Jacksonville Criminal Attorney Blog

Sandra Avila Beltran, also known as the Queen of the Pacific, is accused the leader of Mexico's male-dominated drug trade and is the subject of a best-selling book and popular ballad. Mexican authorities said they were investigating a tip that she had received Botox treatments in prison. Beltran pled guilty in a Florida court to a charge connected to a cocaine trafficking case. She faces up to 15 years in U.S. prison after pleading guilty to being an accessory after the fact, according to an agreement filed in federal court.
The most common type of smuggling that occurs in Jacksonville cases are drug smuggling and distribution cases. Drug smuggling is a common criminal act that involves the illegal transportation of common substances such as cocaine, marijuana, heroin, as well as prescription drugs like oxycontin and other controlled substances defined under Florida law. Florida is extremely attractive for drug smugglers, both intrastate and internationally, because of Florida’s coastal borders, the ease of interstate highway access, the large number of international ports that allow passengers to arrive from many countries via aircraft, and Florida’s extremely close range to other countries known for having drug operations in the United States, such as Mexico, Cuba, and Columbia.

There are a variety of penalties that may be assessed according to the factors surrounding one’s particular case, such as the quantity and particular type of drug being smuggled. However, all convictions will expose the accused to excessive fines and a long prison sentence; one should not challenge this legal beast alone. One needs an experienced attorney at one’s side.

Many criminal drug organizations enlist the help of willing participants to smuggle illegal substances into Florida for distribution throughout the United States. Some smugglers will have false bottoms filled with drugs in their luggage. In other cases, unsuspecting citizens may become an active agent in a drug smuggling operation without even realizing it, being recruited for money to take a suitcase to a location, “no questions asked.”

Other Florida drug charges, particularly possession and distribution, occur within the state all the time and are increasing in number. Some of these drug charges can be simple misdemeanors while other more serious offenses can carry penalties up to 1st degree felony charges. Certain classes of drugs as defined in the Florida statutes bring about must harsher penalties due to their more dangerous nature. Even simple concoctions used for recreational use in drug manufacturing are classified in as much more dangerous substances. As such, certain circumstances surrounding the charge will help determine one’s fate in sentencing.

One’s distance from certain areas of businesses or public areas is also a factor in determining the sentence one might possibly face for a Florida drug distribution charge, possibly resulting in additional charges, particularly if one is within 1,000 feet of a:

- school;
- park;
- child care facility;
- community center; or
- other public recreational facility

Many times, people voluntarily consent to searches because they are scared the police will overpower or force them to undergo the search. However, one does not necessarily have to submit to search and seizure of ones’ person or property unless the police have a warrant. In many cases, a Florida drug distribution charge can be avoided if one’s experienced attorney can show the court evidence that one was unlawfully searched.

Many times, a number of complex criminal charges can leave the accused with a possibly long prison sentence. However, with the help of an experienced Jacksonville drug crimes defense attorney, one could persuade the Judge to render a much lighter punishment that would involve house arrest, intensive probation, and community service, rather than being solely incarcerated for a long period of time.

Continue reading "Queen of Pacific Taken Down For Cocaine Crimes In Florida" »

More than California, which has twice the population and girth, Florida in 2010 had more indoor marijuana cultivation operations than any other state. Roughly 820 operations were sniffed out that year. Many of the busts go down in South Florida, the DEA says, inside what it refers to as the South Florida High Intensity Drug Trafficking Area.

The courts have determined that one does not have a reasonable expectation of privacy in contraband. However, warrantless intrusion via listening devices, thermal imaging, and now drug dog sniffs, has been found to require a warrant in order to be conducted. The problem with cases like these involving drug dog sniffs is the reliability of the sniff. Drug dogs, even though specially trained for a purpose, are still dogs. Dogs get excited and will alert to things like tennis balls in trunks and animals in the vicinity. Even highly trained drug dogs still only smell “contraband”. This does not necessarily mean that drugs are present. Faint odors may remain when no contraband exists. Legal Incense is sold that smells like marijuana. A drug dog will alert falsely and police will invade because of legal activity like burning incense that causes a legal smell.

