Trafficking in Illegal Drugs (4 to 14 Grams) – Florida Statute 893.135(1)(c) – Charge Code DRUG3912

Charged with Drug Trafficking in Florida? A conviction for Trafficking in Illegal Drugs (4 to 14 grams) under Florida Statute § 893.135(1)(c) DRUG3912 carries a mandatory minimum prison sentence of 3 years and a $50,000 fine — even if you never intended to sell or distribute the drugs. If you’ve been arrested for this serious felony charge, it’s time to speak with a knowledgeable criminal defense attorney who understands Florida’s complex drug laws.

Florida’s DRUG3912 Charge Explained

• Charge Code: DRUG3912
• Statute: Florida Statute § 893.135(1)(c)
• Offense: Trafficking in Illegal Drugs (4 to 14 grams)
• Felony Level: First-Degree Felony
• Jurisdiction: Commonly charged in Hillsborough County and throughout Florida

What Is Considered “Trafficking” Under Florida Law?

In Florida, trafficking isn’t just about selling drugs. You can be charged with trafficking simply for possessing a minimum quantity of specific controlled substances.

For opiates and opioid derivatives, the law sets the trafficking threshold at just 4 grams. This includes:

• Oxycodone (OxyContin, Percocet)
• Hydrocodone (Vicodin, Norco)
• Heroin
• Hydromorphone (Dilaudid)
• Morphine
• Opium and its derivatives
• Fentanyl and analogs

Even if the substance is mixed with fillers, Florida law considers the total weight of the mixture, not just the pure drug.

Special Focus: Fentanyl and Its Impact on Drug Trafficking Cases

Fentanyl is an especially dangerous drug and a primary target under Florida’s trafficking laws due to its potency and the lethal risk it poses. Even small amounts of fentanyl or its analogs can easily exceed the 4-gram trafficking threshold. Additionally, fentanyl mixtures (like counterfeit pills) often lead to unintentional trafficking charges, even if you were unaware of the presence of fentanyl.

Fentanyl-related Trafficking Penalties

If you are caught trafficking fentanyl, the penalties are the same as for other drugs, but the seriousness of the offense is heightened. The presence of fentanyl often leads to heightened scrutiny, especially if the trafficking leads to harm or death.

Common Controlled Substances Under DRUG3912

Florida law targets various illegal drugs under the trafficking statute. Common substances associated with DRUG3912 charges include:

• Heroin
• Fentanyl and Fentanyl Analogues
• Oxycodone
• Hydrocodone
• Morphine
• Hydromorphone
• Opium

Even if a substance contains a mixture of these drugs, it’s the total weight that determines the charge, not the concentration of the active ingredient.

Penalties for Drug Trafficking (4 to 14 Grams) in Florida

Florida law imposes mandatory minimum sentences based on the weight of the controlled substance involved. Here’s how that breaks down:

Mandatory Minimum Sentences Under § 893.135(1)(c)

Judges have no discretion to go below these minimums unless you qualify for a legal exception, such as substantial assistance to law enforcement.

Elements the State Must Prove

To convict you under Florida Statute 893.135(1)(c), prosecutors must prove beyond a reasonable doubt that you:

1. Knowingly:
   • Sold,
   • Purchased,
   • Manufactured,
   • Delivered,
   • Brought into Florida, or
   • Possessed
2. A controlled substance listed in the statute (such as heroin, hydrocodone, or oxycodone)
3. In a quantity of 4 grams or more (up to 14 grams)
4. With knowledge of the substance’s illicit nature

Even without direct proof of a sale, simply possessing 4 grams or more of certain drugs can result in trafficking charges.

Understanding Possession: Actual vs. Constructive

There are two primary forms of drug possession in Florida law:

Actual Possession

• The drug is on your person (in your pocket, purse, etc.), or
• Within your immediate control (e.g., under your car seat)

Constructive Possession

• The drug is in a place you control (like your house or glovebox), and
• Prosecutors must prove you knew it was there and had control over it

Constructive possession cases can be successfully challenged with the help of a seasoned attorney.

