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  1. #1
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    Jun 2009
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    Default Trafficking Oxycodone > 28g

    My question involves criminal law for the state of: Florida
    A friend of mine was offered a plea for a 25 year mandatory minimum and I am wondering if there is a possibility to plead down the charges for his trafficking statute, being that he is a first time offender.

  2. #2
    Join Date
    Jul 2007
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    Florida
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    Default Re: Trafficking Oxycodone > 28g

    If he doesn't plead guilty he will get 25 years. So why would he plead guilty in exchange for 25 years? He needs a lawyer very very badly. For example, they wll include the weight of the pill rather than analyze the amount of oxycodone in the pills, and with no lawyer to challenge what they're doing, he will definitely get the short end of any negotiation. If he has the means to hire an attorney he should do so. If not, the court appointed lawyer will have to suffice but he should not be talking to anyone about anything at this point except his lawyer.

  3. #3
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    Jun 2009
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    Default Re: Trafficking Oxycodone > 28g

    When I said plead down charges, I meant if there is anyway for the prosecutor to drop the trafficking charge to a lesser offense.

  4. #4
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    Mar 2007
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    Default Re: Trafficking Oxycodone > 28g

    Quote Quoting zero123
    View Post
    When I said plead down charges, I meant if there is anyway for the prosecutor to drop the trafficking charge to a lesser offense.

    We cannot predict the future... but the chances improve with an excellent attorney.

  5. #5
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    Jul 2009
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    Default Re: Trafficking Oxycodone > 28g

    Do I now you Zero123? This sounds like my son's case. Anyways...

    Under the U.S. Controlled Substance Act of 1970 the Federal Penalty (Under Title 21, Chapter 13, Subchapter 1, Part D) is a 5 year sentence for 100 grams or more and less that 1 kg. I believe this is also affected by the US sentencing Commission report of May 2003 that further takes into account ONLY the amount of the Oxycodone in the pill and not the whole weight of the pill. In this Florida case, if it is my son's, the charge of purchasing 48 tylox with 5mg of oxycodone each is a total of .24 grams.

    How can the State of Florida impose a minimum 25 year sentence for .24 grams when under Federal Law 100 grams would be a 5 year sentence?

  6. #6
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    Jun 2009
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    Default Re: Trafficking Oxycodone > 28g

    If the prosecutor can only take the weight of the oxycodone in the tablets, it would be far less than 4 grams which would just reduce it to possession. But they decided that tylenol, which is also a part of the pill mixture, should also be added with the weight count. I hope the lawyer can argue for a better despostion, its his first offense and he made a very, very terrible mistake..

  7. #7
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    Jul 2009
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    Default Re: Trafficking Oxycodone > 28g

    Do any lawyers actually read these?

    I also have a problem with Florida Statute 893.135(1)(C)(1)(C) as my son is being prosecuted for the full 25 years, the state attorney is not offering any plea. He purchased 48 Tylox which only has 5mg of Oxycodine and A huge amount of Acetaminophen, he is an addict due to a WC doctor prescribing hm Muscle relaxers and pain pills for 2 years, no prior record,not sure why the state atorney has such a hard on to burn him.

    Ok, now I found the florida supreme court ruling on State v. Hayes, 720 So. 2d 1095 (Fla. 4th DCA 1998) where this ladies case was dismissed and the Florida supreme court upheld the ruling. She was dealing with Loritab containing Hydrocodone. The deal is that the standards and schedules statute 893.03 catergorized it as a schedule III because of the other ingredients and that Trafficing is only for schedule II. Sooooooo in this case under this precedent why coudn't the case be dismissed under 893.03(5)(a)5 "not more than 100mg of opium per 100 gram" The OXicodone, a opium deriviative is 5mg of the total pill weigt of .68 gram.

    Further, the legislature signed Chapter 2003-10 committee substitute for senate bill No 160 into law, signed by the governer stating that State v. Hayes, 720... correctly construes legislative intent. They are not lookin to inprison drug addicts for trafficing, Orange County Florida is full of zealous law enforcement and prosecters...ugg can anyone PLEASE help me?

  8. #8
    Join Date
    Jun 2009
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    4

    Default Re: Trafficking Oxycodone > 28g

    To answer your question on why they don't seperate the acetaminophen from the whole mixture is because the charges that the individuals are facing are state charges, not federal.

  9. #9

    Default Re: Trafficking Oxycodone > 28g

    Can you let me know what the outcome was of your son and friend. I am sorry to say that I am going thru this now. My step son is in jail now for traffcing oxycodone. The charges are out of orange co as well. I am open to any advice you can offer.

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