On what basis can a person be charged with unlawful use of a two-way communications device in florida

You are charged with: 934.215 Unlawful use of a two-way communications device. Any person who uses a two-way communications device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. They apparently feel you were using your cell phone to consumate drug sales. I would suggest you hire an attorney immediately.

A bigger concern is that you may be charged federally. Even though you may not have even handled any drugs, if the feds feel you are part of the conspiracy, you could be charged and depending on the drug, facing mandatory minimums. 5 year, 10 year minimums are not uncommon in federal court and there is almost always a snitch involved who will bring other people down, even if they aren't that culpable. I bring this up because this can get very serious; I presently and in the past have represented those involved in small and large drug conspiracies and the federal sentencing guidelines are harsh. Further, you could be charged in both state and federal court. I'm in the Tampa area, so feel free to give me a call. Craig Epifanio

Both of my colleagues are correct in what they have said. The key is get an attorney! You mentioned a search and seizure resulting in evidence of trafficking. The first issue to resolve is determining what probable cause existed at the time the cops seized you. That is a threshold question which you should discuss in the privacy of your attorneys office. From that information a theory of defense can be established including pretrial motions to suppress evidence illegally obtained. Whether the case is handled in Federal or state court, the Fourth amendment is the same. Good Luck!!