Legal Definitions You Need to Know

Understanding how Florida defines certain terms is critical:

• Sell – Exchange for money or something of value
• Purchase – Acquire by paying money or other value
• Manufacture – Produce, prepare, or package a controlled substance
• Deliver – Actual or attempted transfer of a substance
• Possess – Exercise of control over a substance, even without ownership

Top 5 Defenses to Florida Drug Trafficking Charges

1. Lack of Knowledge
   You didn’t know the substance was present or illegal. Especially powerful in constructive possession cases.
2. Unlawful Search or Seizure
   Evidence obtained through unconstitutional searches may be suppressed.
3. Entrapment
   You were persuaded or tricked into committing the offense by law enforcement.
4. Insufficient Evidence of Weight
   The total mixture must exceed 4 grams. Lab errors or flawed weighing can be challenged.
5. Chain of Custody Issues
   Mishandling or improper documentation of the seized drugs can result in suppression of evidence.

Frequently Asked Questions About DRUG3912 – Trafficking in Illegal Drugs (4 to 14 Grams)

What does DRUG3912 mean under Florida law?

DRUG3912 is the Florida offense code for Trafficking in Illegal Drugs where the total weight is 4 grams or more but less than 14 grams. This typically involves opioids like heroin, oxycodone, or hydrocodone. The charge is a first-degree felony and comes with a mandatory minimum of 3 years in prison and a $50,000 fine. Even if you didn’t intend to sell the drug, you can still be charged based on weight alone.

Can I be charged with trafficking just for having pills or a small amount?

Yes. In Florida, drug trafficking charges are based on the total weight of the substance, including any fillers or inactive ingredients. For example, having just a few opioid pills can easily exceed 4 grams. This means even a person struggling with addiction — not selling — can face severe prison time.

Is intent to sell required for a trafficking charge in Florida?

No. Intent is not required for a trafficking charge under Florida Statute 893.135(1)(c). Simply possessing the threshold amount (4 grams or more) is enough to trigger a trafficking charge. That’s why people are often surprised to face such serious penalties for simple possession.

What is the mandatory minimum sentence for DRUG3912?

The mandatory minimum for DRUG3912 is 3 years in Florida State Prison and a $50,000 fine. Judges have no discretion to go below this sentence unless the defendant provides “substantial assistance” to law enforcement. Without such cooperation, the sentence is automatic upon conviction.

Can the weight be challenged in court?

Yes. Your attorney can challenge the lab testing procedures or argue that the mixture included legal substances that should not count toward the total weight. Mistakes in weighing or improper evidence handling could reduce or dismiss the charge. Every gram matters in trafficking cases.

What if the drugs weren’t mine or I didn’t know they were there?

This is a common and powerful defense. If the drugs were found in a shared space — like a car or apartment — prosecutors must prove you had knowledge and control of them. If they cannot, the case may be dismissed due to insufficient evidence of possession.

Can the police search my car or home without a warrant?

Only under certain circumstances. If law enforcement violates your Fourth Amendment rights, your attorney can file a motion to suppress the evidence. Illegal searches are a leading reason trafficking charges get dropped or reduced.

What is substantial assistance and can it reduce my sentence?

Substantial assistance means helping law enforcement catch other drug traffickers. If you qualify and the State agrees, your sentence can be reduced below the mandatory minimum. However, this option carries serious risks and should only be pursued with a lawyer’s advice.

Can I get drug court or probation instead of prison?

Not usually for DRUG3912. Because of the mandatory minimum sentence, drug court and probation are generally not available unless the charge is reduced or you provide substantial assistance. An experienced attorney may be able to negotiate a lesser charge like possession.

What should I do right now if I’ve been charged with trafficking?

Call an experienced criminal defense lawyer immediately. Do not speak to law enforcement without legal representation. Your attorney can review the legality of the search, examine the evidence, and begin building a defense to avoid harsh mandatory sentencing.

Why Hire W.F. “Casey” Ebsary Jr.?

Attorney W.F. “Casey” Ebsary Jr. is a Board-Certified Criminal Trial Lawyer based in Tampa, Florida. With decades of experience and a deep knowledge of Florida’s drug laws, he defends clients charged with serious felonies — including trafficking under DRUG3912.

What You Get:

• Aggressive representation in court
• A thorough review of search and seizure legality
• Experience negotiating with prosecutors and challenging mandatory minimums
• Personal, one-on-one attention from an experienced litigator

Contact Us Now for a Free Case Review

Facing a trafficking charge can upend your life. Don’t fight it alone.

