Switch to ADA Accessible Website
Orlando Criminal Lawyer
call for a free
consultation

Too Many People Languish in Florida Prisons Due to Outdated Mandatory Minimum Sentencing for Drug Crimes

Jail2

There are at least hundreds of – if not more than 1,000 – Florida inmates who are currently serving mandatory minimum sentences for drug crimes that are no longer technically legal under the law. For example, someone sentenced in 2016 for the exact same crime committed by someone else who was sentenced in 2011 could be released by now, while the former could still be serving time under a 15-year sentence.

The laws stem from a clause in the Florida constitution that dates back to the Jim Crow era; a clause that has already been repealed by Florida voters, but not yet implemented by the state legislature. In the 1990s, Florida put these laws into action in an effort to crack down on drug lords. However, the laws ended up most significantly affecting everyday ‘regular’ people: Those who perhaps had pain issues and couldn’t get their pills, so they sought them out on the street; or individuals caught with one joint of marijuana.

Most of Those Sentenced Are Addicts with No Prior Record, Not Dealers

In 2012, the Florida Legislature itself issued a policy indicating that the law, in effect, went far beyond its intended scope. Most of those convicted for trafficking were addicts, not top-level dealers, and of those cases analyzed in its report, almost 75 percent had never previously even been to prison.

These laws do not just frustrate those serving time and their advocates: Judges themselves are frustrated by the requirements that they have to impose, regardless of the circumstances, including whether someone has no previous criminal record; without the ability to exercise any discretion whatsoever.  For example, having or selling 22 hydrocodone pills – less than what would be included in one prescription – triggers a mandatory minimum trafficking sentence of 15 years. As a result, people caught with prescription painkillers often receive tougher sentences than those with the same amount of street drugs–sometimes five times the sentence–because that’s what the current laws dictate.

In addition, inherent in this system is a serious amount of scientific oversight: Florida law determines the sentence based on the weight of the drug itself, not how much illegal substance is at issue. For example, it counts the entire weight of the pill as if was 100 percent oxycodone, not the actual amount of opioid drug in each pill.

Do Not Become a Victim OF Mandatory Minimum Sentencing: Contact The Very Best in Florida Criminal Defense

If you have been arrested for a drug crime here in Florida, regardless of the circumstances of your situation, you could be serving more than a decade in prison without any questions asked, or the judge or jury able to make any other choice. This is why it is crucial for you to work with the very best drug defense attorneys in the state.

At The Baez Law Firm, that’s exactly what we do: Provide the very best in criminal defense representation so that you are not made a victim of the law. Contact our Orlando drug crimes attorneys at the Baez Law Firm today for a consultation to discuss your case.

 

Resource:

miamiherald.com/news/state/florida/article237117309.html

https://www.baezlawfirm.com/new-corporate-fraud-lawsuits-filed-in-october/

 

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue #620
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

23 South Osceola Avenue
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

Captcha Image

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2020 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab