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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27594
Experience:  10+ years defending Misdemeanor and Felony cases.
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our son has been arreseted on drug traffic charge and posseion this is his first offense o

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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
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 4 years 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. 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 4 years 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


  • Charge:F

  • Level:T

  • OCA Number:1203-007474/12-1581F

  • Warrant Number:


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.
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Customer: replied 4 years ago.

i dont understand

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.