Florida has very strict laws regarding drugs, and it has some of the strictest mandatory minimum sentences for drug convictions. A mandatory minimum sentence means that the court can’t go below the set standard, so that reduces the opportunity for discretion in these cases.
Mandatory minimum sentences are said to provide an incentive to prevent people from committing these crimes. The issue with them is that the court can’t consider a person’s probability of rehabilitation. It can also be used by prosecutors as a point to encourage defendants to accept a plea deal that might not involve the mandatory minimum sentence.
Examples of mandatory minimum sentences
The mandatory minimum is based on the charge the person is convicted of. In some cases, previous convictions of the crime and the circumstances of the crime will also invoke a mandatory minimum sentence.
One common example of a mandatory minimum sentence is a conviction for trafficking oxycodone. A person who has 7 to 14 grams of oxycodone faces a minimum of three years in prison and a fine of $50,000. If they have 14 to 25 grams, that increases to 15 years in prison and a fine of $100,000.
Marijuana trafficking is another example. Possessing between 25 and 2,000 pounds, or 300 to 2,000 plants, can mean a mandatory minimum of three years in prison and a $25,000 fine.
Another example involves cocaine trafficking. Possessing between 28 and 200 grams carries a mandatory minimum prison sentence of three years. If the amount is between 200 and 400 grams, the sentence jumps to a minimum of seven years in prison. Larger quantities can carry 15 years or more of mandatory time.
Defendants who are facing any criminal charge that has a mandatory minimum sentence should understand exactly what they’re facing. They should ensure that they have someone familiar with these matters. They can go over the options that are present and discuss how each may impact the mandatory minimum sentence. From there, you can determine how to proceed with your defense strategy.