How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask CrimDefense Your Own Question

CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15811
Experience:  7+ years defending Misdemeanor and Felony cases.
Type Your Criminal Law Question Here...
CrimDefense is online now
A new question is answered every 9 seconds

our son has been arreseted on drug traffic charge and posseion this is his first offense o

Customer Question

our son has been arreseted on drug traffic charge and posseion this is his first offense on drug charges he was set up by a ci and undercover officer he has no previous convictions. the ci has resentaly been arrested apparentaly working both sides. the amount of crack cocaine was $100.00 what is the max time he is looking at they have denined entrapment motion which clearly thats what this was . the state wants him to sign for three years please give me advice as a parent he also has three children that we are caring for
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern for your son. When you say they want him to sign for three years, are you talking about a plea deal with 3 years of probation or 3 years of prison?
Customer: replied 1 year ago.

THREE YARS PRISON

Expert:  CrimDefense replied 1 year ago.

Mary, thank you for the additional information. If the motion was denied, your son and his attorney now need to decide if they want to proceed to trial or take a plea deal, based upon the weight of the evidence against him. The three year plea which they are offering, is likely based upon the mandatory minimums imposed under Florida Statute 893.135. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0800-0899/0893/Sections/0893.135.html If he goes to trial and loses, the Judge can impose a sentence much longer then the 3 years on the trafficking charge and then can sentence him on the possession charge as well and may decide to run the sentence consecutively, not concurrently. If he has no legal defenses to raise at trial, he may need to take the plea and then reserve his right to appeal. If the Judge failed to follow the law and the case law that supports his motion, he could have a valid appeal to file. Depending on the facts of the case, his attorney can speak with the State and see if he can convince them to amend the charge to avoid any mandatory sentence that is imposed, so that he would agree to a plea, that is more favorable to his situation. He can always take the case to trial, at which time the State may have to put the CI on the stand, which would allow his attorney to attack his credibility, if they have no other evidence or witnesses, to the alleged sale and possession. Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 year ago.

I was wrong on the charges here is his charges, what im wondering is if there is still entrapment law in florida not only was there a ci there was also an undercover detective the ci gave him the drugs and told him to take them to the church and meet this undercover detective
Confinement Information




  • Date Confined:September 28, 2012

  • Booking Officer:BENEVIDES, MARGARET

  • Date Released:





  • Releasing Officer:

  • Release Reason:




Criminal Charge(s)


 



  • Statute:893.13 1.e1

  • Statute Description:COCAINE-SELL / WI 1000FT WORSHIP OR BUSN SCH II

  • Charge:F

  • Level:F

  • OCA Number:1203-007474/12-1581F

  • Warrant Number:


 




  • Offense Date:

  • OBTS Number(NNN) NNN-NNNN/li>







  • Bond Agency:

  • Depositer Name:,





  • Bond Amount:1000




Criminal Charge(s)


 



  • Statute:893.13 6a

  • Statute Description:DRUGS-POSSESS / CNTRL SUB WO PRESCRIPTION

  • Charge:F

  • Level:T

  • OCA Number:1203-007474/12-1581F

  • Warrant Number:


 

Expert:  CrimDefense replied 1 year ago.
Yes, there is a Florida Statutes that addresses this and I have provided it below, for your review. Entrapment is an affirmative defense raised to excuse an otherwise unlawful act. Entrapment occurs where police have improperly induced a person to commit a crime when the person induced was not otherwise predisposed to engage in such conduct in the first place.

777.201 Entrapment.—
(1) A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
(2) A person prosecuted for a crime shall be acquitted if the person proves by a preponderance of the evidence that his or her criminal conduct occurred as a result of an entrapment. The issue of entrapment shall be tried by the trier of fact.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15811
Experience: 7+ years defending Misdemeanor and Felony cases.
CrimDefense and 9 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

i dont understand

Expert:  CrimDefense replied 1 year ago.
Your son is going to have to show that his actions were a direct result of the police and/or the CI and had it not been for them, he would have never been in possession of the drugs or tried to sell them. He is going to have to explain how he meet these people, why he took the drugs and why he went to church to meet a guy, to sell/exchange the drugs.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.