Orlando GHB Trafficking Attorneys
In the state of Florida, trafficking in GHB or gamma hydroxybutyric acid is a drug offense that will leave those found guilty facing serious punishment, including prison time, a criminal record and substantial fines. Florida Statute 893.135(1)(h)(1) defines trafficking in GHB as knowingly possessing, purchasing, selling, manufacturing, delivering or transporting an amount of GHB that is one kilogram or more. A few of the street names for GHB include Gamma-oh, liquid ecstasy and liquid X. If you have been arrested or are under investigation for trafficking of any illegal substance it is vital to contact an Orlando GHB trafficking lawyer immediately. At Adams & Luka we work vigorously to secure good results for our clients.
It is important to note the weight in regards to trafficking of GHB is determined not by the amount of pure GHB in the mixture, but the aggregate (entire or blend weight) of the product or substance in question. This is a first-degree felony drug charge, typically assigned a level 8 or 9 offense under the state's Criminal Punishment Code.Florida Penalties for Trafficking in GHB
If convicted of GHB trafficking, there are mandatory minimum prison sentences which means you will serve a minimum term behind bars, as the length of punishment is not determined by the judge. Punishment depends on factors including the amount of GHB involved, criminal history, etc. with guidelines as follows:
- 1 to 4 kilograms will result in a mandatory minimum of 3 years in prison, however a maximum 30 year sentence may be imposed by the judge; fine of $50,000.
- 5 to 9 kilograms will result in a mandatory minimum of 7 years in prison, with a maximum of 30 years behind bars; $100,000 fine.
- 10 or more kilograms will result in a mandatory minimum of 15 years in prison, with a maximum of 30 years behind bars; $250,000 fine.
Those who hold a professional license issued by the state of Florida and are found guilty of trafficking in GHB may have their license suspended pursuant to Florida Statute 893.11 . Your driver's license will also be revoked by the DHSMV for a period of one year.
A conviction also results in a criminal record which can be found by anyone performing a background check including potential employers, landlords and others. While the general public cannot typically run a background check, anyone can access a person's criminal record.Common Defenses to Charges of GHB Trafficking
There are several strategies often used by Orlando drug crimes defense attorneys depending on the facts of each individual case. It is always best to have charges dismissed when possible, however when a case must move forward to trial it is imperative to have a solid defense in order to have the best chance of obtaining an acquittal, or "not guilty" verdict. Some defenses include:
- Illegal search and seizure. Police often go beyond the boundaries of their authority, performing searches of a person, home, or vehicle without obtaining the proper search warrant. They may arrest you without probable cause. When evidence is obtained illegally, it may be suppressed in court which essentially means it is thrown out - the prosecutor cannot use the unlawfully obtained evidence.
- Insufficient evidence. Insufficient evidence is exactly as it sounds; the evidence that you were in actual or constructive possession of GHB is lacking. Actual possession means the GHB was on your person, while constructive possession means the GHB was in a location where more than one person had access, such as vehicle's glove box or center console.
- Entrapment. Police or law enforcement officials often go "undercover" in an effort to coerce someone they suspect is involved in drug trafficking to commit a crime. With entrapment, an unknowing victim may be persuaded to commit a criminal offense the person would not normally have committed. Charges may be dismissed if the court can prove entrapment.
Substantial assistance, although not a defense, may be effective for avoiding the mandatory minimum sentence for those convicted of GHB trafficking. Substantial assistance involves assisting law enforcement by providing significant information that will help police identify, arrest, or convict other individuals who are involved in drug trafficking in return for a reduced or suspended sentence.Contact Adams & Luka Now
Trafficking in GHB is an extremely serious drug offense. If you have been arrested or charged with this crime, it is important to your freedom, reputation and future to work with a skilled and aggressive Orlando GHB trafficking defense attorney. For unsurpassed legal guidance and support, we urge you to contact Adams & Luka for a free consultation at (407) 872-0307.