Florida Still Has Mandatory Minimum Sentences For Drug Crimes

Florida’s legislature has made it clear over the last few decades that drug offenses are taken very seriously in the state, partly due to its history, and partly due to the damage that drugs have done to so many Floridians. Because of this, the sentences for those convicted of drug crimes in the state are some of the harshest in the U.S., including still retaining mandatory minimum sentences for many of these offenses. If you have been charged with a drug crime in Florida, it is important that you understand the potential ramifications if you are found guilty.

Why Are Mandatory Minimums Problematic?

Mandatory minimum sentences for many drug-related offenses are a relic of the heyday of the “War on Drugs” in the 1970s and 1980s. With a sudden uptick in a seemingly new type of crime, the public wanted harsh penalties and visible consequences for those who perpetuated it. However, over time, the evidence has piled up to show that while mandatory minimum sentences make good copy and help to perpetuate the illusion of law and order, they actually cause significant harm to the U.S. penal system and the prisoners in it.

Scholarship is wide-ranging on the issue, but the main issues that have been repeatedly identified with mandatory minimum sentences have primarily to do with the fact that one size does not fit all. Discretion to add or subtract time from a sentence is no longer with the judge in such a case, which is disliked and distrusted; mandatory minimums are levied disproportionately against Black people and other people of color; and overall, these sentences contribute to prison overcrowding, which is a drain on resources that most U.S. states can ill afford in the long run.

Do Not Navigate The Legal Process Alone

If you have been charged with an offense that carries a mandatory minimum sentence, enlisting the right attorney is absolutely crucial. Florida’s drug laws can be somewhat complex simply because there are so many little details to keep in mind – for example, each controlled substance has a threshold after which a person can be charged with trafficking in that drug, even if they had no intent whatsoever to do so. Someone stopped with 8 grams of cannabis will experience different consequences than someone stopped with 8 grams of MDMA (ecstasy).

Depending on the facts of your situation, it may be possible to plead to a lesser offense in order to escape serving a mandatory minimum term, but this is not always the case. If this option is closed off to you, putting up a defense may be your only choice. Some of the most common ways to do this is to attack the legality of the search in which the evidence was found, or to argue that you were unaware that the substance in question was a controlled substance. Regardless of which path you choose, the right attorney can make all the difference.

Contact A West Palm Beach Drug Offenses Attorney

Being charged with a drug crime in Florida is an intimidating prospect, but you still have the right to your day in court. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can help protect your rights and help you avoid a mandatory minimum sentence whenever possible. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20170711_Mand-Min.pdf