Orlando Possession of GHB Attorneys
Possession of GHB or gamma-hydroxybutyrate is generally a less serious drug offense than distributing, manufacturing or trafficking, however the punishment for those convicted is still serious. Possession of GHB is a third-degree felony under Florida Statute 893.13. A Schedule I controlled substance, GHB currently has no accepted medical use in the U.S. and is highly abused. Many drug offenses involving simple possession are charged as misdemeanors, but GHB does not. The fact that the possession of this drug results in felony charges should be reason enough for concern. At Adams & Luka, our drug crimes attorneys work aggressively to protect the legal rights and freedom of clients accused of possessing illegal substances.
Possession of less than one kilogram of GHB is a third-degree felony. If the amount of gamma-hydroxybutyrate is more than one kilogram, a suspect may face trafficking charges. It is important to note that the weight of GHB is determined by the weight of a mixture containing the drug, and not the weight of the GHB alone.Penalties for Possession of GHB in Florida
If found guilty of GHB possession, the penalties include:
- A maximum of five (5) years in prison
- A maximum of five (5) years of probation
- A $5,000 fine
In addition to criminal penalties those convicted of this drug offense will have their driver's license suspended for a period of one year. A judge has the discretion to sentence a defendant to prison time, probation, or any combination of the above. A criminal conviction on an individual's record also impacts employment and housing opportunities, the ability to obtain a student loan, and more.
Some who face charges are guilty, others are innocent. Unfortunately, there are many innocent people who sit behind prison bars today convicted of crimes they did not commit. Our Orlando criminal defense lawyers know how prosecutors work; when it comes to drug crimes, they will do everything in their power to secure a conviction. This is why it is so important to work with a skilled and capable defense attorney from the very beginning.Common Defenses to Possession of GHB Charges
There are several defenses that may be used to fight the charges if a defendant's case goes to trial, depending on the facts of the case. These include:
- Lack of knowledge
- Personal use
- Illegal search and seizure
- Constructive possession
- Valid prescription
Individuals who suffer from narcolepsy in rare cases may have a prescription for GHB. You may have been in possession of the substance without even realizing it; for instance, a friend or acquaintance puts GHB in your vehicle, purse, or pocket without your knowledge. Police may not have had probable cause to arrest you and used a substantial amount of force to make you submit to a search. If prosecutors are attempting to ramp up the charges to delivery, manufacture, etc., a personal use defense may be effective in showing you had less than one kilogram of the substance.
Law enforcement agents often exceed their authority when it comes to drug offenses. They will also use an enormous amount of pressure and even lie when interrogating a suspect. You must work with an experienced Orlando criminal defense lawyer who is familiar with the tactics police and prosecutors use in an effort to secure a conviction.Contact Adams & Luka Now
The consequences of a conviction for GHB possession are much more far-reaching than you might think. No one wants to spend time in prison, or have allegations of wrong-doing affect their reputation or career. While every person is innocent until proven guilty, it seems our society today deems those accused of a drug crime guilty until proven innocent. At Adams & Luka our top priority is having charges dismissed when possible, or reduced in order to minimize the damage and punishment. Should your case go to trial, we will have a strong defense strategy in place and fight vigorously to avoid a conviction. Contact our Orlando drug crime defense law firm for a free consultation now.