Jacksonville Criminal Attorney Blog

Jacksonville police are gearing up for the increasing drug crimes that are present in our city. One of the many ways in which the police do this is by conducting drug stings. If one has been a victim of the drug sting, one should obtain an experienced attorney to ensure their rights are protected.

According to the Florida Times-Union, Jacksonville police busted Wayne Jenkins for selling crack cocaine to an undercover detective on Friday and again on Saturday. This sting was part of a city wide operation to arrest known drug dealers, traffickers, and buyers.

Jacksonville drug crimes cases normally involve someone who happens to be possessing a drug, and sometimes selling a drug to a undercover police officer, who then arrests them for selling the drug. However, sting operations, not as widely used, are quite interesting and sometimes rather complicated.

The most common forms of stings, when used for the purposes of drug busts, are where an undercover police officer poses as a seller looking for a buyer, or as a buyer look for a seller. However, Jacksonville, as well as other cities, are using these sting operations in conjunction with other operations such as beefed-up patrols, crackdowns, and sweeps.

One problem with sting operations is the numbers of drug dealers, sellers, distributors and buyers that are arrested. The Jacksonville Police Department reports the numbers of drug crime arrests are going up and that they are cleaning up the streets. This reporting increases faith in our police officers protecting and serving us. However, sometimes, one or two police officers pressure people who normally would not commit the drug crime to commit the crime: This is entrapment.

Entrapment is a very widely known defense; however, most only know very little about this very important defense. The entrapment defense comes into action typically when a police officer pressures or pushes someone to commit a crime, in this case, a drug crime, when they normally would not. Most times this involves the undercover cop egging the accused on and pushing him or her to sell or buy the drug.

This happens many times with police stings and undercover drug busts. Unfortunately, most do not know this defense exists until it is too late. However, if one obtains an experienced Jacksonville drug crimes attorney to fight for one’s case, one will be able to know if this defense applies to them, and may be able to have their charges completely dismissed.

Continue reading "What Police Drug Stings Mean For Residents Of Jacksonville " »

Drugs can be some of the most addictive substances in the world, and unfortunately, when put in the proper place at the proper time, an addict as a pharmacist can be like a fox watching over a hen house. However, if one is charged with a similar offense, one should contact an experienced attorney to fight for one’s case and get the help and defense one needs.

According to the Florida Times-Union, Robert N. Classon, a pharmacist for Baptist Medical Center Beaches has been charged with drug trafficking. This charge comes after a Baptist manager reported that some drug inventory went missing, after which further investigation showed Classon was responsible.

Drug crimes in Jacksonville tend to be more common, as drugs tend to be the most common illegally transported good in Jacksonville. However, what is interesting and unfortunate about this case is that Classon himself is addicted to the substance that he was trafficking: hydrocodone.

Classon has been charged with drug trafficking, which means that Classon was transporting drugs and distributing hydrocodone; however, there is no evidence that Classon actually sold any of the hydrocodone. The police who arrested and took the report believe that Classon was selling, because of the amount of hydrocodone missing.

Pharmacists like Classon are expected to uphold an ethical and professional code and to not abuse the drugs that they are placed in charge of. However, behind the white coats and the profession itself, a pharmacist is still human. The desires of a pharmacist are human desires; they are prone to weakness. Classon is just like any other person who fell short and became addicted to a substance.

The same weakness that resides in most of Jacksonville’s residents resides in pharmacists as well. However, people accused of drug use, distribution, and/or trafficking, will sometimes be viewed as outcasts in society, as well as the law. However, people such as Classon, are people. They, like everyone else, make mistakes.

Classon needs rehabiliation, not a jail cell. Many defense attorneys, given Classon’s situation, will run. Classon was caught on camera taking hydrocodone out of pre-filled syringes and refilling them with Robitussin DM, on days when he was not supposed to be receiving shipments of hydrocodone. Given these facts, most defense attorneys will see no reason to defend someone in this situation.

However, an experienced Jacksonville drug crimes attorney will see a way to at minimum lower the charges and increase the probability that the accused will be given a rehabilitation measure rather than a jail cell. Do not risk your defense. Contact an attorney who believes in helping those who deserve an aggressive defense and helping one’s rights be protected.

Continue reading "Addicted Jacksonville Pharmacist Charged with Drug Trafficking " »

Jacksonville is a city that has many gun owners. However, when guns are put in conjunction with drugs, things sometimes go wrong. When these sorts of cases arise, it is imperative that one obtain an attorney that is experienced so that one’s rights are protected.

