(177) What’s the difference between Drug Possession & Trafficking in FL? Haber Criminal Defense

April 4, 2017 / Michael A. Haber /

Thank you for asking me “What is the difference between Drug Possession and Trafficking in FL?”

In FL “possession” is defined as “having, holding or exercising power or control over some item”, and in the context of controlled substances it means that you either knowingly had drugs on your person or that you were caught close enough to the drugs for the law to consider you to have constructively been in possession.

The difference between mere possession and trafficking boils down to nothing more than weight. There are no extra requirements, no legal technicalities and no magic words… it simply boils down to the weight of the substance.

Lets take cocaine for example. Possession of any amount of cocaine is a felony in FL. But if you possess one ounce – 28 grams – or more of cocaine then you have crossed the line from mere possession (which is a 3rd degree felony punishable by up to 5 years in prison) to trafficking (which is a 1st degree felony punishable by up to 30 years in prison).

So trafficking is essentially super-possession. It merely jacks up what would otherwise be a 3rd degree felony into a 1st degree felony.

Apart from adding an additional 25 years to the potential sentence trafficking charges also carry “minimum mandatory” penalties meaning that if you are found guilty then, absent a statutory basis for departure, the court is required to sentence you to a prison term which must be served day for day, without any gain time or time off of your sentence for good behavior.

Trafficking minimum mandatory sentences also increase based on the weight of the substance in question.

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
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E-Mail: [email protected] / [email protected]
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Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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