Law Office of W.F. Casey Ebsary Jr.
Call Now: (813) 222-2220 or 1-877-793-9290

Original Post from 2018 Updated Above to 2025

Drug Trafficking

Trafficking 4 to 14 Grams Morphine, Opium, Oxycodone, Hydrocodone, Hydromorphone

“shall be sentenced to a mandatory minimum term of imprisonment of 3 years”

If you have been charged with DRUG3912 TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS you can call a Tampa Criminal Defense Attorney for FREE at 813-222-2220 to fight for you or a friend.
Trafficking drugs under Florida is based upon the weight of the substance, not the actual conduct of the person who has been charged. The crime can be committed even if no drugs were actually sold to anyone. The mere possession of a scheduled compound, in the requisite amount can generate a charge of drug trafficking.

“Constructive possession means the controlled substance is
in a place over which the (defendant) has control,
or in which the (defendant) has concealed it.”

Form Code: DRUG3912

Florida Statute: 893.135.1C1A
Level: Fel (Felony)
Degree: 1st

Description: TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS

Trafficking 4 to 14 Grams Morphine, Opium,
Oxycodone, Hydrocodone, Hydromorphone

DRUG3912 TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS is often charged in Hillsborough County, Florida.

Chapter 893 DRUG ABUSE PREVENTION AND CONTROL


893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.

(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:

(c)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

“To prove the crime of Trafficking in Illegal Drugs, the State must prove . . .”

Florida Jury Instruction on TRAFFICKING IN ILLEGAL DRUGS

§ 893.135(1)(c), Fla. Stat.

            Certain drugs and chemical substances are by law known as “controlled substances.” (Specific substance alleged) or any mixture containing (specific substance alleged) is a controlled substance.

            To prove the crime of Trafficking in Illegal Drugs, the State must prove the following four elements beyond a reasonable doubt:

            1.         (Defendant) knowingly

                                    [sold]

                                    [purchased]

                                    [manufactured]

                                    [delivered]

                                    [brought into Florida]

                                    [possessed]

                        a certain substance.

2.         The substance was [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [herion] [(specific substance alleged)]].

3.         The quantity of the substance involved was 4 grams or more.

            See State v. Dominguez, 509 So. 2d 917 (Fla. 1987).

4.         (Defendant) knew that the substance was [[morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)]].

            If applicable under the facts of the case and pursuant to § 893.135(2), Fla. Stat., the following bracketed language should be given instead of element 4 above.  For example, if it is alleged that the defendant intended to sell heroin but actually sold (specific substance alleged), the alternate element 4 would be given.

[4.        (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] (specific substance alleged) or a mixture containing (specific substance alleged).]

            Definitions.  Give as applicable.

            Sell.

            “Sell” means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value.

            Manufacture.  § 893.02(13)(a), Fla. Stat.

            “Manufacture” means the production, preparation, packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly.  Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis.

            Deliver.  § 893.02(5), Fla. Stat.

            “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

            Possession.

            To “possess” means to have personal charge of or exercise the right of ownership, management, or control over the thing possessed.

            Possession may be actual or constructive.

            Actual possession means:

a.         The controlled substance is in the hand of or on the person, or

b.         The controlled substance is in a container in the hand of or on the person, or

c.         The controlled substance is so close as to be within ready reach and is under the control of the person.

            Give if applicable.

            Mere proximity to a controlled substance is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control.

            Constructive possession means the controlled substance is in a place over which the (defendant) has control, or in which the (defendant) has concealed it.

            In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the (defendant) does not have control, the State must prove the (defendant’s) (1) control over the controlled substance and (2) knowledge that the controlled substance was within the (defendant’s) presence.

            Possession may be joint, that is, two or more persons may jointly possess an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article.

            If a person has exclusive possession of a controlled substance, knowledge of its presence may be inferred or assumed.

            If a person does not have exclusive possession of a controlled substance, knowledge of its presence may not be inferred or assumed.

            Knowledge of the illicit nature of the controlled substance.  Give if applicable.  § 893.101(2) and (3), Fla. Stat.

            Knowledge of the illicit nature of the controlled substance is not an element of the offense of (insert name of offense charged).  Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense.  (Defendant) has raised this affirmative defense.  However, you are permitted to presume that (defendant) was aware of the illicit nature of the controlled substance if you find that (defendant) was in actual or constructive possession of the controlled substance.

            If from the evidence you are convinced that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find (defendant) guilty.

            If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find (defendant) not guilty.

            See State v. Weller, 590 So. 2d 923 (Fla. 1991).

