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  1. #1
    Join Date
    Jul 2011
    Posts
    2

    Default Using an Entrapment Defense for Drug Trafficking Charges

    My question involves criminal law for the state of: Florida
    My son, 23, was arrested as a drug trafficker in 2010. He was arrested in October for an offense that supposedly happend in July. It was part of a drug bust in the county. His best friend (?) came to our home, asked my son for hydrocodone (which I have a prescription for - lowest dose .5) and my son gave him 22 pills. His best friend turned out to be a CI and was wired. My son never went out to buy pills to sell and never went out to sell pills. His friend asked for the pills. His friend also knew I had prescriptions as he was at our house frequently.
    Son arrested, in county jail for 4 months because of $30,000 bond. PD as his attorney. Arrested in October, weight of pills was not released until July. Was sentenced March 2011. I read the case files and it said that my son and the CI had discussed money, but at an earlier time and it was not taped. From the time he was arrested until the sentencing he went through 2 judges (first one retired), 2 state attorneys (first one was fired) and 2 PD's (first one quit). PD scared us enough to accept a plea, which he thought was for the minimum - 3 years. I wrote a letter to the judge prior to the sentencing and then found out on the day of the sentencing that he "doesn't read letters". The day of the sentencing was the first time in over 2 months that my son saw his PD. About 10 minutes before the sentencing his PD talked to me and said he "could have fought the state, but...." - Exactly that, left it at but.
    My son was sentenced to 7 years. His PD was in the elevator with me when I left the courtroom and kept saying "I'm so sorry, so sorry....". I know now that the friend came to my son because he needed something to turn over for his arrest. He has been in and out of trouble for years, and was a fugitive right after my son was arrested. He knew that my son would not have to leave the house to get what he wanted. Now, granted, I know my son messed up - but - 7 years for a first time offense? He is under minimum security in a work camp.
    Is there anything we can do to start a post appeal? Is it too late to prove ineffective counsel (through both PD's)? I have been trying to find a pro bono lawyer, I have no money and am living on Unemployment. Is there entrapment involved here? We know he did a very stupid thing, but 7 years? I'm not even sure I'll be alive by the time he gets out and he will not be a very productive member of society if he stays in there that long.
    I would appreciate any serious thoughts and/or suggestions.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: First Time Offense, Entrapment, Post Appeal

    Unfortuanately for you guys, his friend asking for pills and your son accomodating his request does not constitute entrapment. Not the way you've explained it at least. There may be a history that you don't know about as well. Entrapment would be if law enforcement enticed him into doing something that he would not normally do. There is no evidence of that. It was a friend that requested drugs and it appears that he willingly and knowingly accomodated a request of that friend.

    Not trying to sound trite, but it appears that there is a mandatory sentence for the illegal sale or distibution of hydrocoodone. If you can come up with a constitutional question as to your son's sentence, you may stand a chance of getting an appeal. Otherwise, it's not looking good for him. Consult a lawyer. There really is no proof of ineffective counsel from what you've written.

  3. #3
    Join Date
    Jul 2011
    Posts
    2

    Default Re: First Time Offense, Entrapment, Post Appeal

    Thanks for the reply. I needed to hear from someone outside of the situation. Thanks again.

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