2 1/2 ounces cocaine,1/8 pot and i'm on felony probation fo wokers comp fraud what amount of time am i looking at
how much time would you say i could get
I was hoping to get some more information before responding in detail. However, it's getting late and I'm about to log-off for the day. Not wanting to leave you waiting, I'll respond as best I can with the information at hand. If I have anything incorrect, please let me know.
As you have a prior felony offense, I assume you know a bit about the sentencing guidelines in Florida. In short, if you score over 44 points, there is a presumption of incarceration. Conversely, if you score 44 points or less, there is a presumption that you will not be incarcerated.
As to the prior offense, I don't know the specific statute number for which you were convicted. However, fraud crimes are listed in chapter 817 and most offenses in that chapter are a level 5 offenses. As such, it has a score of 28 points. Assuming you had not other criminal offenses or criminal history, that would have been your total score, 28.
Now that you have violated probation, points will be added to that score. Of course, this presumes a conviction on the new offense and/or violation of probation (VOP). When the VOP is a new felony offense, it adds 12 points to your score. Meaning your new score on the fraud charge would be 40, less than the level necessary for the presumption of incarceration. So, as to that offense, you have a reasonable chance of avoiding incarceration and a likely outcome would be extended probation or community control, commonly called house arrest.
However, the new offense is a problem. With 2.5 ounces of cocaine, you are being charged under the trafficking statute, which calls for minimum mandatory incarceration and fines. Doing the math, 2.5 ounces converts to a little under 71 grams of cocaine. The lowest range of trafficking in Florida is 28 grams to 200 grams, you obviously fall into this range. As such, the minimum mandatory incarceration is 3 years and the minimum mandatory fine is $50,000. The maximum incarceration is 30 years.
The marijuana and paraphernalia charges are barely worth mentioning. Possession of less than 20 grams of marijuana and possession of drug paraphernalia are both first degree misdemeanor offenses and will have little to no effect on the ultimate outcome.
With the minimum mandatory penalties, it would certainly be advisable to explore any potential defense issues, whether that may be an unlawful traffic stop, an unlawful search, mistaken identity or whatever else may be appropriate.
As a note, the prosecution of these offenses varies widely from county to county. If you are in a larger county, such as Dade or Broward, they will often reduce the charge to avoid the minimum mandatory penalties. Conversely, if you are in a smaller county, such as Indian River or Santa Rosa, they prosecute these cases vigorously.
One other thing to keep in mind, if you are convicted of any drug offense in Florida, your driver's license will be suspended by the Department of Highway Safety and Motor Vehicles for at least one year. However, the statutes do permit the sentencing judge to recommend to the Department to issue you a license to drive for business purposes only.
In a worst case scenario, I would suggest that you could at least convince the prosecutor to essentially "throw in" the VOP with the 3 year minimum mandatory so that you don't end up with any additional time.
As I alluded to at the outset, I had to make some assumptions here. If any of those assumptions were incorrect, please let me know as this could certainly change my response.
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