            If you find the defendant guilty of Trafficking in Illegal Drugs, you must further determine by your verdict whether the State has proved beyond a reasonable doubt that:

            Enhanced penalty.  Give if applicable up to extent of charge.

a.         [The quantity of the substance involved was 4 grams or more but less than 14 grams.]

b.         [The quantity of the substance involved was 14 grams or more but less than 28 grams.]

c.         [The quantity of the substance involved was 28 grams or more but less than 30 kilograms.]

d.         [The quantity of the substance involved was 30 kilograms or more.]

Lesser Included Offenses

Comment

This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 1987 [509 So. 2d 917], 1989 [543 So. 2d 1205], 1997 [697 So. 2d 84], and 2007 [969 So. 2d 245].  See also SC03-629 [869 So. 2d 1205 (Fla. 2004)].

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Facing DRUG1904 Trafficking in Cocaine Charges (28-200g) in Hillsborough County?

You Need an Experienced Tampa Criminal Defense Attorney Immediately.

The term DRUG1904 is a specific code likely used by law enforcement and the court system in Hillsborough County, Florida, to categorize arrests and charges related to Trafficking in Cocaine involving quantities between 28 grams and 200 grams. While not part of the official statutory language itself (which is Florida Statute § 893.135(1)(b)1.a.), DRUG1904 serves as shorthand for this very serious first-degree felony charge. If you see DRUG1904 on arrest paperwork, charging documents, or court dockets in Hillsborough County, understand that it signifies you are accused of a crime carrying a possible mandatory minimum sentence of 3 years in prison and a $50,000 fine upon conviction.

If you or a loved one has been arrested and charged under the designation DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS in Hillsborough County, Florida, you are facing a severe first-degree felony with significant mandatory penalties. This is not a charge to take lightly. The time to act is now.

My name is W.F. “Casey” Ebsary Jr., and I am a dedicated Tampa criminal defense attorney with extensive experience defending individuals against serious drug charges throughout Hillsborough County and the surrounding areas. I understand the fear and uncertainty that comes with a trafficking charge. My goal is to protect your rights, explore every possible defense, and fight for the best possible outcome in your case.

Don’t delay. Call me directly at 813-222-2220 for a confidential consultation to discuss your specific situation.

You can contact the Law Office of W.F. “Casey” Ebsary Jr. tel:+18132222220 for a free consultation by calling 1-877-793-9290 or by filling out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/).

Understanding the Charge: DRUG1904 – Trafficking in Cocaine (28g to <200g)

The designation DRUG1904 corresponds specifically to the charge of Trafficking in Cocaine, involving a quantity of 28 grams or more, but less than 200 grams, under Florida Statute § 893.135(1)(b)1.a. This statute outlines the serious nature of this offense.

Key Elements the Prosecution Must Prove:

To secure a conviction for DRUG1904 Trafficking in Cocaine (28g to <200g), the State Attorney’s Office must prove the following elements beyond a reasonable doubt:

1. Knowledge: You knew the substance you possessed or handled was cocaine or a mixture containing cocaine.
2. Intent/Action: You knowingly sold, purchased, manufactured, delivered, brought into Florida, OR were in actual or constructive possession of the substance.
3. Quantity: The amount of cocaine, or the mixture containing cocaine, was 28 grams or more, but less than 200 grams.

What is “Actual” vs. “Constructive” Possession?

• Actual Possession: This means the cocaine was physically on your person (e.g., in your pocket, hand, or a bag you were carrying).
• Constructive Possession: This is more complex. It means the cocaine was not on your person but was in a place over which you had control (or shared control), and you knew it was there, and knew of its illicit nature. Examples include drugs found in your car’s glove box, under your bed, or in a shared living space. Proving constructive possession often requires the prosecution to show evidence linking you directly to the drugs beyond mere proximity. This is a frequent area where defenses can be mounted.

Florida Statute § 893.135(1)(b)1.a. – The Law:

The relevant portion of the Florida Statutes clearly states:

(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:

(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms [Note: the sub-section addresses the 200g limit] of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

a. If the quantity involved: Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

You can review the full text of Florida Statute § 893.135 directly on the Florida Legislature’s official website: Florida Statute § 893.135 (Note: Always ensure you are viewing the most current version of the statute).

Severe Penalties for DRUG1904 Conviction in Florida

A conviction for DRUG1904 Trafficking in Cocaine (28g to <200g) carries mandatory minimum penalties:

• Mandatory Minimum Prison: Three (3) years in Florida State Prison. The judge must impose this sentence upon conviction unless specific legal exceptions apply (discussed below).
• Mandatory Minimum Fine: $50,000.

Beyond these mandatory minimums, a first-degree felony is punishable by:

• Up to thirty (30) years in prison.
• Up to $10,000 in additional fines (beyond the mandatory $50,000).
• Felony probation.

Long-Term Consequences:

A felony conviction for drug trafficking creates lifelong obstacles:

• Permanent Criminal Record: Making it difficult to find employment, secure housing, or obtain professional licenses.
• Loss of Civil Rights: Including the right to vote (until restored) and the right to own or possess firearms.
• Driver’s License Suspension: A conviction often triggers a mandatory suspension by the Florida DHSMV.
• Immigration Consequences: Non-citizens face potential deportation, denial of re-entry, or inability to obtain citizenship.
• Educational Opportunities: Difficulty getting accepted into colleges or receiving financial aid.
• Social Stigma: The label of “convicted drug trafficker” can have profound personal and social impacts.

Given these severe and life-altering consequences, mounting a vigorous defense is critical.

Defending Against DRUG1904 Cocaine Trafficking Charges

An arrest is not a conviction. There are numerous potential defense strategies that an experienced criminal defense attorney like myself can explore. Every case is unique, but common defenses in DRUG1904 cases include:

1. Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during the search of your person, vehicle, or home, the evidence obtained (the cocaine) may be suppressed, potentially leading to dismissal. This involves scrutinizing the traffic stop, search warrant validity, or consent given. Explore more about your rights during searches on my website: drug2go.com.
2. Lack of Knowledge: The prosecution must prove you knew the substance was cocaine. If you were unaware of the drugs’ presence or their illicit nature (e.g., holding a package for someone else without knowing its contents), this can be a defense.
3. Lack of Possession (Actual or Constructive): Especially in constructive possession cases, we can challenge whether the state can prove you exercised dominion and control over the location where the drugs were found and knew they were there. Mere proximity to drugs is not enough for a conviction.
4. Insufficient Quantity: The state must prove the weight was 28 grams or more. We can challenge the weighing procedure, the calibration of the scales, or whether the entire mixture weight should count if it contains non-illicit substances.
5. Entrapment: If law enforcement induced you to commit a crime you otherwise would not have committed, this may be a defense.
6. Substantial Assistance: Florida law allows for potential avoidance or reduction of mandatory minimum sentences if a defendant provides “substantial assistance” in the identification, arrest, or conviction of other individuals involved in drug trafficking. This is a complex area requiring careful negotiation.
7. Misidentification: Challenging eyewitness accounts or confidential informant reliability.
8. Chain of Custody Issues: Challenging how the alleged drugs were handled, stored, and tested by law enforcement and the crime lab.

Developing the right defense strategy requires a thorough investigation of the facts, analysis of the police reports, witness interviews, and understanding of the specific procedures used by law enforcement agencies like the Hillsborough County Sheriff’s Office or the Tampa Police Department.

Understanding “DRUG1904” in Hillsborough County

Facing a DRUG1904 charge requires immediate action. Because DRUG1904 represents a high-level felony with mandatory penalties, securing experienced legal representation familiar with Hillsborough County courts and prosecutors is crucial. Defenses against DRUG1904 often involve challenging the legality of the stop or search, questioning the evidence of possession (especially constructive possession), disputing the weight or identity of the substance, or exploring potential mitigation strategies like substantial assistance. Do not underestimate the severity of a DRUG1904 designation; it demands a robust defense strategy from the outset. Contact W.F. “Casey” Ebsary Jr. at 813-222-2220 immediately if you are facing a DRUG1904 charge in Hillsborough County.

Why Choose W.F. “Casey” Ebsary Jr. for Your Defense?

When your freedom and future are on the line, you need an attorney who understands the stakes and knows how to navigate the complexities of the Florida criminal justice system, particularly within Hillsborough County.

• Experience: I have years of experience specifically prosecuting and defending serious drug trafficking cases like DRUG1904.
• Local Knowledge: Practicing extensively in Hillsborough County means I am familiar with the local courts, judges, prosecutors, and law enforcement procedures. This local insight is invaluable.
• Aggressive Representation: I am committed to fighting vigorously for my clients, challenging the prosecution’s case at every turn.
• Personalized Attention: You will work directly with me, Casey Ebsary. I ensure my clients understand the process and are involved in their defense strategy.
• Proven Results: While no attorney can guarantee an outcome, I have a track record of achieving favorable results for clients facing serious charges. Explore my main site for more information about my practice: drug2go.com.

Contact Casey Ebsary Today – Your First Step Towards Defense

If you or someone you know has been charged with DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS in Hillsborough County, the time to consult with an attorney is immediately. Do not speak to law enforcement without legal representation. Anything you say can be used against you.

Call me, W.F. “Casey” Ebsary Jr., directly at 813-222-2220.

You can also reach out through my website. Please visit my Contact Casey the Lawyer page for more ways to get in touch. There you will find a secure contact form where you can provide details about your situation. Submitting information through the contact form or calling initiates a confidential consultation where we can discuss the specifics of your DRUG1904 charge and how I can help build your defense. Don’t wait for the prosecution to build its case – start your defense strategy now.

Frequently Asked Questions (Q&A) about DRUG1904 Cocaine Trafficking (28-200g)

What exactly is DRUG1904?

DRUG1904 is a code likely used by Hillsborough County law enforcement/courts for the charge of Trafficking in Cocaine (28g to <200g) under Florida Statute § 893.135(1)(b)1.a. It signifies a first-degree felony with mandatory penalties.

What are the mandatory minimum penalties for DRUG1904?

Upon conviction, the mandatory minimum sentence is 3 years in prison and a $50,000 fine.

Can I get bail if charged with DRUG1904?

Bail (bond) is possible but often set high for trafficking charges due to their severity. Factors include flight risk, community ties, and prior record. An attorney can argue for a reasonable bond at your first appearance hearing.

What if the drugs weren’t mine, but they were found in my car/house?

This involves the concept of “constructive possession.” The prosecution must prove you knew the drugs were there and had control over them. Simply being present isn’t enough. This is a critical area for defense.

Does the 3-year mandatory sentence mean I’ll only serve 3 years?

The 3-year sentence is the minimum the judge must impose upon conviction. The maximum sentence for this first-degree felony is 30 years. The actual sentence depends on many factors, but it cannot be less than 3 years without specific legal exceptions.

Can the charges be reduced or dismissed?

Yes, depending on the facts. Defenses like illegal searches, lack of evidence, or issues with proving possession or quantity can lead to reduced charges (e.g., simple possession) or complete dismissal. Negotiation or providing substantial assistance are other potential avenues.

What is “substantial assistance”?

This involves cooperating with law enforcement to help them investigate or prosecute others. If the State Attorney agrees you provided substantial assistance, they can request the judge waive or reduce the mandatory minimum sentence. This requires careful legal guidance.

Should I talk to the police if arrested for DRUG1904?

No. You have the right to remain silent and the right to an attorney. Politely state that you wish to exercise these rights and do not answer any questions without your lawyer present. Anything you say can be used against you.

How much does it cost to hire an attorney for a DRUG1904 case?

Legal fees vary based on the complexity of the case. I offer a confidential initial consultation to discuss your case and my fees. Defending against a serious felony like trafficking is an investment in your future. Contact me at 813-222-2220 to discuss.

Why do I need a lawyer specializing in criminal defense for a DRUG1904 charge?

Drug trafficking laws are complex, the penalties are severe, and the procedures are specific. An experienced criminal defense attorney understands the nuances of the law, potential defenses, negotiation strategies, and the local court system (especially Hillsborough County). This specialized knowledge is essential for protecting your rights and achieving the best possible outcome.

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Drug2Go.com

2102 W Cleveland St
Tampa, Florida 33606
Phone: 813-222-2220
Email: centrallaw@gmail.com

Cocaine Trafficking 28 – 200 Grams

If you have been charged with DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: DRUG1904
Florida Statute: 893.135.1B1A
Level: Fel (Felony)
Degree: 1st

Description: TRAFFICKING IN COCAINE 28 TO 200 GRAMS
DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS is often charged in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.

(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:

(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.


Florida Standard Jury Instruction:

25.11 TRAFFICKING IN ILLEGAL DRUGS

§ 893.135(1)(c), Fla. Stat.

            Certain drugs and chemical substances are by law known as “controlled substances.” (Specific substance alleged) or any mixture containing (specific substance alleged) is a controlled substance.

            To prove the crime of Trafficking in Illegal Drugs, the State must prove the following four elements beyond a reasonable doubt:

            1.         (Defendant) knowingly

                                    [sold]

                                    [purchased]

                                    [manufactured]

                                    [delivered]

                                    [brought into Florida]

                                    [possessed]

                        a certain substance.

