Phencyclidine (PCP) Trafficking
Phencyclidine is also known as PCP. Its street names include Rocket Fuel, Angel Dust, Lovely, and Embalming Fluid. When phencyclidine is combined with marijuana, it may be called Supergrass or Killer Joints. Phencyclidine trafficking is taken very seriously in Florida. If you are convicted, the judge is not allowed to issue anything lower than a mandatory minimum sentence, except in narrow circumstances. At Hanlon Law, Tampa PCP trafficking lawyer Will Hanlon understands how serious the penalties are and knows how important your freedom is. You should contact a drug trafficking attorney as soon as you realize that you are being investigated for PCP trafficking.Phencyclidine Trafficking
You can be charged with trafficking in phencyclidine under Florida Statute section 893.135(1)(d) if you sell, buy, make, deliver, carry into Florida, or possess 28 grams or more of phencyclidine or a mixture that weighs this amount and contains phencyclidine.Mandatory Minimum Sentences for PCP Trafficking
|Amount of Phencyclidine||Imprisonment||Fine|
|28-200 grams||3 years minimum||$50,000|
|200-400 grams||7 years minimum||$100,000|
|400 grams-150 kg||15 calendar years minimum||$250,000|
If you traffic in 800 grams or more of phencyclidine and know that the probable result will be the death of someone, you can be charged with a capital felony and receive a $250,000 fine. You can also face other substantial penalties, depending on the location of the trafficking and whether you sold the PCP to anyone.Defenses
A conviction of PCP trafficking may be avoided through the skillful use of various defense strategies by a PCP trafficking attorney in the Tampa area. Common defenses include constitutional violations, entrapment, substantial assistance, and insufficient evidence. For example, after reviewing your case, we might raise a Fourth Amendment violation and ask the judge to suppress evidence of PCP obtained in violation of your constitutional rights. Fourth Amendment jurisprudence can be complicated, but at its core is the idea that you cannot be subjected to unreasonable searches and seizures and that police must abide by the rules in order to obtain evidence when investigating a crime. The police must have probable cause to obtain a search warrant, and if they did not provide that probable cause or used stale information to get their search warrant, a judge may grant a motion to suppress.
All trafficking charges, like other crimes, must be proven beyond a reasonable doubt. If there is insufficient evidence of even one element of the charge, the prosecution's case can be demolished. To convict you based on constructive possession of PCP, the prosecution needs to prove that you knew that the PCP was in your possession and that you had control and dominion over it. We may be able to show that the prosecution cannot prove one of these elements. For example, if your roommate left a mixture containing PCP in a living room cabinet, you may not have been aware of it, and in that case, you could not be shown to have constructively possessed the PCP.
Sometimes, if you provide the state with information about principals or accomplices involved in drug trafficking, the state will ask the court to suspend or reduce your sentence in exchange for providing "substantial assistance." These situations are tricky, and it is crucial to retain a skilled attorney who can explain to you what your obligations are and who can speak to the prosecutor on your behalf.
In some cases, a confidential informant may have provided substantial assistance to law enforcement about your involvement in PCP trafficking. In that case, we might investigate and call into question that informant's credibility.Discuss Your Options with a PCP Trafficking Lawyer in Tampa
It is of utmost importance to retain a skillful drug crime attorney if you are accused of phencyclidine trafficking. Mandatory minimum sentences are serious, and a judge does not have discretion to give you a lighter sentence in most cases once you have been convicted. The earlier that we get started on your case, the better off that we will be in our efforts to secure a dismissal, negotiate a plea, or provide a strong defense at trial. Our firm's founder, Will Hanlon, is a committed Tampa PCP trafficking attorney who has provided criminal defense representation to the accused since 1994. You can call Hanlon Law at 813-228-7095 or use our online form to set up an appointment.