According to the Florida-Times Union, Tyler Woody Willis, a West-side man, shot his friend in the head with a shotgun after smoking marijuana. Willis said that he had dropped the shotgun and as it hit the floor, it went off, shooting his friend, William Brandon Hodge, in the head. Willis was charged with attempted manslaughter, discharging a firearm while under the influence of a controlled substance, and drug paraphernalia possession.

In Florida, the charge of discharging a firearm while under the influence of a controlled substance is covered under Florida Statutes 790.151. Under this statute, “using a firearm” means that a person must discharge a firearm or have a firearm readily accessible for immediate discharge. Furthermore, “readily accessible”, means that the person must have the gun ready and loaded in their hand while under the influence.

In many Jacksonville gun crime cases, the accused has been caught red handed: the gun is in the person’s hand, they are intoxicated, and the gun accidentally goes off, fitting with the statute. However, in the case of Tyler Willis, Willis was not holding the gun.

An experienced Jacksonville gun crimes attorney would be able to provide a series of defenses for Willis and others in similar situations, so that either the charge could be dropped or at minimum lessened.

Many times police will assume that the defendant, no matter what the situation is, that the person they arrest intentionally did whatever action they were arrested for. However, not always does the accused wantonly commit the act; many times, the act was by its very nature, an accident.

Willis told police that the shooting was an accident and that the gun hit the floor, shooting his friend William Hodge in the head. Police disagree with the series of events Willis told them because of how the gun hit the floor and the built-in safety mechanism in the gun. However, none of the police’s ideas about how the crime happened can be confirmed; the safety mechanism may not have been functioning properly.

Continue reading "Jacksonville West-side Gun Crime Leads To Attempted Manslaughter Arrest" »

According to the Miami Herald, the Florida Senate committee passed a bill that will ease the strain on drug crime sentences. This bill made it possible for drug offenders to go to rehabilitation centers after serving only half of their sentences. The Senate staff said that the bill was an initiative to have more and more first and second time drug offenders moved out of jails and prisons and into rehabilitation centers where they can become productive members of society again.

Jacksonville drug crimes can range from distributing illegal substances like marijuana to simple possession. However, the crime’s punishments can be harsh. If one is facing a drug charge, one should have an experienced Jacksonville drug crimes lawyer to represent, defend, and ensure their rights and options are known and protected.

Drugs can seem like an easy escape from reality, but the reality you face as a drug offender can be something that no high can shake you from. When one is arrested as a drug offender, it may seem as though the walls are closing in, and for some, they only see bars in their near future. However, if one is arrested for a drug crime in Jacksonville, one has options. One of these options is a straight plea.

A straight plea is a mercy of the court plea. In other words, rather than taking a plea bargain from the charging party, typically the State Attorney’s office, one’s attorney pleas directly to the Judge for a hopefully lighter sentence. This option is particularly useful if the drug charge faced is the first or second charge that person has been charged with.

The person charged does take a risk, however. When one uses a straight plea option, one opens up all of the time limits for that charge. In other words, someone who pleas straight to the court could be facing anywhere between the minimum and maximum sentences of that charge. But, if one has an experienced Jacksonville drug crimes lawyer at their side, one stands a major chance of getting a much lighter punishment, such as probation, than the State Attorney’s Office would offer.

Continue reading "Your Only Choice? Options for Drug Offenders In Jacksonville" »

Five law enforcement agencies recently announced they have made arrests in what they are calling a major drug smuggling operation that is based on Jacksonville and reaches the West Coast and Mexico, News4Jax.com is reporting.

Drug crimes in Jacksonville can range from something as simple as possessing marijuana to having enough on your possession to be considered distribution. In extreme cases, a person can be considered a drug smuggler.

In this case, 17 people were arrested. The case began when a 29-year-old Jacksonville man was pulled over and police found $72,000 hidden in a secret compartment inside his car. Police said that the initial traffic stop led to the arrests of 16 other people on drug trafficking and conspiracy charges. Most of the people arrested are from Jacksonville, the news report states. Four other people have yet to be arrested.

Authorities are saying that the operation including selling 200 kilograms of cocaine -- with a street value of $6 million -- through Jacksonville and into Atlanta, Arizona and California. Authorities allege the drugs were transported through the United States Postal Services, through private parcel services and in hidden compartments in vehicles.

Law enforcement officers also seized nine guns, nine vehicles and $330,000 during the investigation.

In cases where an operation or scheme is alleged, prosecutors can seek monetary payments or assets on top of the prison time or probation time a person can face. This is called forfeiture.

A forfeiture proceeding is separate from the criminal case and each has no bearing on the other. In these situations, the state will attempt to prove that the assets were gained through a criminal enterprise. If a judge is convinced, the defendants could be forced to give up their vehicles, houses and other purchases.