2.         The substance was [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [herion] [(specific substance alleged)]].

3.         The quantity of the substance involved was 4 grams or more.

            See State v. Dominguez, 509 So. 2d 917 (Fla. 1987).

4.         (Defendant) knew that the substance was [[morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)]].

            If applicable under the facts of the case and pursuant to § 893.135(2), Fla. Stat., the following bracketed language should be given instead of element 4 above.  For example, if it is alleged that the defendant intended to sell heroin but actually sold (specific substance alleged), the alternate element 4 would be given.

[4.        (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] (specific substance alleged) or a mixture containing (specific substance alleged).]

            Definitions.  Give as applicable.

            Sell.

            “Sell” means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value.

            Manufacture.  § 893.02(13)(a), Fla. Stat.

            “Manufacture” means the production, preparation, packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly.  Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis.

            Deliver.  § 893.02(5), Fla. Stat.

            “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

            Possession.

            To “possess” means to have personal charge of or exercise the right of ownership, management, or control over the thing possessed.

            Possession may be actual or constructive.

            Actual possession means:

a.         The controlled substance is in the hand of or on the person, or

b.         The controlled substance is in a container in the hand of or on the person, or

c.         The controlled substance is so close as to be within ready reach and is under the control of the person.

            Give if applicable.

            Mere proximity to a controlled substance is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control.

            Constructive possession means the controlled substance is in a place over which the (defendant) has control, or in which the (defendant) has concealed it.

            In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the (defendant) does not have control, the State must prove the (defendant’s) (1) control over the controlled substance and (2) knowledge that the controlled substance was within the (defendant’s) presence.

            Possession may be joint, that is, two or more persons may jointly possess an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article.

            If a person has exclusive possession of a controlled substance, knowledge of its presence may be inferred or assumed.

            If a person does not have exclusive possession of a controlled substance, knowledge of its presence may not be inferred or assumed.

            Knowledge of the illicit nature of the controlled substance.  Give if applicable.  § 893.101(2) and (3), Fla. Stat.

            Knowledge of the illicit nature of the controlled substance is not an element of the offense of (insert name of offense charged).  Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense.  (Defendant) has raised this affirmative defense.  However, you are permitted to presume that (defendant) was aware of the illicit nature of the controlled substance if you find that (defendant) was in actual or constructive possession of the controlled substance.

            If from the evidence you are convinced that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find (defendant) guilty.

            If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find (defendant) not guilty.

            See State v. Weller, 590 So. 2d 923 (Fla. 1991).

            If you find the defendant guilty of Trafficking in Illegal Drugs, you must further determine by your verdict whether the State has proved beyond a reasonable doubt that:

            Enhanced penalty.  Give if applicable up to extent of charge.

a.         [The quantity of the substance involved was 4 grams or more but less than 14 grams.]

b.         [The quantity of the substance involved was 14 grams or more but less than 28 grams.]

c.         [The quantity of the substance involved was 28 grams or more but less than 30 kilograms.]

d.         [The quantity of the substance involved was 30 kilograms or more.]

Lesser Included Offenses

Comment

This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 1987 [509 So. 2d 917], 1989 [543 So. 2d 1205], 1997 [697 So. 2d 84], and 2007 [969 So. 2d 245].  See also SC03-629 [869 So. 2d 1205 (Fla. 2004)].

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Drug Defense Attorney on Search

Case Excerpts:

“Warrantless searches are per se unreasonable and subject to only a few exceptions. Bryan relied on Coolidge v. New Hampshire to support his position that there must be an exigent circumstance that made a warrantless search “imperative.” 403 U.S. 443, 455 (1971). Exigent circumstances have been defined as “‘the sort of emergency or dangerous situation . . . that would justify a warrantless entry into a home for the purpose of either arrest or search.’” Riggs v. State, 918 So. 2d 274, 278 (Fla. 2005). To rise to this level, the emergency must be so that it “‘makes a warrantless search imperative to the safety of the police and of the community.’” Id. Safety is threatened when a need exists “‘to protect life and to prevent serious bodily injury.’” Id. at 279.”

