Definition of Trafficking in Cocaine

Florida statute 893.135(1)(b) defines the crime of cocaine trafficking as anyone who:

  1. Knowingly possessed, sells, purchased, manufactured, delivered, or brought into Florida
  2. The Substance was cocaine 
  3. The Cocaine or mixture containing cocaine weight is 28 grams or more. 

To prove the element of knowingly possessed, the government must prove that the defendant knew of the existence of the substance and intentionally had control of the substance.   The crime of cocaine trafficking can be found in Florida statute 893.135 which covers cocaine trafficking, mandatory sentences, suspension or reduction of sentences, and conspiracy to engage in trafficking.  The Florida Statutes also classifies cocaine as a Schedule II drug.

The Penalties for Cocaine Trafficking in Orlando, Florida

The penalties for cocaine trafficking in Florida depend on the amount of cocaine the defendant is accused of possessing. Potential penalties for cocaine drug trafficking include mandatory prison time and significant fines. Florida has created minimum mandatory sentencing for cocaine trafficking convictions, to include the following:

  • Possession of 28 grams of cocaine or more but less than 200 grams; three-year minimum mandatory sentence and a $50,000 fine
  • Possession of 200 grams of cocaine or more but less than 400 grams; seven-year minimum mandatory sentence and a $100,000 fine
  • Possession of 400 grams of cocaine or more but less than 150 kilos; 15-year minimum mandatory sentence and a $250,000 fine
  • Possession of more than 150 kilos; life imprisonment

Driver’s License Suspension and Profession License Suspension

A Trafficking in Cocaine conviction will also result in collateral consequences after the sentence.  In Florida, if you are convicted of a Trafficking charges, you are subject to a revocation of your Drivers license for 6 months. (Florida Statute 322.055) and potential disciplinary action by the licensing state agency. A state agency shall initiate an immediate emergency suspension of an individual professional license upon conviction for trafficking in a controlled substance.  (Florida Statute 893.11

Potential Defenses for Cocaine Trafficking Charges

After reviewing your case, Moses & Rooth will determine the best legal defenses to your cocaine trafficking charges. Potential legal defenses to cocaine trafficking charges include the following:

  • Law enforcement entrapped you into committing the crime – Entrapment
  • Fourth amendment violation due to unlawful search and seizure – this could be an unlawful search by law enforcement of your vehicle or an unlawful search of your pockets. 
  • There is not enough evidence to prove the charges
  • Law enforcement incorrectly measured the amount of cocaine involved
  • Mere proximity to the cocaine does not establish possession
  • Temporary possession
  • Knowledge is required.  In actual possession the knowledge is presumed, however in constructive cases the knowledge of the Cocaine is not presumed.

How an Attorney Can Assist You in Drug Trafficking Charges

Cocaine trafficking charges are extremely serious in Florida. Prosecutors fight hard to make sure they receive guilty verdicts and have defendants sentenced to the minimum mandatory as often as possible. If you are facing cocaine trafficking charges, Moses & Rooth can fight for your rights throughout the criminal process. 

Contact Our Orlando Drug Trafficking Defense Lawyers Today

If you are facing Florida drug trafficking charges, it is essential that you hire an experienced and aggressive criminal defense lawyer as soon as possible. Contact the Orlando criminal defense lawyers at Moses & Rooth today to schedule your initial consultation. 

Possession of Cocaine Resources

Florida Statute 892.135(1)(b) – Cocaine Trafficking Statute
Florida Statute §893.13(6)(a) – Possession of controlled substance statute
Florida Statute 893.03(2)(a)4 – Cocaine is a Schedule II controlled substance
Florida Statute 322.055 – driver’s license suspension for drug conviction
Florida Statute 893.21 – overdose possession
Florida Statute 777.201 – Entrapment Statute
Florida Statute 893.11 – Profession License Suspension Statute
Florida Jury Instructions 25.7(a)  – Trafficking in Controlled Substance jury instructions

Cocaine Street Terms:

Blow, coke, Big C, Crank, Line, Rail, Snow, Powder, Stash, Bump, Pearl, Snow White, Sleigh Ride, White Mosquito, white powder, flake, icing, pearl, and snow cones

Cocaine Trafficking Charges in Orlando, Florida: Frequently Asked Questions (FAQs)

What Should I Do If I Have Been Arrested for Cocaine Trafficking?

