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Drug Trafficking Mandatory Sentences in Florida Under Fire?
Posted on Aug 15, 2010
Minimum mandatory prison sentences for drug offenders are costing the State of Florida almost $103 million. This figure does not take into consideration other crimes that also have mandatory prison sentences. Anyone charged with drug trafficking in Florida faces a mandatory prison sentence. The law governing drug trafficking has striped the judges of almost all sentencing discretion. If a person is charged with drug trafficking oxycodone and is a first time offender the judge must sentence them to mandatory prison, there are no mitigating factors the judge can consider. Why is this you ask? The legislature gave all the power to the State Attorney. The one impartial party, the judge, is powerless while the bias crime fighters, the State Attorney, dictate what a fair and just sentence is. Love it or hate it that is what the law says. The State Attorney has the sole power to waive the minimum mandatory prison sentence.
The Florida Legislature has considered taking a closer look at the minimum mandatory sentences and the cost to the State of Florida during these tough budget years but they passed on a recent opportunity to discuss this matter. The topic will likely come up again as the issue of uneven sentences continues make the news. The concern is that people possessing trafficking amounts of drugs are sentenced to mandatory prison while people involved in hit and run accidents involving death, child molestations and other crimes are walking free on probation or serving short prison sentences.
While the arguments for keeping the mandatory prison sentences are logical, the questions the legislature needs to consider are: Do minimum mandatory prison sentence really deter future crime? Is it good policy to take discretion away from the judge?
The Rooth Law Group, P.A. is committed to providing the very best criminal defense representation. If you or your loved one is charged with a crime that carries a minimum mandatory prison sentence, like a drug trafficking offense, call us immediately. A delay in calling can mean the difference of a mandatory prison sentence and your case being dropped. Don’t hesitate, call the St. Petersburg drug trafficking attorneys at Rooth Law Group today for a free consultation: (727) 797-9600 in Pinellas County, 813-333-6517 in Hillsborough County.
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