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Trafficking in Cocaine | Florida Conviction Overturned
Watch: Trafficking in Cocaine Defense Attorney Video
Trafficking in Cocaine | Florida Conviction Overturned
Video Summary
In this video, attorney W.F. “Casey” Ebsary Jr. discusses how to defend cocaine trafficking cases. Every criminal case depends on its own facts, applicable law, and admissible evidence. A prior appellate decision does not guarantee any particular outcome, but understanding how courts analyze evidentiary issues can be valuable when evaluating a drug crime defense strategy.
Tampa Cocaine Trafficking Lawyer (28 to 200 Grams) – DRUG1904 Defense Attorney
If you have been charged with DRUG1904 Trafficking in Cocaine (28 to 200 Grams) in Tampa, you are facing a serious felony accusation that requires immediate attention. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer with decades of experience defending complex drug cases. He carefully examines every aspect of the DEA investigation, including the traffic stop, search, seizure, and evidence, to build the strongest possible defense for each client.
Arrested for Cocaine Trafficking in Tampa? Call a Board Certified Criminal Trial Lawyer Immediately.
A charge of trafficking in cocaine is one of the most serious drug offenses prosecuted in Florida. If you have been arrested for allegedly possessing, transporting, purchasing, selling, manufacturing, or delivering between 28 and 200 grams of cocaine, the decisions you make today may affect the rest of your life. Time matters, evidence matters, and experienced legal representation matters.
Call W.F. “Casey” Ebsary Jr. today at (813) 222-2220 for a confidential consultation.
Former Prosecutor • Florida Bar Board Certified Criminal Trial Lawyer • Serving Tampa and Hillsborough County
Why Hire W.F. “Casey” Ebsary Jr.?
Attorney Casey Ebsary has spent decades handling serious felony cases throughout the Tampa Bay area. As both a former prosecutor and a Board Certified Criminal Trial Lawyer, he understands how trafficking investigations are conducted and how prosecutors prepare these cases for trial.
Whether your case involves a traffic stop, rental vehicle, search warrant, confidential informant, or constructive possession allegations, an experienced defense attorney can evaluate whether law enforcement followed constitutional requirements and whether the State can prove every required element beyond a reasonable doubt.
Learn more about Casey Ebsary:
What Is Cocaine Trafficking Under Florida Law?
Florida law creates separate trafficking offenses based primarily upon the weight of the controlled substance involved. One commonly charged offense involves 28 grams or more but less than 200 grams of cocaine or a mixture containing cocaine.
The applicable Florida statute is:
Florida Statute §893.135
https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-135/
Official Florida Legislature:
https://www.leg.state.fl.us/
Quick Reference
| Charge | Form Code |
|---|---|
| Trafficking in Cocaine (28-200 grams) | DRUG1904 |
| Degree | Classification |
|---|---|
| First Degree Felony | Florida Drug Trafficking |
What Must the State Prove?
To obtain a conviction, prosecutors must prove every required element beyond a reasonable doubt. The exact elements depend upon the specific trafficking allegation and applicable jury instructions.
Florida publishes its Standard Criminal Jury Instructions online through the Florida Supreme Court.
Official Jury Instructions
https://www.floridasupremecourt.org
The jury instructions address issues such as:
| Possible Issue | May Become Important |
|---|---|
| Knowledge | Did the defendant knowingly possess or transport the substance? |
| Identity | Was the substance actually cocaine? |
| Weight | Was the required statutory threshold met? |
| Possession | Was possession actual or constructive? |
| Control | Did the defendant exercise dominion or control? |
Every trafficking prosecution is fact-specific. The evidence must support each required element.
Many trafficking prosecutions do not involve drugs found directly on a person. Instead, prosecutors sometimes allege constructive possession. Whether constructive possession exists depends upon the particular facts and evidence presented at trial.
Cases involving multiple occupants of a vehicle, rental cars, borrowed vehicles, or shared residences often raise complicated factual questions. Simply being present near drugs does not automatically establish criminal liability.
If constructive possession is disputed, the prosecution must still prove the required legal elements beyond a reasonable doubt.
Does a Rental Car Automatically Make Someone Guilty?
No.
Rental vehicles appear in many criminal investigations because people frequently borrow or share vehicles with family members, friends, or coworkers. Whether someone rented the vehicle, drove the vehicle, or owned the vehicle does not by itself establish guilt.
Instead, prosecutors must rely upon admissible evidence that satisfies the legal requirements applicable to the charged offense.
What Defenses May Be Available?
Every case is different, and no attorney can honestly promise a particular outcome. However, depending upon the facts, a defense attorney may evaluate issues including whether:
- the traffic stop was lawful;
- the search complied with constitutional requirements;
- law enforcement properly obtained consent;
- probable cause existed;
- laboratory testing is reliable;
- the prosecution can prove possession;
- witnesses are credible; and
- the State can establish every required statutory element.
