A first-degree felony offense, trafficking in MDMA (also known as ecstasy or molly) is an extremely serious criminal charge that will leave those convicted facing harsh, life-changing punishment. Florida Statute 893.135(1)(k)(1) defines MDMA trafficking as knowingly possessing, purchasing, delivering, selling, manufacturing or transporting this synthetic stimulant and hallucinogenic drug in amounts of 10 grams or more. If you have been arrested or charged with this serious drug offense, we urge you to contact our Orlando trafficking lawyers immediately. Your legal rights and freedom must be protected from the onset.
A first-degree felony charge is the most serious of all. In Florida, MDMA or ecstasy trafficking is assigned a severity ranking of either a Level 8 or Level 9 under the state's criminal punishment code, which is highly severe.
Penalties for Trafficking in MDMA in FloridaWhether you are in Orlando or anywhere in Florida, the penalties for trafficking in MDMA are severe. The punishment a person may face depends on several factors including criminal history and the amount of molly or ecstasy involved. A conviction will result in your driving privilege being revoked for a period of one year by the Florida DHSMV. If you hold a professional license that authorizes practicing your trade or profession, this license may be suspended as well under Florida Statute 893.11. Criminal penalties for trafficking include:
MDMA in amounts of 10 to less than 200 grams - If found guilty, penalties may include a mandatory minimum of three years in prison or a maximum 30 year prison sentence imposed by the judge, along with a fine of up to $50,000.
MDMA in amounts of 200 to less than 400 grams - If found guilty, penalties may include a mandatory minimum of seven years in prison or a maximum 30 year prison sentence imposed by the judge, along with a fine of up to $100,000.
MDMA in amounts of 400 grams to less than 30 kilograms - If found guilty, penalties may include a mandatory minimum of 15 years in prison or a maximum 30 year prison sentence imposed by the judge, along with a fine of up to $500,000.
Possible Defenses to MDMA TraffickingDefense attorneys have a wide array of defense strategies at their disposal, depending on the unique facts of each case. While the ultimate goal is to have charges dismissed, if you plead not guilty and go forward to trial there are several defenses that may prove effective in your case, including:
It is not uncommon for police to require a suspect to submit to a search of his or her home, vehicle, or person even when they do not have the authority or proper search warrant to do so. When evidence is obtained unlawfully or a person is arrested without probable cause, it may be possible to suppress evidence. This essentially means that evidence will not be allowed in court.
Proving that you were in possession of MDMA is the prosecutor's job and not always easy. It must be proven beyond a reasonable doubt that you were in actual or constructive possession of the substance in order for you to be found guilty of trafficking in MDMA. This means it must have been found on your person, or that it was in your presence and you knew it, knew that it was MDMA, and had control and dominion over the substance.
Many people do not realize that police will use underhanded tactics in order to get them to say things or admit to a criminal offense they did not commit. When a person is interrogated, law enforcement officers can legally lie; often times they are extremely aggressive and unrelenting in an effort to break down the accused. It is imperative that you work with an experienced Orlando criminal defense lawyer when facing MDMA trafficking charges.
Contact Adams, Luka, & Benton TodayAs you can see, trafficking in MDMA or ecstasy/molly is a serious criminal offense that could result in substantial prison time and fines for those convicted. It is critical to consult with an experienced drug crimes defense attorney in Orlando who can help you navigate the criminal justice system, provide legal support and guidance, and fight to reach the best possible result in your case. We urge you to contact Adams, Luka, & Benton today at 407-872-0307 for a free consultation.
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 Adams, Luka, & Benton 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 Adams, Luka, & Benton.