At the Orlando, Florida, law firm of Moses and Rooth Attorneys at Law, we understand the confusion that can occur when you attempt to sell cocaine to an undercover cop or are pulled over while in possession of cocaine, then face cocaine trafficking charges. We bring more than 30 years of combined experience helping clients facing mandatory prison time and fines that come with a cocaine trafficking conviction.

If you or your loved one was arrested for cocaine trafficking in Central Florida, the first thing you need to do is to contact an aggressive criminal defense lawyer. Serious drug trafficking charges are brought against people who are struggling with addiction. The punishment associated with these charges can be extraordinarily harsh. As there are mandatory minimum sentences in cocaine trafficking cases, defendants need to get an experienced Orlando drug charges defense lawyer by their side as early as possible in their case.

What are the Legal Penalties for a Cocaine Trafficking Charge?

If you are convicted of cocaine trafficking in Central Florida, you will face very serious penalties.  Penalties for a conviction can be found under Florida Statute Section 893.15. Notably, the Florida Legislature has created minimum mandatory sentencing for cocaine trafficking offenses:

  • Possession of 28 grams of cocaine or more but less than 200 grams; three-year minimum mandatory sentence and a $50,000 fine
  • Possession of 200 grams of cocaine or more but less than 400 grams; seven-year minimum mandatory sentence and a $100,000 fine
  • Possession of 400 grams of cocaine or more but less than 150 kilos; 15-year minimum mandatory sentence and a $250,000 fine
  • Possession of more than 150 kilos; life imprisonment

Were My Legal Rights Violated?

Unfortunately, in far too many cases, state and local law enforcement officers violate the rights of suspects.When police pull over cars and search vehicles and people, they can make mistakes. We can investigate your arrest and work to answer key legal questions. Was the search and seizure conducted legally? Was the vehicle stop legal? How were phone calls intercepted? Were wiretaps obtained lawfully? Was a search warrant obtained prior to the search of a home or storage site? Are you the victim of entrapment? Has law enforcement discussed opportunities for substantial assistance? Our track record for having charges reduced or dismissed in drug crime cases includes hundreds of successes. 

How Will a Drug Charge Defense Attorney Help?  

The appropriate defense strategy in a cocaine trafficking case will depend entirely on the specific circumstances of the arrest. It is important to remember that a conviction for cocaine trafficking comes with mandatory minimum sentences. For this reason, strong action must be taken to avoid a conviction or guilty plea on this specific charge.

Unfortunately, many people who do not make any actual profit on cocaine sales or distribution are hit with life-altering drug trafficking charges. In these cases, it is imperative that the defendant gets our Orlando criminal defense attorneys by their side as soon as possible. We will start by reviewing all available defenses, including:

  • The violation of your rights, including illegal searches;
  • The viability of an entrapment defense; and
  • Whether youthful offender status is available.

Our legal team is always ready to aggressively fight back against false charges. In addition, our Orlando drug crimes defense lawyers are also prepared to work with the prosecution to get the cocaine trafficking reduced or dismissed. In many cases, getting the drug trafficking charges downgraded is the best way to protect the rights and interests of our clients.  

Can I Bond out of Jail if I get arrested for Drug Trafficking?

Yes, you are entitled to a bond and can be released from jail after an arrest for trafficking in Cocaine. However, the Court will often set a very high bond after the arrest.  We are able to file a formal motion to reduce the bond and have the bond reduced to a more reasonable figure. We suggest that if you or a loved one is arrested for cocaine trafficking that you consult with one of our attorneys before posting the bond so we can discuss the options specific to your case.

Contact Our Orlando Cocaine Trafficking Defense Lawyers Today

At Moses & Rooth, our experienced Orlando drug trafficking defense attorneys have experience handling cocaine cases. If you or a family member has been charged with cocaine trafficking in Central Florida, please call our Orlando law office at (407) 377-0150 for a free, fully confidential consultation.