U.S. Rep. Trey Radel, R-Fla., pleaded guilty to possession of cocaine in court on Wednesday and ultimately decided to take a leave of absence from his job as congressman. But legally, things could have been a whole lot worse for the Fort Myers Republican had he been arrested and convicted of the same charge in his home state of Florida.
Possession of cocaine is a misdemeanor charge in the District of Columbia where Radel was arrested. It carries a maximum penalty of 180 days in jail and up to a $1,000 fine.
But in Florida, the same charge is a third-degree felony, which means the crime not only has a more serious legal label, but a greater sentence as well. If Radel had received the charge in the Sunshine State, he could have been sentenced to any combination of five years of probation, five years in prison or a $5,000 fine.
On top of that, those adjudicated guilty upon conviction have their drivers licenses suspended for two years. Convicted felons also lose their voting rights and the right to carry firearms.
So when it gets down to the nitty gritty of sentencing, Radel got a relatively good deal out of his guilty plea.
"I've hit a bottom where I realize I need help," Radel told a judge after he acknowledged he purchased 3.5 grams of cocaine from an undercover police officer.
Radel was sentenced to a year of probation. If he successfully completes probation, the charge against him will be dismissed and he then can apply to have his record expunged.
As part of Radels plea agreement, he had to acknowledge that he agreed to buy the cocaine for $260 in Washington, D.C., on Oct. 29. After the undercover officer gave Radel the cocaine, federal agents confronted him, according to court documents.
Radel agreed to talk with the agents and then invited them to his apartment, where the documents said he also retrieved a vial of cocaine he had there.
Radel apologized for his actions after word got out he had been arrested.
"I'm profoundly sorry to let down my family, particularly my wife and son, and the people of Southwest Florida," he said. "I struggle with the disease of alcoholism, and this led to an extremely irresponsible choice. As the father of a young son and a husband to a loving wife, I need to get help so I can be a better man for both of them.
"This unfortunate event does have a positive side, Radel continued. It offers me an opportunity to seek treatment and counseling. I know I have a problem and will do whatever is necessary to overcome it, hopefully setting an example for others struggling with this disease."
Radel's lawyer, David Schertler, said in court that Radel had already entered outpatient treatment in Washington and would also seek treatment in Florida.
Radel is the first sitting member of Congress to be charged with a drug offense while in office in nearly 30 years. Former U.S. Rep. Frederick Richmond, D-N.Y., was convicted in 1982 on charges of tax evasion and drug possession.
Some called for Radel's resignation on Wednesday.
"Congressman Trey Radel's conduct is an embarrassment to his district and to the state of Florida," said FDP Executive Director Scott Arceneaux. "The issues facing Florida and our country are too serious. Congressman Radel should resign immediately and allow the voters of Florida's 19th Congressional District to elect a representative that is able to effectively and honorably serve them."
Radel did not, however, decide to step down. He did not say when he would return to Congress, but did tell reporters he would be donating his salary to charity while he is away from Washington.
Radel's term in Congress has been relatively short -- he has only been in office since January. He was elected to the House of Representatives in 2012, winning the seat with 63 percent of the vote. He would be eligible for reelection in 2014.
Reach Tampa-based reporter Allison Nielsen at Allison@sunshinestatenews or follow her on Twitter at @AllisonNielsen.
