Flunitrazepam is also known as Rohypnol or a date rape drug, and it is used in some countries to treat severe insomnia. It is a benzodiazepine associated with date rape because it has been slipped into people's drinks at parties for the purpose of rendering them unconscious. Often, Rohypnol is combined with other drugs such as Ecstasy by people who go to dance clubs or raves. If you are caught with a certain threshold amount of flunitrazepam, you can be charged with drug trafficking, which is a very serious charge. If you are charged with flunitrazepam trafficking, you should consult an experienced criminal attorney. At Hanlon Law, Clearwater flunitrazepam trafficking lawyer Will Hanlon fights for the rights of the accused.Understanding Flunitrazepam Trafficking Charges
Trafficking charges are serious. If you are charged with flunitrazepam or Rohypnol trafficking, you are facing a first-degree felony charge for which a mandatory minimum sentence can be imposed. When mandatory minimum sentences are required by statute, the judge loses the discretion that he has in other drug crime cases to consider mitigating factors, such as whether the charge is a first offense. Instead, the statute prescribes a particular sentence, regardless of what the facts and circumstances surrounding the charge are.
A prosecutor trying to secure a conviction for Rohypnol trafficking must prove certain elements beyond a reasonable doubt: (1) you knowingly (2) actually or constructively possessed, bought, sold, made, delivered, or carried into Florida (3) at least 4 grams of Rohypnol. A flunitrazepam trafficking attorney can help Clearwater residents determine if they have a defense against any of these elements. If the prosecutor proves these elements beyond a reasonable doubt, the judge will impose a mandatory minimum sentence. When 4-14 grams of Rohypnol is at issue, the judge must sentence you to 3 years’ imprisonment and a $50,000 fine. When 14-28 grams of Rohypnol is at issue, the judge must sentence you to a mandatory minimum sentence of 7 years plus a $100,000 fine. When 28 grams-30 kg is at issue, you face a potential mandatory minimum sentence of 25 calendar years and a $500,000 fine. If there is at least 30 kg of Rohypnol at issue, you can be imprisoned for life and will be ineligible for most forms of discretionary relief.
What if you are under age 21 at the time of sentencing? Sometimes it is possible to get youthful offender sentencing for college students and other young people, which gives the judge discretion to depart below the mandatory minimum sentence prescribed under the statute. A Clearwater criminal attorney can only use this option once, but it can be appropriate to use it in connection with a flunitrazepam trafficking charge, since the mandatory minimum sentences are so bleak.
The best defense for Rohypnol trafficking depends on the situation at hand. In some cases, it may be appropriate for a Clearwater flunitrazepam trafficking attorney to attack how the evidence was obtained in a motion to suppress. A motion to suppress is a request that the court exclude certain evidence from being used to convict you because it was obtained through unreasonable actions by the police or other government officials. If we successfully challenge evidence in a motion to suppress, the evidence may be thrown out, or there may be a dismissal of the charge. Often, motions to suppress are based on warrantless searches or seizures of an individual's person, home, or car in violation of their Fourth Amendment rights. In addition, it may be appropriate to file a motion to suppress a confession or another incriminating statement obtained through coercion without informing a suspect about the right to remain silent.Hire an Experienced Flunitrazepam Trafficking Lawyer in Clearwater
Rohypnol or flunitrazepam trafficking charges can result in a harsh sentence that includes significant prison time and a substantial fine, as well as loss of social reputation and stigma. A trafficking conviction can affect your ability to find housing, get a job, obtain financial aid for college, secure or keep a professional license, and preserve your gun rights. Our founder, Will Hanlon, is dedicated to protecting the rights of the accused and has represented clients charged with drug crimes since 1994. He understands what the possible defense strategies are and which are likely to be successful in a client's case. You can call Hanlon Law at 727.897.5413 or complete our online form.