And that process is separate from the criminal case, which can bring major penalties. When prosecutors are alleging a large-scale drug operation, the possible prison terms are usually in the decades of years, if the person is convicted. But as in any case, the credibility of witnesses will be key.

When more than a dozen people are alleged to have been involved, proving that each and every person had a specific role is critical. And showing that the operation was connected among each defendant will also play a role in the outcome of the prosecution.

Cases like these can fall apart when the police aren't able to truly show that the situation was an "operation," but rather a less cohesive scheme than they thought. That can lead to less-serious charges being filed.

Supremely important in cases like this is making sure to hire an experienced Jacksonville drug defense lawyer from the start. Ensuring your lawyer is in on the case at the beginning is critical so that research can be done and he can review your case step by step.

Continue reading "Authorities Announce Five-State Drug Bust that Includes Jacksonville" »

A 20-year-old Jacksonville man has been arrested and charged in connection with a robbery and shooting at an Orange Park apartment, The Florida Times-Union reports.

Drugs and guns tend to go hand-in-hand in criminal enterprises, which gives police and prosecutors plenty of avenues to charge individuals accused of these crimes. Along with many possible drug charges in Jacksonville, such as possession, distribution, trafficking, buying, possession of drug paraphernalia or even racketeering, prosecutors can also tack on gun charges, such as carrying a concealed weapon, possession of a firearm by a convicted felon and others, most of which are felonies.

These charges can lead to potential serious prison sentences if not aggressively defended by a skilled Jacksonville criminal defense lawyer. Ensuring that the client's rights are upheld and that the evidence police intend to use is credible are two of the top concerns of a defense lawyer.

In this case, a 20-year-old, who lives in the 8000 block of Renault Drive North, is now charged with aggravated battery with a deadly weapon in the alleged attack October 22. A man was robbed and shot twice in his Orange Park Apartment, 2020 Wells Road.

According to police documents, investigators believe the shooting was the result of a drug deal. The alleged victim was hospitalized and expected to recover. The newspaper first reported that detectives believed it was a case of home-invasion robbery.

So, police have already made two allegations that they haven't been able to prove. First, they said they believed the case to be a robbery, yet the defendant isn't charged with robbery in any form. Second, they believe the case to be related to drugs, but they haven't made any drug-related arrests.

These are points that may be brought out at trial to show that detectives may have been going on a fishing expedition in order to bring charges against the suspect. It's possible that victims of crimes can embellish in order to get another person in deeper trouble than they are already in. Alleging that drugs were involved can do just that.

If police believe they have evidence that a victim knew the person who shot them, detectives may consider their credibility higher than a person shot by an unknown intruder. So, if they make additional allegations, it could lead to additional charges, which means possible increased penalties.

Shooting are serious crimes, but police still must have sound evidence in order to bring charges. Ballistics, which can match bullets to guns, are a key piece of evidence, supposing officers recover a weapon. Eyewitness identification can be spotty in shootings, especially in a crowd. An admission by a suspect is the strongest evidence police can have, so keeping quiet is important for suspects.

If you are arrested, the first thing you should do is ask for a lawyer. Don't attempt to talk your way out of the charges -- detectives have heard just about everything. Ask for an attorney by using your right to silence and discuss the case with him first. A Jacksonville criminal defense attorney can advise you of your rights and help you decide whether or not to talk to the police.

Continue reading "Jacksonville Man Accused in Drug-Related Shooting" »

The Florida Times-Union is reporting that federal authorities in Jacksonville are making arrests in connection with an alleged pill mill operation that brought in millions of dollars illegally.

So-called Jacksonville pill mills and others throughout the state have garnered attention from police and prosecutors in recent years as drug investigators have gone away from looking at street-level hardcore heroin and cocaine drugs and begun focusing on painkiller drugs that can be equally harmful if abused.

This has led to many arrests of professionals, such as doctors, pharmacists and others involved in the medical industry. But unlike simple buyers and sellers, these new wave of drug crime defendants are being charged with massive fraud and racketeering scams.

Facing these additional charges take the case to a whole new level; an experienced Jacksonville criminal defense lawyers can help clients facing significant sanctions and prison time.

So far, the newspaper reports, five Jacksonville doctors, a pain clinic owner and seven employees were arrested after federal authorities unveiled in an indictment recently. The indictment alleges the conspirators profited off patients who bought painkillers from them.

These scheme allegedly operated on the basis of selling painkillers to patients in Ohio, Kentucky and Tennessee, where the people would return with many pills that they would sell for profit there. All are charged with conspiracy to distribute narcotics not for legitimate medical purposes and others are charged with money laundering.

