Jacksonville Criminal Attorney Blog

Marijuana laws changed in two states this election season.

In Massachusetts, it will no longer be a crime to possess less than one ounce of marijuana. (pot) There will be no more criminal penalties, which were 6 months in jail and a fine of $500.00. This measure passed by 30%, even though the poice, Mothers Against Drunk Driving (MADD), the governor, and the mayor of Boston were against it.

In Michigan, seriously sick patients will be able to use marijuana for medical purposes with a doctor's approval. These patients can grow the pot and have it in their possession. The patients will be given an ID card. This measure passed by 26%.

If you have any questions about marijuana (pot) charges in Jacksonville, call our Jacksonville Marijuana Attorneys at (904) 634-0900.

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Posted In: Drug Crimes

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Five correctional officers from Dade Correctional Institution have been arrested for attempting to traffic drugs inside the maximum security prison in Florida City. The FBI reports that Captain Jimmy Love Jr., Officer Dennard Flukler, Officer Alex Davis, Officer Ivis Grace, and Officer Shantavia Johnson conspired and attempted to sell drugs to inmates in the prison.

Each of these officers could be punished by serving 20 years in prison and be charged with a $250,000 fine.

All law enforcement officers, including correctional officers, have accepted a position to maintain law and order. When you are in the business of enforcing laws, you should be held to a higher standard in society when you break the laws you enforce on others.

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Posted In: Drug Crimes , Police

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A police officer in Polk County, Florida has been arrested for selling Oxycontin to a detective. Shawn Lucas, who was off-duty at the time, agreed to sell the detective 4.4 grams (15 pills) for $200.00. After the arrest, the detective found a loaded handgun in Lucas' car. He was charged with armed drug trafficking.

The crime of Trafficking in drugs in Florida has different levels depending on the type of drug and the amount of drugs possessed. In this case, because the weight of the Oxycontin is over 4 grams, it qualifies as a trafficking amount. If the amount possessed was over 4 grams, as in this case, there is a 3 year minimum mandatory prison sentence and a $50,000.00 fine. Possessing the gun will also enhance the possible punishment.

If you have any questions about drug charges in Jacksonville, call our Jacksonville Drug Attorneys at (904) 634-0900.

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Posted In: Drug Crimes , Police

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Many people ask whether or not they can be prosecuted for DUI (Driving Under the Influence) if the person arrested blows below the legal limit? The answer is yes.

The Jacksonville Sheriff's Office will request that you submit to a urine test to detect the presence of drugs in your system. If any drug is detected, the State Attorney's Office can still choose to prosecute the DUI.

According to the U.S Department of Health and Human Services, marijuana is the most common illegal substance used by people who report driving after using. Marijuana is also believed to be the most commonly used drug in America. It can still be in your system well after the effects of the marijuana are gone. The prosecutor will have to prove that the person arrested for DUI was effected to the extent his normal faculties were impaired while driving a car.

If you have any questions about marijuana use and Driving Under the Influence, call our Experienced Jacksonville DUI Attorneys at (904) 634-0900.

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Posted In: DUI - Driving Under the Influence , Drug Crimes

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In the 2008-2009 budget proposed by Jacksonville mayor John Peyton, $250,000 was added to fund Duval County drug court. Drug Court is for non-violent people charged with felony drug offenses. It was started in 1994 and if you successfully complete the program, the state attorney will drop the drug charges. Drug Court's focus is treatment and there are different levels of treatment offered. You have to be evaluated by River Region, a drug treatment center, and they will evaluate what level of treatment you need.

Jacksonville Drug Court has 10 key factors for success:

1. Drug Court integrates drug/alcohol treatment with the criminal justice system.

2. The state attorney and the criminal defense attorney cooperate to aid you in your recovery while protecting your rights.

3. As a criminal defendant with drug charges, you are identified early as a candidate for Drug Court and are placed there quickly.

4. You are tested frequently for drug and alcohol use.

5. Drug Court provides treatment for free.

6. You essentially will be on a "case plan" for success.

7. You will go before the judge on a regular basis to monitor your progress.

8. Your progress is monitored and evaluated to assure your success.

9. Many disciplines are used in the Drug Court process.

10. Cooperation with other public agencies enhances Drug Court's success.

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Another Jacksonville Jaguar player has been arrested. This time it was for the criminal charge of Possession of Cocaine.

Under Florida law, "possession" of drugs can be actual or constructive. Actual Possession means the drugs are in your hand, on your person, in a container in your hand or on your person, or the drugs are so close to you that they is in ready reach or under your control. Constructive possession means that the drugs are in a place over which you have control or the drugs are somewhere you have hidden them. To have constructive possession, the Jacksonville prosecutor has to prove you had control of the drugs, you had knowledge that the drugs were in your presence, and you had knowledge the drugs were illegal.

If you have any questions about drug possession charges, please call our experienced Jacksonville Criminal Defense Attorneys at (904) 634-0900.

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Beginning Tuesday, July 1, 2008, it takes a lot less pot to be considered a "grow house". In Florida, if a house has 25 or more marijuana plants in it, it will be considered a "grow house". That means that someone arrested for this crime could get up to 15 years in prison for simply having the plants in the house. Before Tuesday, a "grow house" house had to have 300 plants. The new law also allows the police in Florida to dispose of all the equipment from the house instead of keeping it for a possible trial if they took pictures and video.

There are also several other marijuana crimes in the State of Florida. Simple possession of less than 20 grams of pot is a first degree misdemeanor punishable for up to one year in jail. If a person possesses more than 20 grams of marijuana, that is a third degree felony punishable for up to 5 years in prison. If someone possesses 25 pounds of marijuana or 300 or more cannabis plants, that is considered trafficking in marijuana and the arrested person is facing up to 30 years in prison.

Continue reading "Florida Marijuana Crimes get Serious Punishment" »

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