PCP is an abbreviation for the sedative phencyclidine. It is sold on the street in the form of liquid, white powder, capsules, tablets, and crystal, and it can be many different colors and combined with other drugs. PCP's short-term effects vary depending on how much was taken and the way that it was taken. For example, if PCP is smoked, a user may feel effects in just a couple of minutes. PCP has dissociative effects as well as hallucinogenic properties. If you are charged with phencyclidine trafficking or another serious drug crime, you should retain an experienced St. Petersburg PCP trafficking lawyer. At Hanlon Law, we strongly believe in protecting the rights of the accused.Facing a Phencyclidine Trafficking Charge
Trafficking in PCP or phencyclidine is taken quite seriously in Florida. Upon a conviction, you will face the mandatory minimum sentence except in very limited situations if you are a youthful offender. A mandatory minimum sentence is one from which the judge does not have the usual discretion to depart in case there are mitigating factors, such as a lack of a criminal record. Phencyclidine trafficking is not limited to drug kingpins, and you can be charged if you have, sell, buy, make, or transport into the state 28 grams or more of PCP or a PCP-containing mixture.
If the charges involve 28-200 grams of PCP, you may face a mandatory minimum sentence of three years and a $50,000 fine. If the charges involve 200-400 grams of PCP, you may face a minimum of seven years’ imprisonment and $100,000. If the charges involve 400 grams-150 kg of PCP, you may face a mandatory minimum of 15 calendar years in prison and a $250,000 fine. If you are caught trafficking 800 grams or more of PCP, and you knew that the probable result of this would be somebody's death, you can be charged with a capital felony. You should be aware that the weights apply to any mixture that contains PCP. However, a PCP trafficking lawyer can help St. Petersburg defendants understand the specific penalties that may be at issue in their situation.
A PCP trafficking conviction is not assured. The mandatory minimum is only imposed if the prosecution is able to prove its case beyond a reasonable doubt. This means that one potential defense strategy is to raise a reasonable doubt about your relationship to the PCP and what you were doing with it. In other cases, it may be possible to raise constitutional defenses. For example, if the PCP was seized in an illegal search and seizure, a St. Petersburg criminal lawyer may be able to raise the Fourth Amendment to get the evidence of the drug suppressed. If you made an admission during a custodial interrogation, before which you were not read Miranda warnings, we may be able to get your statement suppressed.
Other potential defenses include entrapment and substantial assistance. Entrapment occurs when police go out of their way to take advantage of somebody not otherwise involved in drug trafficking and use unreasonable methods to do it. It might be hard to raise this defense successfully if you are on probation for another drug offense, but a St. Petersburg PCP trafficking attorney can determine what would be appropriate under your specific circumstances.
Substantial assistance is a defense that can be raised if you strike a particular type of deal. If you give the state information about accomplices and others involved in drug trafficking under a written deal, the state can ask the court to suspend or reduce your sentence. However, if you fail to live up to your written deal, you will not be able to take back your plea in many cases, and you will face the mandatory minimum. Therefore, it is critical to retain an experienced criminal defense attorney before "snitching" on anyone.Seek Representation from a PCP Trafficking Lawyer in the St. Petersburg Area
You should hire an aggressive and experienced criminal defense attorney if you are being investigated for phencyclidine (PCP) trafficking. Since the judge does not have the discretion to sentence you to less than the mandatory minimum, you will want to get an attorney who will mount a vigorous defense at the earliest possible stage. Will Hanlon has been providing aggressive and knowledgeable criminal defense representation since 1994. You can call Hanlon Law at 727.289.0222 or complete our online form.