Many times, charges for marijuana grow houses surface after a utility theft case is brought, as many of these cases are tied to grow houses, where offenders use high amounts of energy, and in some cases, tamper with the meter or bypass it entirely to avoid raising suspicion. Often, these types of hydroponic operations include specially designed timing systems for lighting and irrigation, as well as electric meter diversions.

Because of electrical diversionary methods used by growers, electricians and power companies are another important resource for the police. FPL can monitor spikes in energy use and report unusually high electric bills to law enforcement agencies. In addition, the very electricians who are paid by growers to bypass electric meters are often informants. Many suspects arrested in grow-house cases will face felony charges for drug manufacturing, but only a misdemeanor charge for the theft of electricity.

The reason that Florida has high numbers of grow houses is that many Floridians run their air conditioning 365 days a year, and as such have high energy bills. Particularly in the summer, the police are not able to discern suspiciously high electrical bills, which normally highlight where a potential grow house might be. This invisibility attracts many growers and subsequent distributors.

Jacksonville, and other areas throughout North and Central Florida have now been referred to as the “hotbed” for marijuana growth. Marijuana in these areas can be easily grown to a particularly quality outdoors, not requiring the expensive equipment costs of a hydroponic operation. As such, more drugs can be turned out for a cheaper cost.

Many times, when one is charged with growing marijuana, the State will attempt to punish one by charging one with every single applicable charge possible. One of the most common charges is drug paraphernalia. All of the equipment used to grow the marijuana, smoke the marijuana, and store it, including jars.

Even if one is not growing marijuana in Jacksonville, if one has marijuana, most likely, one has a way to burn it. Many people roll marijuana into joints, blunts, and other forms via cigarette-style paper or re-purposed cigars. For others, getting high comes from a pipe or bong. Now, the Florida legislature is attempting to pass a bill to ban retail sale of bongs which has already passed in the Florida House, and possibly soon, the Senate. If this happens, the days of bongs in Florida are over. The legislation itself is wildly vague , without explaining whether or not one can still legally buy bongs on the Internet.

If one obtains an experienced Jacksonville drug crimes defense attorney to fight the case and ensure the illegally obtained evidence against one will be suppressed, limiting what the prosecution and police have access to, and possibly having one’s charges dropped.

Continue reading "DEA Rates Florida Cultivation Capital For Marijuana" »

Organized retail theft bills sponsored by State Sen. Kelli Stargel (R-Lakeland) and Rep. Ross Spano (R-Riverview) in Florida have each been making their way through legislative committees. If passed, the legislation would mean that suspects found guilty of retail thefts totaling more than $50,000 would face stiffer sentences.

Every day in Jacksonville, kleptomaniacs and five-finger discount enthusiasts slip into malls and stores across the region to do one thing: shoplift. Lifting items more than $50,000 from a retail store, or any store for that matter, is difficult to get away with, much less multiple times with the advancements of video surveillance and other forms of theft monitoring. In order to accomplish many of these higher value Jacksonville theft crimes, a concerted effort will be required.

Some will steal because they want to, some will even steal from the department store they work at. However, teams of professional shoplifters are on the rise, some in their early teens and others employees themselves. They will work in teams and execute thefts with pre-determined moves, using distractions, sleight of hand, and marking blind spots in security camera viewing range in order to steal items, sometimes very costly.

Many think that those accused of shoplifting are automatically impulsive petty criminals or bored celebrities with risky behavior; however, retail theft is being seen in a new and more sinister context, experts say. Since the economy took a nosedive, many people are tempted to look inward to their workplace for items they can either steal for their own use or for resale. For many, whether the workplace is a gas station, a retail store, or even an apartment complex, one may be accused of being involved in theft schemes that are very elaborate.

Many times, shoplifting happens not because the money to pay for the item does not exist or would not be gladly paid under other circumstances, but because of other legal restrictions, the item cannot be purchased. Many times in these situations, the theft occurs via creative but still deceptive means. Juveniles have in the past “paid” for cans of what appeared to be soda but was in fact stolen beer placed in a 12 pack of canned soda. Other times, people will bring grocery bags from a previous visit to the store, take the items they want from the shelf, place them in the store bags out of view of the customer service representatives, wait for the door of the store to become congested, and then slip out with the crowd, most likely unnoticed.

