Flunitrazepam is a benzodiazepine that is used to treat serious insomnia, but it is also a club drug used recreationally by ravers and nightclub goers, along with drugs like GHB and MDMA. If you are accused of or charged with flunitrazepam trafficking, you should contact a drug trafficking attorney as soon as possible. Ideally, you will have an attorney before you are charged. Early intervention by an experienced Tampa flunitrazepam trafficking lawyer may result in a more favorable outcome. At Hanlon Law, we may be able to help you if you have been accused of or charged with trafficking in this controlled substance.Flunitrazepam Trafficking
In order to obtain a conviction for flunitrazepam trafficking, the prosecution must prove that you knowingly bought, sold, made, delivered, or imported (or were in actual or constructive possession of) four grams or more of flunitrazepam or a mixture containing it. Each of these elements must be proven beyond a reasonable doubt, which is a very high standard of proof. This is a felony in the first degree and is punished based on the weight of the flunitrazepam or mixture involved. If you are convicted, the sentence will be based on a threshold weight, but the judge has no power to reduce the sentence based on a mitigating factor, as they would in another type of drug crime case.Mandatory Minimum Sentences for Flunitrazepam Trafficking
|Amount of Flunitrazepam||Imprisonment||Fine|
|4 - 14 grams||3 year minimum||$50,000|
|14 - 28 grams||7 year minimum||$100,000|
|28 grams - 30 kg||25 calendar years minimum||$500,000|
If you are proven to have knowingly sold, bought, manufactured, delivered, or imported into Florida (or are in actual or constructive possession of) 30 kg or more of flunitrazepam or a mixture containing it, you can be convicted of first-degree trafficking. The sentence is life imprisonment with no eligibility for discretionary release, except when executive clemency, conditional medical release, or a pardon has been obtained. It is very difficult to obtain any of these exceptions. Moreover, if the court determines that you also intentionally killed someone, or if you directed or caused an intentional killing, this is a capital felony of trafficking in flunitrazepam.
An experienced flunitrazepam trafficking attorney in the Tampa area can evaluate all of the aspects of your case to determine the defense strategy that has the greatest possibility of success. One common defense strategy is to raise a constitutional violation. There are constitutional protections that restrict the behavior of police officers, and if they exceed their authority to get evidence against you, it is obtained illegally. We can move the court to have it suppressed, and sometimes the granting of a suppression motion guts the prosecutor's case.
In some cases, the police exceed their authority in other ways while using confidential informants or conducting a sting. Entrapment is illegal. The burden of showing entrapment is on us, but if we can establish it, we may be able to obtain a dismissal or acquittal at trial.
Like other club drugs, flunitrazepam is often used by people who are underage or young. If you have not gotten to the age of 21 by the time that you are sentenced, you might qualify for youthful offender sentencing. However, you only have this option once in your life. If you qualify and the judge agrees to sentence you as a youthful offender, the judge does have discretion and is not required to sentence you to the mandatory minimum term of imprisonment.Hire an Experienced Flunitrazepam Trafficking Lawyer in the Tampa Area
In Florida, flunitrazepam trafficking is a crime that is taken quite seriously. Representation by a knowledgeable drug crime attorney can make a huge difference to the outcome of the case and whether or not you will spend time in prison. Our founder, Will Hanlon, is committed to defending the rights of the accused. He has represented criminal defendants since 1994 and is well versed in all criminal defense strategies. You can call Hanlon Law at 813-228-7095 or use our online form to set up an appointment with a Tampa flunitrazepam trafficking attorney.