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Conspiracy To Drug Trafficking: It Is A Criminal Offense

Conspiracy does not just revolve around super-secret FBI or CIA government information, such as the movie, “All the President’s Men” (Nixon’s Watergate scandal) or conspiracy theories that Area 51 is holding an alien species. Being arrested for conspiracy to drug trafficking is an actual criminal offense. Florida law states that any person who agrees or conspires with another to commit a drug trafficking act prohibited by law will be committing a 1st degree felony. That felony carries the same punishable outcome as if that person committed the act. Therefore, drug trafficking and conspiracy to drug trafficking carry the same offense weight.

Because conspiracy to drug trafficking carries the same weight as a drug trafficking offense, the same mandatory minimum sentencing also applies. If the quantity for:

  1. Marijuana is between 25-2,000 pounds or 300-2,000 plants
    1. Mandatory minimum sentencing= 3 years in prison and a $25,000 fine;
  2. Cocaine is between 28-200 grams
    1. Mandatory minimum sentencing= 3 years in prison and a $50,000 fine;
  3. Methamphetamine or Amphetamine is between 14-28 grams
    1. Mandatory minimum sentencing= 3 years in prison and a $50,000 fine;
  4. Lysergic Acid Diethylamide (LSD) is between 1-5 grams
    1. Mandatory minimum sentencing= 3 years in prison and a $50,000 fine;
  5. Oxycodone is between 7-10 grams
    1. Mandatory minimum sentencing= 3 years in prison and a $50,000 fine.

Mandatory minimum sentencing increases if the quantity of controlled substance is more than the maximum amounts listed above.

So, what exactly does that mean? To be charged with conspiracy to drug trafficking, there must be an intention to commit (perform) the offense AND an agreement between both people. The agreement can be express or implied, but the agreement must be to commit the same criminal offense. One or the other element is not enough; the state prosecutor must prove both elements for a person to be found guilty of conspiracy to drug trafficking. For example, in the 2012 Florida case Davis v. State, the trial court charged and found Chad Davis guilty of conspiracy to drug trafficking. The Florida 5th District Court of Appeals (DCA) changed the conspiracy to drug trafficking charge to not guilty because the conspiracy elements were not met. The state prosecutor’s evidence failed to prove one of the two conspiracy to drug trafficking elements, the agreement element, between Mr. Davis and his buyer, Robert.

The 5th DCA serves the Central Florida counties: Brevard, Citrus, Flagler, Hernando, Lake, Marion, Orange, Osceola, Putnam, St. Johns, Seminole, Sumter, and Volusia County. At Adams and Luka, P.A., we represent clients in many of the 5th DCA counties, in which the prosecution is required to follow the Davis v. State court case opinion stated above. To best represent you and ensure your case is handled properly, we will provide you with a criminal defense attorney, communicate with law enforcement on your behalf, and defend you against state prosecution.

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I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
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Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECCOMEND. Marcela Giorgi
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Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
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Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink
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