21 U.S.C. §841(b)(1)(a), 21 U.S.C. §841(b)(1)(b), 21 U.S.C. §841(b)(1)(c)
After a thorough analysis by your criminal attorney, a decision about whether to go to trial on your possession with intent to distribute cocaine in Florida case will have to be made. Part of that calculus includes a review of the evidence to be admitted against you and whether or not you have a chance of winning.
The other part of that analysis concerns the possibility of a plea agreement.
In other words, a favorable plea agreement may outweigh the possible benefits of trial when discounted for the amount of risk one must assume.
Remember, the decision to go to trial is not only about the possible reward. It also includes an assessment of risk.
If you go to trial and lose, your sentence will be worse than if you plead guilty before trial.
The reason for this rule is very simple – it forces defendants and criminal attorneys to evaluate their cases.
The judicial system would break down from overload if every defendant went to trial because he/she had nothing to lose. By making the punishment worse after trial, it forces a defendant and his/her criminal attorney to seriously consider if using the court’s resources is worthwhile. This way, the courts only deal with those trials that are truly necessary.
Trial Statistics in Federal Court:
Possession with Intent to Deliver Cocaine in Florida
Of the 86,200 cases prosecuted in Federal courts throughout the United States in 2011, only 3.1% went to trial (2,691 cases). The remaining 83,509 cases were resolved without a trial. Of the 4,041 cases that were prosecuted in Florida, only 5.7% went to trial (230 cases).
The reason why approximately 95% of all defendants in Federal court avoid trial is very simple: Winning at trial in Federal court is VERY difficult. In fact, 86% of defendants who took their case to trial in 2011 were convicted.
Plea Agreements for Possession with Intent to Distribute Cocaine in Florida
The negotiation of a plea agreement in a possession with intent to distribute cocaine in Florida is not any different than any other drug offense. Odds are you are also charged with conspiracy and possibly money laundering or asset forfeiture.
At the heart of any criminal offense is the basic underlying conduct that a prosecutor is targeting. The first step in negotiating any plea agreement is to speak with your criminal attorney.
You need to tell him/her everything you know about the case.
- Who is involved?
- What happened?
- What didn’t happen?
- Where did everything happen? What cities?
- How long has this been going on?
- Did you send emails, text messages, or instant messages?
- Do you have a mental health history?
- Have you ever dealt with a substance abuse problem or alcoholism?
- What is your criminal history? Do you have any prior felony drug offenses?
- Are you willing/able to cooperate with authorities?
This information is crucial because your criminal attorney will need it to fully assess your case. and engage the prosecutor in plea negotiations.
All plea negotiations concern the following five elements:
- 1) The type of crime(s) charged,
- 2) The number of crimes charged,
- 3) What can be proven at trial,
- 4) What can be disproven at trial,
- 5) The defendant’s criminal history,
- 6) Presence of aggravators/mitigators,
- 7) Legal issues, such as illegal search and seizure,
- 8) Victim injury/death, if applicable,
- 9) Victim input regarding sentencing, if applicable.
When a criminal attorney addresses the possibility of a plea agreement with a prosecutor, he/she needs to have a good appreciation of the underling issues in the case and the client’s exposure to prison.
The objective of any plea agreement in a possession with intent to distribute cocaine in Florida is to minimize the client’s exposure to prison. This can be accomplished a number of ways:
- 1) By negotiating a plea to the lowest scoring offense(s) possible,
- 2) By negotiating a plea to the least amount of offenses possible,
- 3) By crafting a plea agreement that minimizes or excludes sentencing aggravators,
- 4) By attacking weak evidence and negotiating their exclusion from sentencing,
- 4) Substantial Assistance (§5K1.1 and Rule 35)
- 5) Safety Valve (§5C1.2)
In some cases, it is also possible to negotiate the waiver of minimum mandatory sentences as well as the placement of a sentencing cap. To understand all the available options, one should read about Sentencing in Federal Court as well as Sentencing in Federal Drug Offenses.