An indictment is simply a document that states the charges a person will face after a grand jury -- not the jury a person will get at trial -- listened to prosecutors make their case without the benefit of a defense for the suspects.

Money laundering is a serious charge that essentially means that the people charged were making money and hiding it in order to evade authorities who may be looking into their business' finances. Along with selling prescription drugs to people who didn't need them, money laundering is a serious white collar offense.

But these charges are often more serious than press releases and indictments make them out to be. When more than a dozen people are alleged to have participated in an illegal operation, prosecutors must be able to prove that all knew that what they were doing was illegal and that they all had knowledge of the larger scheme.

Many times in cases like this, there are peripheral "co-conspirators" who were simply doing what their bosses told them to do without the knowledge that this was part of a bigger money-making scheme. Prosecutors will try to overlook those facts and cast as wide a net as possible. In doing so, weak cases may be pushed as part of the public relations campaign put on for the media. Following coverage of raids and arrests, the media is nowhere to be found when defense attorneys are successful in having charges reduced or dismissed because of a lack of evidence or other weakness in the state's case.

Continue reading "Jacksonville Pill Mill Alleged As Feds Make Arrests" »

Two Jacksonville teens have been charged with animal cruelty after police allegedly found a cell phone video of cats being shot during a drug arrest, CBS News reports.

Given the potential for this turning into a high-profile media case, these two juveniles from Jacksonville may be in for a difficult road ahead in terms of getting a fair trial. As this case progresses, news media will continually report the initial facts as quoted by law enforcement until new facts come out.

And, in this case, the background information will be this initial information provided by police, which makes the defendants appear guilty. In cases where teens are arrested for crimes, especially felony charges, they must get the best possible representation from an experienced Jacksonville Criminal Defense Attorney.

According to CBS News, Officers say they smelled marijuana coming from an apartment and when officers knocked, the 18-year-old answered the door, making the smell even more apparent, they said.

Officers got a search warrant and confiscated about $9,000 in cash, two guns, 20 grams of marijuana and drug paraphernalia. The 18-year-old was charged with possession of marijuana with intent to sell and possession of drug paraphernalia.

Police then found the cell phone, though it's unclear why they believed they had probable cause to search the phone. It's doubtful that the 18-year-old's cell phone had a connection to possessing marijuana. And even if it did, it may be even more of a stretch that the cell phone-shot videos would produce any evidence of drug possession.

After officers found the cell phone videos, they found some that included movies of cats being shot. The 18-year-old told officers that his 17-year-old co-defendant's parents own a restaurant that had a "cat problem," so they trapped the cats and shot them. The 17-year-old has denied making such a statement.

The news station reports that the stories about the incident have cost the 17-year-old's family restaurant business after receiving threatening calls about the cats.

In Florida, animal cruelty under Florida Statutes 828.12 can be charged either as a misdemeanor or a felony. For either charge, a person can kill an animal. But the felony charge requires the state to prove the person intentionally caused the animal's death. The difference is important, however. The felony is punishable by a five-year prison sentence, while the misdemeanor is one year.

But for juvenile defendants, these charges can carry other non court-related sanctions. For a teenager charged with a high-profile felony crime, it can strip them of the opportunity to go to college or earn scholarships to get a degree. A conviction can lead to disqualification of jobs and other opportunities that a teen must have in order to succeed.

This is part of the reason why fighting a juvenile crime aggressively is critical for any teen. Getting a felony conviction as an adult on their record can be particularly devastating. Successfully petitioning to move the case into juvenile court can reduce the possible penalties as well as keep the charge on the person's juvenile record as opposed to the publicly open adult criminal record.

Continue reading "Two Jacksonville Teens Charged With Cat Torture" »

A gun and some drugs were recently found on a man who was trying to enter the Duval County Courthouse, The Florida Times-Union reports.

Drug charges in Jacksonville, much like Duval County gun charges, can put people away for a long time. These charges require an experienced Jacksonville Criminal Defense Lawyer, who will work to eliminate potential evidence against a defendant as well as challenge all aspects of the case.

According to the news report, a 21-year-old was attempting to get into the building one recent morning, but he was stopped with three small bags of marijuana and a double-barrel Derringer, a palm-sized revolver.

The man was allegedly carrying a backpack that contained the weapon inside a shoe. The man now faces a felony charge of carrying a concealed weapon and misdemeanor charges for the marijuana possession.

The news article states that the man didn't have a concealed weapons permit and even if he did it wouldn't have mattered since all weapons are prohibited from entering the courthouse. The man allegedly told security guards he didn't realize the weapon was inside his backpack. It's unclear why he was at the courthouse that day.

