Gamma-hydroxybutyric acid (GHB) is a central nervous system depressant that lowers significant daytime sleepiness and cataplexy in narcoleptic patients. It is a controlled substance that is also a naturally occurring substance. It is used on the street for recreational or date rape purposes under the names liquid ecstasy, juice, or G. It can be found in small amounts in some citrus fruits, beef, wine, and beer. If you are caught with a statutorily proscribed threshold amount of GHB in Clearwater, you can be charged with gamma-hydroxybutyric acid trafficking. At Hanlon Law, our Clearwater GHB trafficking lawyer protects the rights of the accused.Gamma-Hydroxybutyric Acid (GHB) Trafficking
A prosecutor can win a conviction for GHB trafficking by proving that you knowingly bought, sold, made, delivered, brought into the state, or actually or constructively possessed, the threshold amount of 1 kg of GHB or a mixture that included GHB. It is important to be aware that you can be charged based on the mixture weighing 1 kg, even if the amount of pure GHB is less than 1 kg, and other substances or drugs like GBL were mixed into it. In most cases, prosecutors need to show constructive rather than actual possession. Actual possession occurs when 1 kg of GHB is found on you, while constructive possession of GHB would occur if you knew that GHB was present and could control or exercise your dominion over it.
If 1-5 kg of GHB is involved in your trafficking charge, the judge is supposed to sentence you to a mandatory minimum sentence of three years in prison and a fine of $50,000. If 5-10 kg of GHB is involved, the judge is supposed to sentence you to a mandatory minimum of seven years in prison and a fine of $100,000. If 10 kg of GHB or more is involved, the judge is supposed to sentence you to a mandatory minimum of 15 calendar years in prison and a fine of $250,000. However, a GHB trafficking attorney can help Clearwater residents try to avoid these harsh penalties.
When a prosecutor shows that you knowingly made or imported into Florida at least 150 kg, and you knew that the probable result of the action was somebody else's death, you can be charged with importation or capital manufacturing of GHB. You may be sentenced to life in prison without possibility of parole, in addition to a huge fine. Under Florida Statute section 322.055, you can have your driver's license revoked for one year if convicted.
You should not assume that the prosecutor has enough evidence to prove your case beyond a reasonable doubt. A Clearwater GHB trafficking attorney may be able to attack evidence seized in an unreasonable search and seizure that violated your Fourth Amendment rights or evidence obtained in a confession taken in violation of your Fifth Amendment rights.
Sometimes it is possible to provide substantial assistance to the police in order to avoid the mandatory minimum sentencing required for GHB trafficking convictions. The prosecutor can ask the court to suspend or reduce your sentence for GHB trafficking if you gave substantial assistance in identifying, arresting, or getting a conviction of someone else engaged in drug trafficking. You should not volunteer this information to the prosecutor without working with an experienced Clearwater criminal defense attorney. When we utilize this strategy, we provide this assistance under a "Substantial Assistance Contract." The contract will require that you help police to arrest a certain number of people involved in drug trafficking within a set time period. You should be aware that if you do not deliver the number of people specified in the contract, you will serve the mandatory minimum sentence that applies, even if you used your best efforts to help the police.Hire an Experienced GHB Trafficking Lawyer in Clearwater or Surrounding Areas
Gamma-hydroxybutyric acid trafficking charges can result in a conviction that leads to substantial time in prison, an expensive fine, and loss of reputation. Once you get out of prison, you may find it difficult to rent a home, get a job, go to school, or get a professional license. Our founder, Will Hanlon, has dedicated himself to protecting the rights of people accused of trafficking in GHB and other drugs, such as cocaine or heroin, since 1994. You can call Hanlon Law at 727.897.5413 or complete our online form.