One of the fastest ways that a person with no criminal history whatsoever can end up with a huge prison sentence is by
sharing or selling their prescription medication in Stuart, Florida. And, because of both their popularity, and the high percentage of deaths by overdose or prolonged abuse, the Florida Legislature has imposed mandatory prison sentences of 3 years and in some instances 15 years for simply possessing the equivalent of one filled prescription of a controlled substance like oxycodone without a prescription.
With these drug charges where mandatory minimum sentences are triggered, the judge has no discretion to go below the minimum. The prosecutor does, however, have discretion to decide which charges to file. This is one of the weird scenarios within our system of government where the legislative, executive, and judicial branches of government exercise their checks and balances on one another. Often, it is addicts and not profiteers who end up getting caught in the middle.
A prosecutor with an eye toward justice will determine how to file charges based on the facts of each individual case, sometimes avoiding, sometimes exploiting charges that trigger a mandatory prison sentence. Having an attorney that understands both Florida’s drug laws and the local customs is important in helping the decision makers, whether that be prosecutor or judge to see the full picture. Every case is different and requires a custom approach and an attention to detail. If you or a loved on finds themselves facing a large mandatory minimum prison sentence even on a first offense for selling, trafficking or simply possession prescription medication in Stuart or Port St. Lucie Florida, contact us today and put our experience to work for you.