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Articles 2015 January Mandatory Minimums Being Reconsidered for Some Florida Drug Crimes
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Mandatory Minimums Being Reconsidered for Some Florida Drug Crimes

Posted By Rothman and Associates || 4-Jan-2015

Many states are examining some of the harsh prison sentences that they have in place for certain crimes. Because overcrowding is such a huge problem, legislators are trying to find a way to ensure that the funds they have are being spent properly. They want to continue to appear tough on crime, but know that they will need to make changes in order to have space for the most dangerous offenders.

Florida officials are taking a closer look at some of the mandatory minimum sentences being handed down in certain drug offenses. This means that when an individual is convicted of a crime, such as drug distribution, the courts have no discretion in the amount of prison time the offender will receive. They are not allowed to depart downward from these guidelines based on other factors present in the case, such as the individual's prior criminal history.

Under a recent bill proposed in the state Senate, mandatory minimums would be eliminated for trafficking small amounts (under 14 grams) of oxycodone and hydrocodone. Judges would be allowed to review some of the external factors in these cases, and decide the amount of time that the individual should serve rather than forcing a lengthy sentence for a non-violent offense.

The bill also suggests that the courts take a different approach to determining the quantity of drugs at issue in these cases. Currently, the amount of drugs is calculated by the weight of the pills that a person has at the time of the offense. The new bill would change this to simply be the weight of the active ingredients of the drug, which would be a significant difference.

While this proposal and other similar bills may lead the legislature to modify their approach to drug crimes, there are still extremely severe penalties in place for those who are convicted. Jail or prison time is possible, and offenders could find themselves struggling after completing their sentences. This can include difficulty in finding work or a place to live, as well as being able to qualify for student loans.

If you believe that you are under investigation by police for a drug crime or other criminal offense, it is essential that you speak to an experienced criminal defense attorney as soon as possible. You must have someone on your side who understands how these cases proceed, and who can advise you on what you have to do to protect yourself.

Often, law enforcement agencies will have committed substantial resources toward investigating these offenses. They may be very aggressive when trying to get you to admit your involvement. You should not talk to anyone until your attorney is at your side.

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