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Q: Who can waive or reduce a mandatory prison sentence for Drug Trafficking?

A: Florida Statute 893.135 provides absolute power to the Office of the State Attorney to waive a mandatory prison sentence in drug trafficking cases.  In order for the Office of the State Attorney to waive this mandatory prison sentence, the defendant must provide some level of substantial assistance to law enforcement in the apprehension of others involved in drug activity.  The judge has to find that the defendant did provide substantial assistance and law enforcement are actively involved in the entire process.  Law enforcement reports to the judge about the positive or negative assistance provided by the defendant.  The judge has no authority to waive or reduce the mandatory prison sentence. 

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