In any drug trafficking case, you can expect that the original
bond is going to be set at a high amount. This is because the initial appearance judge will only have the arresting officer's affidavit (A-Form) on which to base his or her opinion. If the officer alleges that the accused was trafficking in any narcotic, chemical, or controlled substance, that bond judge will likely presume that the accused is involved in the trafficking of dangerous drugs and will set a six-figure bond. Bond amounts of $250,000 are not uncommon. That means that family members must come up with a $25,000 premium to pay a bondsman in order to get their loved one out of jail!
Miami-Dade County and Broward County, the areas in which I practice
criminal defense, have their fair share of drug trafficking crimes. Both are international port cities where large amounts of
cocaine come through the Port of Miami and Port Everglades everyday. Also, homegrown drugs such as marijuana (South Florida has a high concentration of
marijuana grow houses) and prescription "pill mills" (
oxycodone,
alprazolam, valium, and percocet) make for trafficking arrests.
In the State of Florida, drug trafficking is probably the most serious of all crimes, even above violent felonies. There are
mandatory minimum sentences on
every narcotics trafficking charge under Florida law. For marijuana and cocaine, the mandatory minimums start at 3 years in state prison. Prescriptions such as oxycodone (OxyContin) and alprazolam (Xanax), mandatory minimums typically start at 7 years.
The thing about prescription trafficking is that the trafficking weight is relatively low. Literally a handful of pills. For cocaine, the minimum trafficking weight is 28 grams, or nearly 1 ounce (as Tony Montana would say, "Thassa lotta coke!"). But for pills, just 4 grams is enough to subject you to the low-end of the prescription mandatory minimum sentences. At 28 grams and over, you are looking at 25 years in prison, and that's mandatory (day-for-day) time!
The reason for high trafficking bonds is (1) the mandatory minimum prison time may induce flight as people are naturally afraid of prison, and (2) the Florida Legislature has taken a firm position against taking drugs and suspected drug traffickers off the streets. For this reason, you may be charged with a violent felony such as strongarm robbery and you may be issued a $12,500 bond. But if you are found with a pill bottle full of OxyContin and you do not have a legitimate prescription, the bond amount could be set in the $100,000 - $250,000 range.
When clients are arrested for trafficking, I am usually contacted by family members within hours or their loved one's arrest. This is because they want to bond their loved one out of jail. As a
criminal defense lawyer, I handle trafficking matters in both Miami-Dade and Broward County, and I am familiar with the bond issues associated with these types of cases.
It's important to remember that the bond judge is not the same as the trial judge. The bond judge merely addresses the issue of bond. It's a 30-second hearing at best. If probable cause for the charge is found (the judge determines this by reading the officer's arrest affidavit), then bond is set and the case goes to the State Attorney's Office for pre-file.
If bond is set at a six-figure amount, there are remedies for reducing the bond. A criminal defense attorney can make argument to the bond judge, illustrating the client's lack of prior offenses, ties to the community, work history, or educational background. This demonstrates that the client is established in the community and is unlikely to flee. It's important to note that the main legislative intent behind a monetary bond is to ensure the defendant's presence in court. There are secondary concerns, such as safety of the community, but first and foremost, the court just wants to be satisfied that the accused is going to go to court when they are supposed to go.
If the bond judge will not reduce the bond, then the trial court judge may be able to do so. I regularly file motions to reduce bonds. Furthermore, a trial court judge may require a Nebbia satisfaction. That means that documents, such as bank records or affidavits, must be presented to the court to show where the bond money is coming from. That means that if the bond is reduced to $25,000, the friend or family member posting the bond premium ($2,500) must present evidence to the court showing that the money is not coming from a drug-related source. In other words, if the bond money is coming out of your savings account, typically the court will want a bank statement showing withdrawal of that money from the account, along with an affidavit explaining where the money came from. This is to ensure that drug trafficking bonds are not coming from the proceeds of drug trafficking.
While we are on the topic of money, it's crucial that I am upfront and honest about legal fees for trafficking cases. Retaining a private attorney on a trafficking case is more expensive that many other types of cases. This is because dilligent criminal defense attorneys like myself put countless hours of work into these types of cases. Since the mandatory minimum sentencing schemes apply, there is ample work that must be done on the client's behalf in order to get those mandatory sentences waived. Additionally, the filing of complex legal motions, the taking of depositions, and the retention of private chemists to test and re-weigh the suspect narcotics is necessary. While some attorneys may charge less and some may charge more, my fees for trafficking cases range from $10,000 (marijuana and some cocaine trafficking cases) up to $25,000 (prescription trafficking), excluding costs. The costs, which would include deposition costs and the testing and re-weighing of the alleged contraband, are separate and usually range from $2,500 - $5,000.
I know that this may not seem cheap, but when you or your loved one are facing mandatory prison time, it may not be the time to be cheap. Discount lawyers may work for speeding tickets, but under no circumstances should you ever bargain shop when mandatory prison terms are on the line. I'll bet anything that you could find a lawyer to take your trafficking case on the cheap, but as the saying goes, "you get what you pay for." I am a firm believer that you do not bargain shop in two situations: (1) plastic surgery; (2) the hiring of a criminal defense attorney.
I charge what I charge because I offer a particular type of service. If you are willing to compromise service for a better price, then I wish you well but I may not be the right attorney for you. I understand that arrests and criminal charges are not planned occurrences. Nobody anticipates getting arrested. Nobody sets money aside just in case they are charged with a serious felony. These are tough economic times and many people are having a difficult time just making ends meet. But a trafficking arrest is an emergency situation. Much like you would sell the shirt off of your back should one of your family members need a life-saving medical procedure, the same logic applies when a family member is arrested and charged with drug trafficking. Sell your car, cash in your retirement, refinance your house, or just plain sell it! Whether your hire me or not, do whatever you can to hire a quality criminal defense attorney for a drug trafficking offense.
If you would like to discuss trafficking cases in greater detail, please
call my office.