Orlando Lawyers Describe How to Avoid Mandatory Minimums for Drug Charges

Drug charges in Orlando, and across Florida, often come with harsh mandatory minimum sentences. Even for minor drug possession charges, defendants can face years behind bars thanks to Florida’s strict drug laws. As an Orlando drug crimes defense lawyer, I often have clients facing serious mandatory minimums for drug charges that may not fit the crime.

While mandatory minimums are designed to punish drug crimes, they can sometimes punish people who don’t deserve such harsh sentences. As a defense lawyer, my job is to humanize my clients and show prosecutors and judges that mandatory minimums would be an excessive punishment in certain cases. I have successfully helped clients avoid mandatory minimums through various legal strategies.

How Mandatory Minimums Work in Florida

Florida law sets mandatory minimum prison sentences for a variety of drug charges based on the type and weight of the drug involved. For example, possession of more than 10 grams of heroin, 28 grams of cocaine, or 25 pounds of marijuana all trigger a 3-year mandatory minimum sentence. Trafficking and selling drugs leads to even longer mandatory minimums of 15 years, 25 years, or life in prison depending on the drug and quantity.

Judges have no discretion to lower sentences below the mandatory minimums, except in very rare cases. The only way around them is through legal strategies aimed at reducing or dismissing charges completely.

Common Defenses Against Mandatory Minimum Drug Sentences

As an Orlando drug crimes lawyer, I have successfully defended clients against mandatory minimums using a variety of legal defenses and arguments. Here are some of the most common ways I’ve helped clients avoid harsh mandatory sentences:

Illegal Search and Seizure

If the police violated your 4th Amendment rights by searching you or your property without probable cause or a warrant, any evidence found may be excluded. Without that evidence, the prosecution’s case falls apart and charges must be lowered or dismissed.

Invalid Traffic Stop

Similarly, if the police pulled you over without reasonable suspicion of a traffic violation or crime, the subsequent search and discovery of drugs may be deemed illegal. Again, this leads to exclusion of evidence and dismissal of charges.

Insufficient Evidence

Even with a legal search and seizure, the prosecution may lack sufficient evidence to prove the charges beyond a reasonable doubt. Weak forensic evidence, lack of fingerprints, or shaky testimony from informants can all create reasonable doubt.

Sentencing Entrapment

This occurs when the police go too far in encouraging or coercing you to buy or sell larger drug quantities in order to trigger lengthier mandatory minimums. This may constitute entrapment and lead to reduced charges.

Minimal Role Reduction

Those who played a minimal or minor role in a drug conspiracy or trafficking organization can argue they do not deserve the lengthy mandatory minimums. Prosecutors may agree to reduce the charges.

Substantial Assistance Reduction

Providing “substantial assistance” to prosecutors by testifying against co-defendants or providing information can also lead to reduced charges and avoidance of mandatory minimums.

Drug Court Diversion

First-time offenders may qualify for drug court, which allows for charges to be dismissed upon successful completion of drug treatment and probation. This avoids both jail time and a criminal record.

Don’t Face Harsh Mandatory Minimums Without an Attorney

Florida’s mandatory minimum drug sentences are nothing to take lightly. Even simple marijuana possession can lead to years behind bars if you have the wrong judge or prosecutor. Don’t let a small mistake haunt you for life. An experienced Orlando drug crimes lawyer can mean the difference between a slap on the wrist or hard time in state prison.