Morphine Possession (30 kg or More)
Morphine is an addictive pain medication used for relief of moderate to severe pain. However, it can trigger serious or life-threatening breathing problems. Slowed breathing, shortness of breath, and long pauses between breaths can necessitate emergency medical treatment. When too much is ingested, it can result in a deadly overdose. Morphine is prescribed by doctors, but it is also obtained on the street for recreational use. Morphine possession of 30 kg or more is an extremely serious charge. If you are charged with morphine possession of 30 kg or more, you face the possibility of a long mandatory sentence. Bradenton morphine possession lawyer Will Hanlon fights for people accused of trafficking in many types of narcotics, such as morphine, meth, cocaine, cannabis, and hydrocodone.Penalties for Morphine Possession of 30 kg or More
Possession of 30 kg or more of morphine is a first-degree felony drug trafficking charge. To obtain a conviction for this charge, the State will need to establish beyond a reasonable doubt that you: (1) knowingly (2) actually or constructively possessed (3) at least 30 kilograms of morphine or a morphine-containing mixture. You could also face morphine trafficking charges for delivering, importing into the state, buying, or selling 30 kg or more of morphine. This charge is a first-degree felony charge, for which you can face a mandatory minimum sentence of life in prison. In most cases, you will not be able to obtain a discretionary release, although there are certain exceptions.
When a judge determines that you possessed 30 kg or more of morphine and also intentionally killed another person or caused someone else's death, whether through commanding, advising, or persuading someone to kill, or that your conduct led to a preventable, natural death, you can be convicted of capital felony trafficking. This may be punished with death.
However, unlike with other trafficking crimes, aggravating and mitigating factors may be considered, and a morphine possession attorney can help Bradenton residents tell their side of the story. Mitigating factors are those that mitigate or reduce the severity of what you did, and they can include having no significant record, being under the influence of a mental disturbance at the time of committing the crime, or committing it under extreme duress. Aggravating factors include possessing this amount of morphine in a school zone or while threatening someone with a firearm.
The earlier that we can get involved and start developing a defense strategy, the more likely it is that we can make sure that your constitutional and procedural rights are safeguarded or perhaps affect how the prosecutor views the strength of your case. After charges are filed, there are substantive and procedural defenses that a Bradenton morphine possession attorney may be able to raise.
Morphine possession must be proven beyond a reasonable doubt. In most cases, the prosecutor will not be pursuing charges of actual possession when 30 kilograms or more of morphine is involved, but instead constructive possession. In a case that hinges on constructive possession, the prosecutor will need to show beyond a reasonable doubt each of the following: (1) the 30 kg or more of morphine was within your control, (2) you knew that the morphine was in a particular location, and (3) you knew that it was illegal. We may be able to raise a reasonable doubt about whether the morphine was really within your control or whether you knew that it was in the specific place where it was found. If any of these elements cannot be proven beyond a reasonable doubt, and the basis of the charge was constructive possession, the prosecutor will not be able to establish morphine possession of 30 kg or more.
In other cases, it may be appropriate to raise a Fourth Amendment violation. For example, if police failed to get a warrant before searching your home and thereby found the 30 kg of morphine, it may be possible to get the evidence of the morphine suppressed.Consult an Experienced Morphine Possession Lawyer in Bradenton
Morphine possession of 30 kg or more carries extremely harsh penalties. If you need a tough, skillful trial lawyer to fight charges of morphine trafficking, Hanlon Law may be able to represent you. Our founder, Will Hanlon, has defended the accused since 1994. Call Hanlon Law at (941) 462-1789 or complete our online form.