Flunitrazepam is also known as Rohypnol, or a date rape drug. It is an intermediate acting benzodiazepine utilized to address very serious insomnia. It can result in drug dependence or benzodiazepine withdrawal syndrome, and it impairs cognitive function, but it is also an illegal club drug. If you are being investigated for flunitrazepam trafficking or a related drug crime, you should consult an experienced St. Petersburg flunitrazepam trafficking lawyer right away. At Hanlon Law, we strongly believe in the rights of the accused, and we may be able to obtain a more favorable outcome in a client's case by getting involved at an early stage of the case.Charges and Penalties for Flunitrazepam Trafficking
To secure a conviction for flunitrazepam trafficking, the state's attorney must show beyond a reasonable doubt each of the following elements: you knowingly made, delivered, imported into the state, bought, sold, or maintained actual or constructive possession of four grams or more of flunitrazepam or a flunitrazepam-containing mixture. Flunitrazepam trafficking is a first-degree felony, but the punishment can differ depending on the weight of the flunitrazepam involved. A judge does not have the discretion to impose a lighter sentence based on mitigating factors, which makes it important to consult a St. Petersburg criminal attorney to fight the charge.
If 4-14 grams of flunitrazepam is involved, you face a potential mandatory minimum sentence of three years’ imprisonment. If 14-28 grams of flunitrazepam is involved, you face a potential mandatory minimum sentence of seven years and a $100,000 fine. If 28 grams-30 kg is involved, you face a potential mandatory minimum sentence of 25 years and a $500,000 fine. When 30 kg or more is involved in a trafficking offense, you face the potential of life imprisonment with only extremely limited and difficult-to-obtain forms of discretionary release, such as a pardon, conditional medical release, or executive clemency. If a judge decides that you caused an intentional killing or counseled someone such that a natural lethal result occurred, you can be charged with a capital felony. A flunitrazepam trafficking attorney in the St. Petersburg area can help you try to avoid these harsh consequences.
Flunitrazepam is often used by young club-goers along with such drugs as GHB or MDMA. If you are not yet 21 at the time of sentencing, it may be possible to get youthful offender sentencing. This option is only available once in an individual's lifetime, but it does allow a judge discretion to sentence you to less than the mandatory minimum imprisonment term.
Our St. Petersburg flunitrazepam trafficking attorney evaluates all of the facts of our clients' cases to determine the most appropriate defense strategy. In some cases, it is appropriate to set out constitutional or procedural violations. These may involve, for example, an illegal search and seizure that resulted in finding the flunitrazepam at issue. However, this could also include problems with the way that the flunitrazepam was tested or handled by forensic scientists. In some cases, it is possible to get the flunitrazepam itself suppressed, which can result in a dismissal.
In other cases, it may be possible to establish entrapment or substantial assistance. By statute, police officers engage in entrapment when they induce or encourage and thereby cause someone else to engage in conduct that is considered a crime by using methods of persuasion or inducement that create a substantial risk that the crime will be perpetrated by someone who is not otherwise ready to perpetrate it. Often, entrapment occurs when the police are trying to obtain evidence of the commission of a crime, so an entrapment argument is unlikely to be successful if the prosecutor can show from your priors that you were already "ready to perpetrate" flunitrazepam trafficking.Consult an Experienced Flunitrazepam Trafficking Lawyer in St. Petersburg
You should hire an aggressive criminal defense attorney if you are being investigated for flunitrazepam trafficking. Since a judge does not have the discretion to sentence an adult to less than the mandatory minimum term of imprisonment, you should retain an attorney who will mount a strong defense at the earliest possible stage. Our founder, Will Hanlon, has been providing aggressive and knowledgeable criminal defense representation since 1994. You can call Hanlon Law at (727) 897-5413 or complete our online form.