According to Florida Statute 790.01, carrying a concealed weapon is a first-degree misdemeanor or could be punished as a third-degree felony, depending on the circumstances.

For the misdemeanor offense, a person must have carried a "concealed weapon or electric weapon or device." The felony offense pertains to a firearm. While people are allowed to get a concealed weapons permit, without one, a person can be charged with a very serious felony offense, which is punishable by up to five years in a state prison.

Drug charges in Florida can vary greatly. The severity of the charges depend on the quantity of the drug that is seized by law enforcement, as well as the type of drug and the location of the arrest. It's possible for suspects to face more serious charges if they have the drug at or near a church or school, for instance.

These cases are complex, even if television shows make them seem simple. Law enforcement must ensure they have probable cause to arrest someone for gun or drug charges in Florida. That means, they must have a reasonable suspicion that a person is committing a crime before arresting them.

They also have a long list of rules and procedures they must follow while dealing with a suspect they intend to arrest. If those rules are broken, it's possible all the charges can be thrown out because a suspect's rights may have been violated. While some people would call that a "technicality," it isn't. Protection of one's rights is the fundamental issue in our society and in our criminal justice system.

An experienced Jacksonville Criminal Defense Lawyer can spot where rights have been violated and where a person must get relief and justice by being acquitted or having the charges dropped before trial.

Continue reading "Gun, Drugs Seized at Duval County Courthouse" »

The recent explosion of a meth lab at a south Jacksonville apartment complex has yielded no arrests, but forced two dozen people to evacuate after it left the apartment "completely demolished," The Florida Times-Union reports.

Meth charges in Jacksonville and throughout Florida typically result in serious felony charges. And with the type of charge varying, so does the range of penalties. In some cases, a person can face simply probation or a short jail stay. However, this is most typical for other types of drugs. Authorities have taken a hard stand against meth. And as quantities increase and other factors play in to the decision making process, a person can quickly be facing years or decades in prison.

Fending off the charges with an experienced Jacksonville Meth Defense Lawyer may mean the difference between a painfully long sentence and charges being dropped before trial or a potential not guilty verdict at trial. While all cases rest on their individual facts, hiring an experienced lawyer should be a suspect's first priority.

According to the newspaper report, an evening explosion left four windows blown out and spewed shattered glass to the ground below. A few hours after the explosion, police entered the apartment and determined that a drug lab caused the explosion. No one was inside or injured.

Authorities were especially cautious to enter the building over concerns that there might be a second explosion. The newspaper reports that a man in his 20s, a pregnant woman and two large dogs lived in the apartment. No one was inside during the explosion.

Methamphetamine laboratories can make for dangerous living conditions, especially because law enforcement typically find these labs in tightly spaced buildings, such as apartment complexes, where may people can be affected by an explosion.

As such, methamphetamine is among a list of schedule II controlled substances as defined under Florida Statutes 893.03, meaning it has a high potential for abuse and has severely restricted medical use for treatment. Abuse of the drug can lead to psychological and physical dependence.

Florida Statutes 813.13 states that manufacturing the drug, delivering it and possessing it with the intent to sell to another is considered a second-degree felony, punishable by a maximum 15-year prison sentence.

It's obvious that these charges are serious and can send people to prison for long periods of time if suspects are convicted. In a case with an explosion, it must be proven that illegal drugs were, in fact, the cause. If there was an explosion, it's possible and probably likely that much of the inside of the apartment was destroyed, including possible evidence against the people who lived there.

It may also be difficult to prove that drugs were inside the apartment, again, because of the explosion. While some people may believe a case like this one is black-and-white, most criminal cases fall squarely into the gray. That's why letting an experienced Jacksonville Criminal Defense Attorney work the case is important.

Most people charged with a crime don't understand the criminal justice system's complexities and nuances and therefore aren't able to adequately defend a case. But with years of experience, a law firm dedicated to the clients can ensure a suspect's rights are upheld and that justice is done.

Continue reading "Jacksonville Meth Lab Explodes and Two Dozen People Evacuated" »

Jacksonville Criminal Attorney Blog recently reported on a 30-year-old man who faces charges of cultivating and possessing marijuana as the result of an alleged marijuana grow house operation.

While that is one type of scenario in which a person can face a drug charge, there are many others. Law enforcement is enamored with "the war on drugs" and uses many resources to cut down on the real or perceived problem of drugs in America.

