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.
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:
- Knowledge: You knew the substance you possessed or handled was cocaine or a mixture containing cocaine.
- Intent/Action: You knowingly sold, purchased, manufactured, delivered, brought into Florida, OR were in actual or constructive possession of the substance.
- 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:
- 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.
- 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.
- 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.
- 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.
- Entrapment: If law enforcement induced you to commit a crime you otherwise would not have committed, this may be a defense.
- 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.
- Misidentification: Challenging eyewitness accounts or confidential informant reliability.
- 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)
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.
Upon conviction, the mandatory minimum sentence is 3 years in prison and a $50,000 fine.
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.
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.
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.
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.
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.
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.
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.
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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| 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
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:
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TRAFFICKING IN ILLEGAL DRUGS — 893.135(1)(c)1 and 2
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CATEGORY ONE
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CATEGORY TWO
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FLA. STAT.
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INS. NO.
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Trafficking offenses requiring lower quantities of illegal drugs
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893.135(1)(c)1
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25.11
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Attempt (but not conspiracy), except when delivery is charged
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777.04(1)
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5.1
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If sale, manufacture or delivery is charged
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893.13(1)(a)
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25.2
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If purchase is charged
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893.13(2)(a)
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Bringing same illegal drug as charged into state
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893.13(5)
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Possession of same illegal drug
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893.13(6)(a)
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