Drug Trafficking
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
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No Charges Filed
Aggravated Assault
Charge: Aggravated assault arising from an alleged drive-by shooting
Court: Bay County
Outcome: The client faced the possibility of a lengthy mandatory prison sentence. Following discussions with prosecutors and law enforcement, no charges were filed.
Negotiated Plea
DUI Manslaughter
Charge: DUI manslaughter
Court: Bay County
Outcome: The client faced up to 15 years in prison and permanent loss of driving privileges. The matter was resolved by negotiated plea to probation, with eligibility for a hardship license.
Not Convicted
Sexual Battery
Charge: Sexual battery
Court: Bay County
Outcome: The client, who holds a professional license in Florida, faced up to 15 years in prison and mandatory sex offender designation. The charge was reduced, over the objection of the complainant, to simple battery, a misdemeanor. The client was not convicted of any criminal offense, was not designated a sex offender, and returned to work with their professional license intact.
Not Convicted
Violation of Probation
Charge: Violation of probation, second violation. Alleged failure to report, a new battery offense, failure to complete DUI school, and failure to complete court ordered community service.
Court: Bay County
Outcome: The client was not convicted.
Not Convicted
Violation of Probation
Charge: Violation of probation. Alleged failure to report and a new felony offense of obtaining a controlled substance by forgery, while serving probation for multiple counts of obtaining a controlled substance by fraud, forgery, and criminal use of personal identification.
Court: Bay County
Outcome: The client was not convicted.
Drug Trafficking in Florida
Mandatory Minimums and How to Fight Them
Drug trafficking in Florida is not about intent to sell. It is about quantity. If the weight of the drugs found in your possession meets or exceeds Florida’s statutory trafficking thresholds — regardless of whether you were selling, distributing, or simply in possession — you will be charged with drug trafficking and face mandatory minimum prison sentences that judges cannot reduce.
As a former Assistant State Attorney, Rusty Shepard has prosecuted trafficking cases in Bay County. He knows how the weight thresholds work, how evidence is gathered and challenged, and — critically — what it takes to avoid a trafficking conviction or reduce a trafficking charge to a lesser offense.
Florida Drug Trafficking Thresholds and Mandatory Minimum Sentences
Florida Statute § 893.135 sets out the trafficking thresholds and mandatory minimum sentences for each controlled substance:
Marijuana Trafficking
- 25 lbs to under 2,000 lbs — Mandatory minimum 3 years in state prison, $25,000 fine
- 2,000 lbs to under 10,000 lbs — Mandatory minimum 7 years, $50,000 fine
- 10,000 lbs or more — Mandatory minimum 15 years, $200,000 fine
Cocaine Trafficking
- 28 grams to under 200 grams — Mandatory minimum 3 years, $50,000 fine
- 200 grams to under 400 grams — Mandatory minimum 7 years, $100,000 fine
- 400 grams to under 150 kilograms — Mandatory minimum 15 years, $250,000 fine
- 150 kilograms or more — Life imprisonment
Opioid/Fentanyl Trafficking
- 4 grams to under 14 grams — Mandatory minimum 3 years, $50,000 fine
- 14 grams to under 28 grams — Mandatory minimum 15 years, $100,000 fine
- 28 grams or more — Mandatory minimum 25 years, $500,000 fine
Methamphetamine Trafficking
- 14 grams to under 28 grams — Mandatory minimum 3 years, $50,000 fine
- 28 grams to under 200 grams — Mandatory minimum 7 years, $100,000 fine
- 200 grams or more — Mandatory minimum 15 years, $250,000 fine
These mandatory minimums cannot be waived by the sentencing judge. They are applied automatically upon conviction. The only exceptions are the federal substantial assistance provision and Florida’s own safety valve — both of which require cooperation with law enforcement.
Key Defense Strategies in Drug Trafficking Cases
- Challenging the weight — the prosecution must prove the weight meets the threshold. Lab analysis and chain of custody errors can challenge this
- Fourth Amendment — an unlawful search, stop, or seizure can result in all drug evidence being suppressed. Without the drugs, there is no trafficking case
- Constructive possession — if the drugs were not found directly on you, the prosecution must prove knowledge, awareness, and dominion and control beyond a reasonable doubt
- Entrapment — law enforcement induced you to acquire or transport drugs you would not otherwise have handled
- Substantial assistance — cooperating with law enforcement to assist in prosecuting others can result in a sentence below the mandatory minimum. This is a significant decision requiring experienced legal counsel
- Charge reduction — negotiating a trafficking charge down to simple possession or distribution avoids the mandatory minimum entirely
The Mandatory Minimum Is Not Inevitable
Many trafficking defendants — and their families — assume the mandatory minimum sentence is guaranteed upon arrest. It is not. An experienced defense attorney with prosecutorial background can identify evidentiary weaknesses, constitutional violations, and charging errors that the prosecution relies on defendants not finding. Rusty Shepard has successfully challenged trafficking charges throughout his career in Bay County courts. Early legal intervention matters enormously.
Facing drug trafficking charges in Panama City or Bay County? Call Shepard Law at (850) 290-2505 immediately. Available 24/7. Free consultation. Mandatory minimums make early action essential.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Highly Recommended
“This firm got my case dismissed and I didn’t have to spend a single day in court.”
– King R.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepard Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
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