And when charges are brought against citizens, they should be fought aggressively by a Jacksonville Criminal Defense Attorney. A vigorous defense will include motions to suppress statements and evidence, if applicable, efforts to prove eye witness accounts are inaccurate or witnesses aren't credible as well as alternative theories. Alternative sentencing options, including treatment, are also often options when the charges can't be beaten in court.

Jacksonville drug charges can be prosecuted with tough penalties in state court. And for juveniles who faces drug charges, it is imperative that they be prosecuted in juvenile court rather than adult court because of the possible future implications.

According to the Florida Department of Law Enforcement, there were 6,007 drug crime arrests in 2010 in Duval County. That's down significantly from 2009, when 7,486 people were arrested for drugs. That's a 25 percent dip.

How drug crimes are punished are outlined by Florida Statute 893. In this chapter, lawmakers have defined which drugs are categorized as controlled substances, what the penalties are for possessing them, producing them, selling or buying them and other penalties.

What this chapter also does is lays out the increased penalties for a person charged with having drugs in certain areas of town. For instance, in Florida Statute 893.13, the penalties against a person who is caught committing a drug crime within 1,000 feet of certain places are enhanced. Substances involved in a regular possession case are bumped from a second-degree felony to a first-degree felony, upping the penalties by 15 years and a third-degree felony (up to 5 years in prison) to a second-degree felony (up to 15 years in prison).

Those places are:
-The real property comprising a child care facility.

-A public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 a.m.

-A physical place for worship at which a church or religious organization regularly conducts religious services.

-A convenience business.

Obviously, the penalties for these types of crimes are extremely serious. A person could be facing up to 30 years in prison if convicted of selling certain types of drugs near one of these places, so fighting the charges are especially important.

And many of these drug crimes comprise juvenile crime in Jacksonville. Teenagers who commit drug crimes have a lot on the line because a conviction on their record can disqualify them from scholarships, entry into colleges or universities as well as the armed forces.

It is important to consult immediately with a Jacksonville Criminal Defense Attorney in order to make sure the case is prosecuted in juvenile court rather than adult court so that it is possible for them to be penalized with camps and community service rather than hard time that will stay on their criminal history forever.

Continue reading "Jacksonville Drug Crimes Carry Stiff Penalties; Require Experienced Defense Attorney" »

Marijuana grow houses have been popping up throughout Jacksonville and other parts of the state as local law enforcement and even Florida Highway Patrol troopers have used resources to try to cut down on these operations.

In a recent local case, a 30-year-old man faces charges of cultivating marijuana, possession of marijuana, evidence tampering, possession of marijuana with intent to sell and possession of drug paraphernalia. Police received a call from neighbors alleging that the house on Iowa Avenue was being used to grow and cultivate marijuana.

Drug charges in Jacksonville are serious and bring steep penalties in Florida. And therefore, these charges require an experienced Jacksonville Criminal Defense Attorney who can aggressively defend these clients in court.

According to the news report, when police got to the house, they spoke with the owner of the house and the man, his son, brought with him a bag of marijuana, telling officers he brought the drugs with him to the house. With the owner's consent, however, they were allowed in and searched the house.

Upstairs, they found loose marijuana in the bathroom, marijuana stalks and leaves scattered in the bedroom and another bedroom with lights shining on eight plants, including more in the closet. Police destroyed the lighting system and confiscated the drugs and several guns.

If several rooms were being used, everyone in the house would likely know about it, thus making pinpointing one person as responsible difficult. Everyone could face charges. Further, a defense lawyer should question whether the owners really permitted law enforcement to enter the house -- apparently knowing of the grow operation.

The search of the house is worrisome. It's unclear what was said to the man's father, the owner of the house, and why he allowed the search of the house. In cases where a house, car or person is illegally searched by law enforcement officers, an experienced defense attorney can get the evidence collected suppressed, or kept out, of the proceedings.

Under Florida Statute 893.13, someone who cultivates, produces, sells or possesses marijuana can be charged with a third-degree felony. In Florida, a third-degree felony is punishable by up to five years in prison.

And as is the case with the Jacksonville man and many other defendants who face drug charges, law enforcement has levied several charges against him, so the penalties can stack up. This is why it's even more critical to entrust your case to an experienced lawyer who has been fighting these charges for more than a decade. Lawmakers are always trying to show they are fighting "the war on drugs" and prosecutors like to do the same. But this requires proof and not just circumstances and a defense attorney should be able to cut through the hype and get to the facts.

