLC

Re: Pill Weight

You and your boyfriend are going to need to hire an experienced criminal trial attorney immediately. Drug Trafficking charges in the State of Florida are punished very, very severely. Please visit my website at: www.slavinlawfirm.com to where I have an entire section on drug charges and drug trafficking.

Please know that the pills/drugs are weighed in their entirety and the State can charge him for the total amount or "a mixture thereof." Essentially, if the MDMA (ecstacy) only weighs 2 grams but the entire weight of the pills is 30 grams (including all of the filler substances that are not illegal or controlled substances), he will be charged with the total weight.

I can tell you that his charge will have a mandatory/minimum prison sentence, which is 3 years - day for day (no credit for good or gain time).

If you would like to discuss this further, please feel free to call my office line (which is currently forwarded to my personal cell phone), or email me at the listed address below.

Good luck. This will not be a fun journey for the two of you.

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Answered on 9/13/08, 10:12 pm


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