In Florida, the sale or delivery of GHB or Gamma Hydroxybutyrate is a felony offense that could land you in prison if convicted. GHB is known as a "date rape" drug and is a central nervous system depressant that is an illegal controlled substance. Depending on the circumstances of your case, you could face enhanced charges if the offense occurs within 1,000 feet of a church, convenience store, school, daycare or other public place. At Adams, Luka, & Benton, our Orlando sale and delivery defense lawyers are dedicated to protecting your legal rights while determining the best path forward to securing your freedom and minimizing damaging consequences.
Sale or delivery of GHB involves selling, manufacturing or producing, or delivering any amount of the substance. You may also face criminal charges if you possess any amount of GHB with the intent to sell, manufacture, or deliver GHB. The state must prove specific elements of a drug crime in order for the accused to be convicted, or found guilty. For example, the substance suspected to be GHB must be sent off to the state's Dept. of Enforcement to be chemically tested to determine if the substance is in fact Gamma Hydroxybutyrate. Absence the proof the substance is actually GHB, the state still has no case.
Criminal Penalties for a Conviction on Sale or Delivery of GHB ChargesThose who are found guilty (convicted) of the sale or delivery of GHB in Orlando or surrounding areas of Florida will face harsh punishment which may include:
A judge may sentence you to prison time, probation, or any combination of the above penalties. Additionally, the penalties may be enhanced if you have any prior criminal convictions.
Suspension of a professional license is another possibility when you are found guilty of the sale or delivery of GHB in Florida, along with revocation of your driving privilege for one year pursuant to Florida Statue 893.11. The possession of GHB can easily turn into a sale or delivery charge depending on circumstances such as the amount of GHB possessed or whether there is a large amount of cash on hand or drug paraphernalia (scales, baggies, etc.) that indicate you may have been involved in distributing the drug.
Potential Defenses to Accusations of Sale or Delivery of GHBAs with any crime there are certain defense strategies that may prove effective depending on the facts of your individual case. Some of the most common for those charged include:
Perhaps you had no idea that GHB was present or did not have control or dominion over the cocaine. You may have had no idea that the substance you were in possession of was GHB, or law enforcement went beyond their scope of authority in searching your body, home, or vehicle and seizing potential evidence in a manner that was unlawful. Every person is innocent of any criminal charges until proven guilty beyond a reasonable doubt. Our Orlando drug crimes lawyers are dedicated to protecting your innocence, analyzing the evidence brought against you, and exploring all potential legal options that could result in charges being dismissed or reduced.
Contact Adams, Luka, & Benton ImmediatelyMany people who are wrongfully accused of the sale or delivery of GHB have no idea of how a conviction can affect their lives now and in the future. While no one wants to spend time behind bars, the consequences can be much more far reaching. Your reputation may be ruined; you may not be able to vote, maintain a professional license, or own a firearm for the foreseeable future. When a person is found guilty of a drug offense, unfortunately the stigma may follow the individual for years or even a lifetime. At Adams, Luka, & Benton our Orlando defense attorneys work vigorously to protect your freedom, reputation and future. Contact us today for a free consultation.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.