“Here, officers entered the curtilage of the home to investigate acting solely on an anonymous tip, only corroborated the tip to the extent that a white SUV was in front of the home, and had no indication from viewing the scene that a crime had been, was being, or would be committed. The officers were concerned that a gun and drugs were seen on the hood of the SUV, and there were children playing in the neighborhood, but when the officers arrived at the scene there did not appear to be anyone insight that may have a gun. The circumstances did not present a situation of exigent circumstances justifying intrusion into the curtilage of the house despite the fact that the SUV was parked in front. Because a warrantless search is unlawful when no exception applies and because the State did not prove through testimony or evidence that some reasonable belief of exigency existed, a warrant should have been obtained before police entry into Bryan’s backyard.”

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Possession of Cannabis with Intent Sell or Deliver

If you have been charged with DRUG2300 POSSESSION OF CANNABIS WITH INTENT TO SELL OR (Possession of Cannabis with Intent to Sell, Manufacture, or Deliver) you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: DRUG2300
Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 3rd

893.13 Prohibited acts; penalties.

(1)(a)Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.

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Cocaine Sale

If you have been charged with DRUG1400 SALE OF COCAINE you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: DRUG1400


Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 2nd
Description: SALE OF COCAINE

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Disorderly Intoxication

If you have been charged with MISC0018 DISORDERLY INTOXICATION you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: MISC0018


Florida Statute: 856.011
Level: Misd (Misdemeanor)
Degree: 2nd
Description: DISORDERLY INTOXICATION

(1) No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.

(2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who shall have been convicted or have forfeited collateral under the provisions of subsection (1) three times in the preceding 12 months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than 60 days. Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to her or his home or to a public or private health facility, and the law enforcement officer may take reasonable measures to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement officers so acting shall be considered as carrying out their official duty.

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Doctor Shopping Obtain Drugs Physician Withhold Information Practitioner

If you have been charged with Doctor Shopping DRUG9892 OBTAINING DRUGS FROM PHYSICIAN BY WITHHOLDING you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: DRUG9892


Florida Statute: 893.13.7A8
Level: Fel (Felony)
Degree: 3rd
Description: OBTAINING DRUGS FROM PHYSICIAN BY WITHHOLDING

893.13 Prohibited acts; penalties.

(7)(a) It is unlawful for any person:

1. To distribute or dispense a controlled substance in violation of this chapter.

2. To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this chapter.

3. To refuse an entry into any premises for any inspection or to refuse to allow any inspection authorized by this chapter.

4. To distribute a controlled substance named or described in s. 893.03(1) or (2) except pursuant to an order form as required by s. 893.06.

5. To keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping or selling them in violation of this chapter.

6. To use to his or her own personal advantage, or to reveal, any information obtained in enforcement of this chapter except in a prosecution or administrative hearing for a violation of this chapter.

7. To possess a prescription form which has not been completed and signed by the practitioner whose name appears printed thereon, unless the person is that practitioner, is an agent or employee of that practitioner, is a pharmacist, or is a supplier of prescription forms who is authorized by that practitioner to possess those forms.

8. To withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days.

9. To acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.

10. To affix any false or forged label to a package or receptacle containing a controlled substance.

11. To furnish false or fraudulent material information in, or omit any material information from, any report or other document required to be kept or filed under this chapter or any record required to be kept by this chapter.

12. To store anhydrous ammonia in a container that is not approved by the United States Department of Transportation to hold anhydrous ammonia or is not constructed in accordance with sound engineering, agricultural, or commercial practices.

(b)Any person who violates the provisions of subparagraphs (a)1.-7. commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; except that, upon a second or subsequent violation, the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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Board Certified Tampa Federal Criminal Defense Attorney, W.F. ”Casey” Ebsary, reports a recent decision where The United States Supreme Court ruled: law enforcement can search passenger compartment of vehicle incident to recent occupant’s arrest. But, only if it is reasonable to believe that arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. The court further found that absent these justifications, search and seizure of defendant’s vehicle will be unreasonable unless police obtain warrant or show that another exception to warrant requirement exists. A State supreme court had correctly ruled that the case had involved unreasonable search where driver was arrested for driving on suspended license, handcuffed, and locked in patrol car BEFORE officers searched his car and found cocaine in a jacket pocket.

You can download and review the Court’s opinion for free.

Source: 21 Fla. L. Weekly Fed. S781a

W.F. ”Casey” Ebsary, Jr. is available Toll Free to help with these types of allegations. 1-877-793-9290.

Federal Criminal Defense Attorney Tampa Florida on Vehicle Search Seizure

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