Methamphetamine is a stimulant and highly addictive drug that is chemically akin to amphetamine. In crystal form, it can look like shiny rocks or glass pieces. On the street, it is sometimes known as crank, ice, or speed. People ingest it through inhaling, swallowing, injecting, or snorting. When you possess or do another activity with methamphetamine that involves a certain threshold amount, you can be charged with methamphetamine trafficking. Clearwater meth trafficking lawyer Will Hanlon can help defendants fight these charges or charges related to trafficking in other drugs, such as cannabis or cocaine.
Methamphetamine Trafficking ChargesTrafficking is a very serious drug crime. If a prosecutor can prove her case beyond a reasonable doubt, the judge must impose the mandatory minimum sentence set forth by statute. The judge does not have the discretion that he has in other types of drug cases to consider mitigating factors, such as this being your first offense if it is. As a result, if you are being investigated for methamphetamine trafficking, you will need to hire an experienced and tenacious Clearwater criminal defense attorney.
You can be convicted of the first-degree felony of methamphetamine trafficking under Florida Statute section 893.135(1)(f)(1) if a prosecutor can show the following elements beyond a reasonable doubt: (1) you knowingly (2) actually or constructively possessed, purchased, sold, manufactured, delivered, or carried into Florida (3) a minimum of 14 grams of meth or a mixture that included meth. Importantly, the 14 grams need not be pure meth but can be the weight of a mixture that contains any amount of meth. A meth trafficking attorney in Clearwater will be alert to this nuance and can help you understand the penalties that you may face.
If you are caught with at least 14 grams of meth or a mixture containing meth, you can potentially be sentenced to a mandatory minimum term of imprisonment. When there are 14-28 grams of meth involved, the mandatory minimum sentence is 7 years in prison and a $50,000 fine. When there are 28-200 grams of meth involved, the mandatory minimum sentence is a prison term of 7 years and a $50,000 fine. If 200 grams or more are involved, you can face up to 15 calendar years and a $250,000 fine. If you carry 400 grams or more into the state, and you know that the likely result of doing this is somebody else's death, you can be charged with capital felony importation or manufacturing.
There are defenses to meth trafficking that a Clearwater meth trafficking attorney can raise on your behalf. You have a presumption of innocence. All crimes, including meth trafficking, must be proven beyond a reasonable doubt. You are not required to prove that you did not do it. Beyond a reasonable doubt is an extremely high standard. It is not a forced, imaginary, speculative, or possible doubt. Doubt should not influence the jury to come back with a verdict of not guilty when it has an abiding belief that you are guilty, but if the jury is wavering or vacillating, it is supposed to come back with a not guilty verdict. The doubt in that case is reasonable. Sometimes, the strongest defense is to raise a reasonable doubt with the jury about the evidence by pointing to a conflict or showing some lack of evidence. In other cases, it is crucial to attack the evidence itself. Sometimes the way that evidence is obtained is by violating a suspect's constitutional rights, particularly Fourth or Fifth Amendment rights.
In other cases, it may be appropriate to use a more substantive defense against charges of meth trafficking. This could include arguing either subjective or objective entrapment. The government is not supposed to be able to convict you if its actions were coercive and the reason why you took a particular action. If we argue subjective entrapment, for example, we must prove that it is more likely than not that law enforcement officers induced you to traffic in meth when you did not have a proclivity for doing so. This might be an appropriate defense if you have no criminal record involving drug crimes. However, in some cases, the court will consider an objective entrapment defense, which involves reviewing the totality of the circumstances to decide whether the police officer's behavior adhered to principles of fairness.
Get Assistance from a Meth Trafficking Lawyer in Clearwater or Surrounding CitiesMethamphetamine trafficking in Clearwater often carries harsh consequences. You can face imprisonment, substantial fines, difficulty finding a job or housing, loss of reputation, and ineligibility for certain kinds of licensing and educational financial aid. Our founder, Will Hanlon, is dedicated to protecting the rights of people accused of serious drug crimes, such as trafficking in meth, GHB, GBL, or heroin. Call Hanlon Law at 727.897.5413 or use our online form.