Are you facing PCP trafficking charges? If so, you may be feeling a range of emotions right now—scared, anxious, confused. The laws governing PCP trafficking are complex; therefore, it is important that you understand them if you want your case to go well. In this blog post, we will discuss four things that you should know about PCP trafficking charges. As well we will provide information on how an attorney can help and what some of the best defenses are.
What is PCP Trafficking, and What Are The Penalties if Convicted?
PCP, or phencyclidine, is a hallucinogenic drug that was first developed in the 1950s as an anesthetic. However, its use was discontinued after patients began to experience serious side effects, including hallucinations and delusions.
PCP is a Schedule II controlled substance, which means it has a high potential for abuse and can lead to severe psychological or physical dependence.
If you are caught selling, purchasing, manufacturing, or knowingly possessing 28 grams or more of PCP in the state of Florida under statute 893.135(1)(d)(1), you will be charged with trafficking in phencyclidine—a first-degree felony. The severity of the penalties for this offense depends on the amount of PCP or substance containing PCP discovered by law enforcement:
- If you are caught trafficking PCP, you will face some serious penalties. The minimum sentence for trafficking less than 200 grams of PCP is three years in prison and a $50,000 fine.
- If you are caught trafficking between 200 and 400 grams of PCP, the minimum sentence is seven years in prison and a $100,000 fine.
- If you are caught trafficking 400 grams or more of PCP, the minimum sentence is 15 years in prison and a $250,000 fine.
- If you are caught trafficking 800 grams or more of PCP, you could be facing capital felony charges.
So, if you are caught trafficking PCP, you could be facing prison time and hefty fines.
What Are The Defenses for PCP Trafficking Charges?
There are a number of defenses that can be used in a PCP trafficking case. These include:
Entrapment
If the police or another law enforcement agency induced you to commit a crime that you would not have otherwise committed, you may be able to claim entrapment as a defense.
Lack of Knowledge or Intent to Traffic
The prosecutor must be able to prove that the person accused had knowledge of the drug and intended to sell it. If there is no evidence of this, the charges may be dismissed.
Insufficient Evidence
In order for someone to be convicted of a crime, the prosecutor must have enough evidence to prove guilt beyond a reasonable doubt. If the evidence against you is weak or nonexistent, your attorney may be able to get the charges dismissed.
Constitutional Violations
If the police violated your constitutional rights during the investigation or arrest, such as by conducting an illegal search and seizure, this might be grounds for getting the charges against you thrown out.
An experienced criminal defense attorney will be able to review the facts of your case and advise you on the best defenses to use in your particular situation.
How to Protect Yourself Against Being Falsely Accused of PCP Trafficking?
If you have been accused of PCP trafficking, it is important to take the accusation seriously and consult with an experienced criminal defense attorney immediately. If convicted, you could face serious penalties, including jail time and a felony record.
Most importantly, be aware of the signs that someone may be considering making a false accusation against you. This can include things like them becoming increasingly hostile or agitated towards you, making strange or unexpected accusations, or suddenly becoming withdrawn or distant.
There are a number of steps you can take to help protect yourself against being falsely accused of PCP trafficking. These include:
- Do not answer any questions without an attorney present if you are contacted by law enforcement. Anything you say can and will be used against you in court.
- Do not consent to any searches of your property without a warrant. If the police do not have a warrant, they may be acting on false information or trying to gather evidence illegally.
- Keep calm and cooperate if you are arrested. Again, you should not say anything to the police without an attorney present.
- Contact an experienced criminal defense attorney as soon as possible. They will help you navigate the criminal justice system and protect your rights.
How Can an Attorney Help You Fight The Charges
Even though the situation may seem scary right now, the truth is that there are many ways an experienced criminal defense attorney can help someone like yourself get out from under these charges—or at least minimize any damage they cause while they’re pending in court.
It’s important to remember that you have rights, and there are ways to fight the charges. Here are five reasons why you need to hire a criminal defense attorney to help with your case:
- An attorney can help you understand the charges and what they mean, including explaining the case to you from a legal standpoint.
- They can help you investigate the charges and gather evidence to support your defense.
- An attorney can negotiate with the prosecutor on your behalf.
- They can help you understand your options and make sure you are making the best decisions for your case.
- An attorney can fight for your rights in court. And if your rights have been violated during the investigation and prosecution process, this could lead to the dismissal of charges against you.
If you’ve been charged with trafficking PCP, it is important to take the accusation seriously and consult with an experienced criminal defense attorney immediately. An experienced attorney can help you navigate the criminal justice system, protect your rights, and build a strong defense against the charges.
Our criminal defense attorneys at Hanlon Law Tampa are experienced in handling all types of drug cases, including trafficking in PCP. We understand the serious nature of these charges and will work tirelessly to ensure your rights are protected throughout the criminal justice process.
Contact us today to schedule a free consultation.
Hanlon Law
210 N Pierce St
Tampa, FL 33602
(813) 228-7095
https://www.criminalattorneytampa.net
