What Should You Do If Arrested For A Drug Trafficking Charge?

In Florida trafficking in marijuana, cocaine, heroin, oxycodone or other controlled substances, among other things are based on the weight/amount of the drugs involved. For example, the trafficking thresholds are 25 pounds or 300 plants for marijuana, 28 grams or more for cocaine, 4 grams of heroin are the required threshold for trafficking charges…

These trafficking charges are obviously more serious than possession or sale charges and unfortunately, based on the amount of drugs involved, the higher the standard bond will be after a person is arrested. It is not unusual and fairly typical for a person arrested for a drug trafficking charge to have an initial/standard bond set at $250,000 to $750,000, the amount of which is out of reach for most people.

If a firearm is involved the charge is even more serious and no bond is set after arrest.


Finally, these drug trafficking charges carry minimum mandatory sentences if convicted, the length of which is also determined by the weight/amount of the drugs involved. For example, 28 grams or more of cocaine but less than 200 grams carries a 3 year minimum mandatory sentence, more than 200 grams but less than 400 grams carries a 7 year minimum mandatory sentence and over 400 grams carries a 15 year minimum mandatory sentence.

So knowing all of this what should a person do if he or she is arrested and charged with a drug trafficking offense?

First, do not talk to anyone on the phone or in the jail about any aspect of the case. That includes friends, family or fellow inmates. Why? Because all jail calls are routinely recorded and the last thing you want played back at trial or in a court hearing are audio recordings of you making any admissions about your involvement in this case. Also, your cell mate or a fellow inmate may talk to you and then call police or the prosecutor and use the information you told them to make a deal for himself or herself and obtain benefits in their case.

Next you need to seek out and hire an attorney who specializes in criminal law and more importantly, drug trafficking charges.

This experienced attorney can immediately go to court and request a bond reduction and obtain your release from jail as soon as possible.

In most cases I have been able to have my clients’ bonds reduced from the $250,000-$1,000,000 first set by the Court to affordable amounts ranging from $25,000-$100,000 depending on the amounts of drugs seized and the clients’ prior records.

Very recently a client of mine was arrested for trafficking in cocaine in an amount in excess of 200 grams but less than 400 grams. His bond was initially set at $250,000 which he was unable to post and obtain his release from jail. Within days I was able to file a motion to reduce his bond, schedule it for hearing and have several family members present in court to testify before the judge. At this hearing I was able to convince the judge to reduce my client’s bond to $50,000 and within hours he was released from jail pending trial.


Also, an experienced attorney in this area will know what investigation needs to be conducted, what evidence there is against you and file the appropriate motions to have evidence excluded and attempt to obtain a dismissal of your case or an acquittal at trial.

I have been practicing criminal law exclusively for more than 37 years and have handled significant and serious drug trafficking charges in State and Federal Court throughout the State of Florida and in more than 25 states during this time period.

I am very familiar with all aspects of these cases from bond hearing through trial and have achieved very favorable results for numerous people throughout Florida and the country.

In many instances I have achieved these favorable results for clients who came to me after their lawyer told them the case was hopeless and there was nothing they could do to try and obtain a dismissal or acquittal and were attempting to convince the client to plead guilty and go to prison.

For example, I represented an individual several years ago that was charged with trafficking in cocaine in excess of 400 grams. He was brought by a paid confidential informant to an undercover police warehouse where he was video and audio taped handing over $75,000 to an undercover police officer and receiving 3 kilograms of cocaine in return.

After extensive investigation and taking sworn statements from the police officers involved I was able to confirm that the informant was paid 20% of the seized $75,000 or approximately $15,000 by police.

With this information, I filed and won a motion to dismiss all charges against my client. I was even able to have the seized $75,000 returned to my client based on this dismissal, even though he had brought and given this money to police to buy 3 kilograms of cocaine.

The prosecutor appealed this case to a higher court and again we won and the dismissal stood.

Because the client quickly hired me and because of my experience in these types of chases I was able to take a hopeless case, where the client was literally caught “red handed” and obtain a dismissal of all charges and the return of his money.