Bought Drugs from an Undercover Officer

[trajik]

My question involves criminal law for the state of: Florida

I was down in Florida on vacation with a friend and we decided to get some percs. She found a random guy online advertising selling pills and planned a deal to get some pills four days later cause the guy wasn't around. So the day came we did the deal and got arrested for Conspiracy to traffic and trafficking. First degree felonies. This was my first and only offense and first time going to jail. I can't afford a lawyer and my Public Defender won't talk to me until four days till my pre trial. I have no advice and am in the complete dark on this. We're looking at 3+ years in STATE PRISON not county and 50,000+ in fines. And thats the Min mandatory in Florida. What the hell am i going to do??? Or say?? Be honest with them and pray for sympathy or what?

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I just don't understand how this is trafficking..we don't sell drugs or ever have..We bought for personal use..

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really nothing from anyone?

[PTPD22]

Ok, so the underlying crime you are charged with is apparently:

Florida Statutes > Title XLVI > Chapter 893 > § 893.13 - Prohibited acts; penalties.--
(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.

Since you state that you are being charged as a 1st degree felony, then you must either be accused of trafficking in more than 10 gm or doing so in an enhancement area like around a school.

Now, since you were buying, rather than selling, how do you get charged with trafficking? Well, making a careful reading of the above statute, you will notice that it talks about possession "with the intent to sell, manufacture, or DELIVER, a controlled substance." Since you and your "friend" went in on this transaction together, you are considered to have "acted in concert" - meaning you both actively engaged in activity intended to facilitate the completion of the crime...the crime of possession. However, there is also a reasonable conclusion from your circumstances that you also intended to share the fruits of your illicit transaction - meaning once you got the drugs, you intended to share them with each other. Therefore, you are both equally guilty of possession and equally guilty of having the intent to DELIVER a part of the substance you illegally possessed with the other. So, you possessed with intent to deliver a controlled substance.

And, where does the conspiracy come in? For that, we need to look at:

Florida Statutes > Title XLVI > Chapter 777 > § 777.04 - Attempts, solicitation, and conspiracy
...
(3) A person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy, ranked for purposes of sentencing as provided in subsection (4).

Since both you and your "friend" willingly agreed to commit this crime together, you joined in a conspiracy.

As for advice for what you should do or say? The only competent answer to those questions are going to come from your public defender. 4 days prior to your prelim is plenty of time to strategize. Understand that these are serious charges and the legal process is likely to take months to shake out. Don't talk to anyone other than your attorney about anything having to do with your charges.

[aardvarc]

Agree. Florida has ZERO tolerance for this kind of stuff - which is why our prisons are bursting at the seams with two major categories of convicted felons - those who have committed multiple violent crimes, and those convicted on narcotics charges. As PT noted, the ONLY person you should be getting advice from is your public defender - they have the most info on your case as well as being the one who has rapport with the prosecutor and is aware of the sentencing habits of the local judges. They also have case loads ten or more times larger than private criminal defense attorneys, and they don't have time to do any hand holding - but, on the plus side, yes, 4 days (even 4 hours) is generally more than enough time to evaluate what evidence the state has against you and formulate a defense strategy. However, if you did it, you did it - and that doesn't leave a lot of room for a defense other than a potential plea down to whatever the state offers (best probable here is hoping for a possession-only charge).

And don't forget to be greatful that the drugs you were trying to buy online weren't really for sale. Do you have any IDEA what kind of crap ends up in fake or altered pills/drugs sold to idiots seeking medication from anyone other than a legit pharmacy? Stop by an emergency room or morgue some day to find out.

[trajik]

Well it was well under 8 gms so i don't know about that and the whole getting the pills together and splitting them making it trafficking is complete nonsense. Florida is so corrupt also the guy advertising the pills online was the cop. I understand what i did wrong and i take responsibility but im being railroaded big time.

[flyingron]

If you share the pills, or help another obtain them, or otherwise transfer them to someone else, it is DISTRIBUTION (trafficking). Despite the fact that you think it's no big thing, the state differentiates between your self consumption and you pushing them to others (whether for friendship or personal gain). As pointed out, Florida is serious about this. You need a lawyer.

[aardvarc]

the whole getting the pills together and splitting them making it trafficking is complete nonsense

The statute says what the statute says. Nonsense or not. That's the law you're going to be held to.

Florida is so corrupt also the guy advertising the pills online was the cop.

Nothing to do with corruption. It's called a "sting". No different than a cop pretending to be a child to catch predators, or cops pretending to be hookers to catch the customers who solicit for sex. You screwed up the minute you picked up the phone and took ACTION towards the commission of the crime of attempting to obtain narcotics without a prescription. You can be bitter about it all you want, but it doesn't change the legal fact that you're being charged with a felony that could keep you as a guest of the state for multiple years. Get offline and consult with your attorney.

[wysoy]

My question involves criminal law for the state of: Florida

I was down in Florida on vacation with a friend and we decided to get some percs. She found a random guy online advertising selling pills and planned a deal to get some pills four days later cause the guy wasn't around. So the day came we did the deal and got arrested for Conspiracy to traffic and trafficking. First degree felonies. This was my first and only offense and first time going to jail. I can't afford a lawyer and my Public Defender won't talk to me until four days till my pre trial. I have no advice and am in the complete dark on this. We're looking at 3+ years in STATE PRISON not county and 50,000+ in fines. And thats the Min mandatory in Florida. What the hell am i going to do??? Or say?? Be honest with them and pray for sympathy or what?

- - - Updated - - -

I just don't understand how this is trafficking..we don't sell drugs or ever have..We bought for personal use..

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really nothing from anyone?

You got what you deserved.
Stop committing crimes.

[trajik]

im sorry i dont commit "crimes" this was the first time i have ever got in trouble or dealt with anything like this. I know i deserve a punishment but i don't deserve my whole life to be taken away. Thats just evil.

[tc498]

A lot probably gonna depend on how much you picked up,your pd should help fill in the blanks. Chances are good your not gonna go to jail for the max sentence,some type of plea can be worked out. Hopefully the charge can be plead down to something with out a mandoray minium.