Continue reading "Marijuana Growth House Operation Busted in Jacksonville" »

In a drug bust south of Jacksonville, Port Richey police arrested a man for possessing many drugs based on a traffic citation. Frederick Kokaram was pulled over by police to check the tint on his car. Upon making contact with Kokaram, the officer claims to have smelled the odor of marijuana emitting from the car. This automatically gives the officer the right to search the car. In addition to the odor of pot, Port Richey police also say they saw a marijuana cigarette in plain view. Upon searching Kokaram's car, police found over 228 grams of marijuana, over 11 grams of crack cocaine, 3 1/2 Oxycodone pills, scales, and bags. He was arrested for possession of marijuana with the intent to sell (a felony), possession of cocaine with the intent to sell (a felony), possession of a controlled substance (a felony), possession of paraphernalia (a misdemeanor), and received a civil citation for the dark tint.

In Jacksonville, the Jacksonville Sheriff's Office conducts traffic stops of cars that in their opinion, are suspicious. They cannot pull you over for that reason alone, so they justify the stop with possible civil citations. You can be pulled over for "possibly" having dark window tint. As a Jacksonville Criminal Defense Attorney, I advise my clients to take all tint off of their windows. If you have ANY tint at all, JSO can pull you over to check it. Even if it is perfectly legal, you subject yourself to a traffic stop at any time. Once you are pulled over, the officers can say they smelled the odor of marijuana coming from the inside of your car. If the police say they smell pot in your car, it gives them the right to search your car. Even if no marijuana was found in your car, the police and prosecutors will try to justify the search by saying that you could have recently smoked in the car and threw it out. These are just a couple of ways the police can abuse their power and if you are pulled over and subsequently arrested based on these reasons, you should contact a Duval County Criminal Defense Law Firm.

A University of Florida football player has been arrested again, this time for possession of marijuana in Florida. Janoris Jenkins was arrested this past Saturday after police say they caught him smoking pot in a parked car in Gainesville. Even though Jenkins was given a Notice to Appear, this counts as an arrest and he will have to make a court date to address the misdemeanor drug charge. The actual title of the crime is possession of less than 20 grams of marijuana. This is a first degree misdemeanor punishable by up to one year in jail.

Jenkins entered a plea to another misdemeanor charge last month of possession of marijuana. Adjudication of guilt was withheld, which means he was not convicted of the pot charge and he has to pay court costs.

In addition to these two pot charges in Florida, Jenkins was arrested in 2009 for affray (also referred to as "fighting" and resisting an officer without violence. He was tasered in the midst of the fight. The fighting charge was dropped and Jenkins resisting case was placed in a pretrial diversion program. Upon completion of the program, the resisting charge should have been dropped.

If you are caught with marijuana in Jacksonville for the first time, the officer will most likely give you a Notice to Appear, which means you will not be arrested at the scene and will have to make a court date sometime in the future. If you are caught a subsequent time, the police will probably arrest you for possession of marijuana in Jacksonville instead of writing you the Notice to Appear.

A police sergeant in West Palm Beach has been arrested for pill trafficking and withholding information from a doctor in order to obtain pills (also referred to as doctor shopping in Florida). John Goodbread was with the Broward County police for 22 years and has been suspended. He is accused with getting prescriptions from at least five different doctors and filling them for OxyContin and hydrocodone from April 2009 to December 2010. The doctors have told police they did not know about the other doctors.

Trafficking in oxycodone or hydrocodone is a serious offense in Florida. Any person who sells, buys, manufactures, delivers or is in actual or constructive possession of between 4 grams and 14 grams of the pills and is convicted of the crime is facing a minimum of three years in prison with a fine of $50,000.00. If the person has between 14 grams and 28 grams of pills, there is a fifteen year minimum and a fine of $100,000.00. If you have over 28 grams but less than 30 kilograms of the pills, you are facing a twenty-five year minimum mandatory and a $500,000.00 fine.

There are also other crimes associated with pills, also referred to as controlled substances. One crime is doctor shopping. It is illegal to withhold information from a doctor from whom you try to get a controlled substance or a prescription when you have already received the controlled substance or prescription from another doctor within the past 30 days. Doctor shopping is a third degree felony and is punishable by up to five years in Florida prison.

Nine people have been arrested in Clay County, Florida for various drug charges after police raided an Orange Park clinic. Many (45) police officers executed a search warrant at Total Medical Express of Orange Park this past Friday. In addition to searching the clinic building, police also brought drug dogs to sniff the cars in the clinic's parking lot.

The people who were arrested in Clay County were arrested on a variety of charges. One arrest is possession of a controlled substance without a prescription. If the clients of this clinic were found with pills, such as xanax, hydrocodone, oxycodone, and they do not have a prescription, they were arrested for possession. This is a third degree felony punishable by up to five years in prison.