The available defenses depend entirely upon the evidence in your case.
How Serious Are Cocaine Trafficking Charges?
Florida classifies trafficking offenses among the most serious drug crimes prosecuted in state court. A conviction may expose a defendant to significant penalties under Florida law.
Because sentencing depends upon numerous legal and factual considerations, anyone facing a trafficking allegation should obtain legal advice immediately rather than relying upon general information found online.
Why Early Representation Matters
The earliest stages of a criminal investigation are often critical. Evidence may need to be preserved, surveillance footage may disappear, and witnesses’ memories may fade over time.
Hiring counsel early also allows an attorney to begin reviewing discovery, evaluating police reports, identifying potential constitutional issues, and preparing an effective defense strategy before important court deadlines arrive.
Why Choose a Tampa Drug Defense Attorney?
Local experience matters. Attorney Casey Ebsary has represented clients throughout Hillsborough County for decades and understands how felony drug prosecutions are handled in Tampa courts. He has appeared before local judges, negotiated with prosecutors, and defended serious felony charges throughout the Tampa Bay area.
Local Office: Law Office of W.F. “Casey” Ebsary Jr. 2102 W. Cleveland Street Tampa, Florida 33606 Phone: (813) 222-2220
Cocaine Trafficking Case Timeline
| Stage | What Happens |
|---|---|
| Arrest | Law enforcement files charges |
| First Appearance | Bond conditions reviewed |
| Arraignment | Formal plea entered |
| Discovery | Evidence exchanged |
| Motions | Legal issues litigated |
| Negotiations | Possible plea discussions |
| Trial | Jury determines guilt or innocence |
Every case follows its own timeline depending upon the facts and court schedule.
Frequently Asked Questions
Does every cocaine trafficking case go to trial?
No. Some cases are resolved through negotiated dispositions, while others proceed to hearings or jury trial. The appropriate strategy depends entirely upon the facts, available evidence, and the goals of the client.
Is possession enough to prove trafficking?
Not necessarily. Prosecutors must prove every legal element required for the specific trafficking charge. Whether those elements can be established depends upon the evidence presented in court.
Can constructive possession be challenged?
Yes. Constructive possession is frequently disputed in criminal cases involving vehicles, residences, or locations occupied by more than one person. Whether the prosecution can establish constructive possession depends upon the facts of each individual case.
Should I speak with investigators?
Many people choose to exercise their constitutional rights before answering investigative questions. Whether speaking with law enforcement is advisable depends upon the circumstances, and obtaining legal advice before making statements is often prudent.
Where can I read the Florida trafficking statute?
You can review the current statute through the Florida Legislature or Justia.
Florida Legislature
Florida trafficking statute on Justia
https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-135
Talk to a Tampa Cocaine Trafficking Lawyer Today
f you or someone you care about has been charged with DRUG1904 Trafficking in Cocaine (28 to 200 Grams) in Tampa or anywhere in Hillsborough County, do not wait to learn about your legal options.
Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has spent decades defending clients accused of serious felony offenses.
Learn more about attorney Casey Ebsary:
Call (813) 222-2220 today for a confidential consultation.
Meta Description:
Charged with cocaine trafficking in Tampa? Former prosecutor and Board Certified Criminal Trial Lawyer Casey Ebsary defends serious Florida drug cases. Call 813-222-2220.
Original Post from 2010
 |
| Criminal Trial Lawyer |
Tampa Drug Defense Attorney notes a Trafficking in cocaine conviction was overturned by an appeals court for allowing a cop to testify about “practices” used by drug dealers. The court addressed testimony about the general behavior patterns of drug dealers /traffickers.
The defendant had been charged with trafficking in cocaine found in a rental car driven by the defendant. The defendant’s wife rented the car.The case was overturned after the highway patrol trooper testified that it was a standard practice for drug dealers to use vehicles rented in the name of another to transport drugs.
Source: 135 FLWSupp 2205a (1st DCA 2010)
 |
| 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 for a Free Phone Consultation
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
| TRAFFICKING IN ILLEGAL DRUGS — 893.135(1)(c)1 and 2 | |||
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
| Trafficking offenses requiring lower quantities of illegal drugs | 893.135(1)(c)1 | 25.11 | |
| Attempt (but not conspiracy), except when delivery is charged | 777.04(1) | 5.1 | |
| If sale, manufacture or delivery is charged | 893.13(1)(a) | 25.2 | |
| If purchase is charged | 893.13(2)(a) | ||
| Bringing same illegal drug as charged into state | 893.13(5) | ||
| Possession of same illegal drug | 893.13(6)(a) | ||
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