Morphine Possession (30 Kg or More)
Morphine is a drug that has a huge risk for addiction and abuse that can result in fatal overdoses. It can also trigger severe breathing issues, particularly if the drug is taken with alcohol or other drugs. Generally, doctors are supposed to prescribe the smallest possible dose and for the shortest amount of time. However, some people use morphine recreationally. If you are caught in possession of morphine of 30 kg or more, you can be charged with drug trafficking, a serious crime. At Hanlon Law, our experienced St. Petersburg morphine trafficking lawyer may be able to represent you if you are charged with this offense.Morphine Possession of 30 Kg or More
It is drug trafficking, a first-degree felony, to possess 30 kg or more of morphine or other substances. To establish morphine possession of 30 kg or more, the prosecutor must prove beyond a reasonable doubt that you knowingly actually or constructively possessed 30 kilograms or more of morphine, or any salt, derivative, isomer, or salt of an isomer of morphine or a morphine-containing mixture. You can also be convicted of morphine trafficking if you sold, bought, made, delivered, or imported into Florida 30 kg or more of morphine.
If you are convicted of this charge, it is a first-degree felony, which means that you face a mandatory minimum sentence of life imprisonment. You will not be eligible for most types of discretionary release, with some exceptions.
If the judge decides that you possessed morphine in those amounts and also intentionally killed someone or advised, commanded, convinced, procured, or caused someone else's intentional killing, or your actions led to a natural, fatal result that was not inevitable, you can be charged with trafficking as a capital felony. This is punishable by death. However, aggravating and mitigating factors can be taken into consideration. A morphine trafficking attorney can help St. Petersburg defendants make sure that mitigating evidence is thoroughly presented and aggravating factors are minimized. Aggravating factors include the use of a firearm to threaten, a prior conviction of another capital felony, distributing drugs to minors or within school zones, or commission while under a sentence of imprisonment. Mitigating circumstances include no significant criminal record, commission of the morphine trafficking while under the influence of an extreme emotional or mental disturbance, being an accomplice in a capital felony perpetrated by somebody else, and extreme duress.
Although it is intimidating to be investigated for or charged with a serious crime like drug trafficking, it is vital to speak to an experienced St. Petersburg criminal attorney as soon as possible. Often, the earlier that we get involved, the more likely it is that we can exert influence to ensure that your rights are protected. When you are being investigated, you may not understand the severity of the penalties associated with drug trafficking and the importance of an attorney. There are potential defenses that a St. Petersburg morphine trafficking attorney can raise.
The prosecution needs to prove its case beyond a reasonable doubt. In some cases, particularly in constructive possession cases, it is possible to raise a reasonable doubt about who had control over the area where the drugs were kept, as well as other aspects of the case. Perhaps your possession of the morphine was not knowing. Additionally, there may be procedural and constitutional defenses. Among your rights is a Fourth Amendment right to be free from illegal searches and seizures. Fourth Amendment jurisprudence is complicated, but usually police need a warrant to search a home. In order to get a warrant, a law enforcement officer needs to make a sworn, detailed statement regarding probable cause.
Probable cause exists if a police officer has facts that give them a reasonably trustworthy basis to believe that a crime has been perpetrated or is about to be perpetrated. Probable cause will not exist if the only evidence of criminal activity is an officer's suspicion, but it can be shown through out-of-court statements by trustworthy police informants.Retain a Knowledgeable Morphine Trafficking Lawyer in St. Petersburg
Morphine trafficking is a serious charge. If you need a tough, experienced lawyer to fight charges of morphine possession of 30 kg or more, Hanlon Law may be able to represent you. Our founder, Will Hanlon, has been providing knowledgeable criminal defense representation against drug charges since 1994. Call Hanlon Law at 727-897-5413 or complete our online form.