Another charge people were arrested for was Doctor Shopping. It is illegal in Florida to withhold information from a doctor from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance when that person has already received a prescription from another doctor for that controlled substance within the previous 30 days. In other words, you can't get a prescription for xanax from one doctor and go to another doctor complaining of the same ailment to get more pills. This also is a third degree felony punishable by up to 5 years in prison.

When you are arrested for a drug-related crime in Jacksonville, you may be eligible for drug court. The Duval County Adult Drug Court Program is a diversion program designed to eliminate drug dependency. If you are able to get admitted into the program, after you successfully complete it, the prosecutor's office will drop all of the criminal charges against you.

Drug Court is a 12 month program broken up in 4 phases.

Phase I is intensive day/night treatment which means three hours a day, three days per week for six weeks. You will also have to appear in drug court once a week.

Phase II is moderately intensive day/night treatment which means you must attend three hours a day for two days for six weeks. You must also go to drug court as instructed.

Phase III requires outpatient group counseling which includes three hours a week for sixteen weeks. You must also appear in drug court as instructed.

Phase IV is aftercare which requires your attendance one day a week for one hour until you graduate.

The cost of the program is at least $10.00 per week. In addition to the phases above, you must attend at least three Alcoholics Anonymous or Narcotics Anonymous meetings a week throughout the program. Random drug testing is also a requirement.

Getting into Drug Court is a privilege and is not automatic. If you have been arrested for a drug offense in Jacksonville, Clay County, or Nassau County, contact a Jacksonville Drug Lawyer about the possibility of you being placed in Drug Court.

As a Jacksonville Pill Crime Law Firm, we have represented many people in Duval County, Clay County, and Nassau County who have been arrested for drug crimes in Jacksonville. A drug crime that is becoming more and more common is possession pills without a prescription. The most common pills people possess without a prescription are Oxycodone, Hydrocodone, and Xanax. The formal name for this crime is possession of a controlled substance and it is a third degree felony punishable by up to five years in prison.

Many people think that if they are given the pills by a friend, as opposed to buying the pills on the street, that makes the possession legal. It does not.

To prove the crime of possession of a controlled substance, the state would have to prove the defendant possessed the pills without a prescription, the substance was in fact a controlled substance, and the defendant had knowledge of the presence of the pills.

There are already laws against marijuana possession in Jacksonville and all over Florida. It is illegal to sell marijuana, possess marijuana, and to grow (cultivate) marijuana in Duval County. The crimes can be misdemeanors or felonies and the penalties range from probation to serving time in prison.

There is a new drug that has emerged in the United States that replicates the effects of pot. It is synthetic marijuana made out of plants coated with chemicals that mimic THC. THC is the natural chemical found in real marijuana. Some retail names for this product are Spice, K2, and Blaze. This fake pot is considered a "designer drug" used to get around the strict prohibitions on real natural pot. It sells for around $40.00 per ounce.

Eight states have already banned this drug. They are Missouri, Ohio, Michigan, Louisiana, New Jersey, New York, Illinois, and Arkansas. On November 24th, the federal government also instituted a ban of its own. Thirty days from the 24th, the chemicals that coat the fake pot will be banned in the United States. This will effectively stop production and sale of fake marijuana in all states, including Florida. People could still attempt to get around the new ban by purchasing the drug online from out of the country.

We are a Jacksonville Criminal Defense Firm and represent many people charged with drug crimes in Northeast Florida, even juveniles. When a juvenile is arrested in Jacksonville or anywhere in Florida, they are entitled to the same constitutional safeguards as adults. It is very important to consult with a competent juvenile criminal defense attorney in Jacksonville if your child finds him or herself arrested.

The Florida Department of Children and Families, among other duties, surveys juveniles all over Florida about drug and alcohol use. The Florida Youth Substance Abuse Survey questions Florida youth every year on a variety of topics. One topic is their alcohol and drug use. According to the 2010 survey, here are some of the responses:

Marijuana or Hash Use - 3.8% of 6th Graders, 9.7% of 7th Graders, 17.9% of 8th Graders, 25.9% of 9th Graders, 33.7% of 10th Graders, 36.9% of 11th Graders, and 40.7% of Seniors.

Cocaine or Crack Use - 1.1% of 6th Graders, 1.8% of 7th Graders, 2.4% of 8th Graders, 2.6% of 9th Graders, 3.3% of 10th Graders, 4.5% of 11th Graders, and 4.9% of Seniors.

Meth Use - 1% of 6th Graders, 1.4% of 7th Graders, 1.5% of 8th Graders, 1.4% of 9th Graders, 1.3% of Sophomores, .9% of Juniors, and 1.4% of Seniors.