In cases like the previous, law enforcement, as well as store loss prevention officers become angry, as many of those cases go unsolved or unprosecuted. When those officers feel that they have in fact stopped a shoplifter, whether or not the validity of the assumption is proven or not, they will go after that many times innocent customer who decided to take a stroll through the store for a gallon of milk. The following illustrates a very common and unfortunate situation where law abiding citizens are accused of shoplifting crimes:

A busy parent is shopping at Wal-Mart with three young children. The parent is trying to watch the children while reading the label of a medicine for their sick child at home and talking to their spouse about how they are doing. While turned away, the child picks up an item and places it in the shopping cart, eventually being covered up by something else, being lost from view. The parent pays for all the items they thought was in their cart and hurriedly rushes to the door, so they may attend to their child; however, the parent is met at the door by loss prevention officers who accuse the parent of theft from their store.

From that point, one is grilled with questions from a loss prevention officer who automatically believes that one stole from the store and will tell the police officer arriving on scene that one stole from the store. Many times, regardless of one’s innocence, the officer will side with the store, many times because of all of the previous shoplifting cases they have seen.

Fortunately, if one is in such a situation and one obtains an experienced attorney, one’s attorney will be able to challenge the evidence against one, including witness testimony, questioning the conduct and manner of the arrest or search, or how evidence was processed by law enforcement

Continue reading "Florida Legislature Proposes Bill For Stricter Organized Retail Theft Punishments " »

Steven Lyle Peluso has been charged with False Report of the Commission of a Crime. Peluso’s charge came after admitting to deputies that he had not in fact been robbed of $100 at gunpoint in Hernando County. Peluso’s story allegedly had several inconsistencies that detectives pointed out, convincing Peluso to come clean and reportedly admit that he had made the whole thing up. Peluso allegedly made the story up because he did not know what to tell his wife about the $100 he was attempting to buy pain pills with at a home, but upon handing over the money for the pills, the individual grabbed the money and fled without forking over the pills.

In most states, it is illegal to call the police and report something that did not happen or report an incident in a way that is either grossly far from what happened or entirely false. Most of the time, these offenses are small and are treated as insignificant; however, calls to police are investigated and if no crime actually occurred, the police are wasting tax payer resources. The prosecutor in charge of one’s case may not feel that one deserves a break because of one’s charge, making the stakes to a person accused of this crime, huge.

Under Florida Statute 817.49, falsely reporting a crime is a first degree misdemeanor punishable by up to a year in jail, not to mention thousands of dollars in fines. This charge requires that the accused have the intent to mislead the police in their quest to stop a crime that was never committed.

In cases like these, people are many times scared of what their family, friends, and society might think when they are involved in a drug deal gone wrong. Many strongly shun the idea of any drug, and as such people feel the impulse to make up a lie in order to avoid what they think are worse consequences; in Peluso obviously thought angering his wife was a worse consequence. However, what Peluso and others forget is that when the police find out that the story is false, a criminal charge will be filed. One should never lie to police, but if one has, one should immediately obtain an experienced attorney and exercise one’s right to remain silent.

In false police report cases, the statements one are crucially important to one’s defense as well as one’s possible conviction. The less one says to police, the less statements a State Attorney has to use against one for such a conviction. The more one says to police, the deeper the hole one digs for oneself becomes. An experienced attorney might be able to work with the facts of Peluso’s case, although sticky, to obtain a more favorable outcome.

A defense to falsifying a police report is that one did not knowingly lie or have the intent to make a false statement to the police. In this case, Peluso reported an armed robbery of $100 at Kass Circle in Spring Park, Fl. This report is not far from accurate:

Peluso did in fact have $100 on his person. Another person took that $100 from him and ran. He reported being robbed in Kass Circle. Peluso was in fact, robbed of $100 in kass Circle. In this case, law enforcement might arrest the unidentified source for a robbery charge of the pills if he was properly identified. Who is to say that Peluso was not in fact robbed while the other individual was in the possession of some sort of weapon, such as a knife or firearm? Peluso changed his story once for his wife’s sake, who is to say he did not leave out the detail about being held at gun point so his wife would not go ballistic? Weirder things happen in husband-wife relationships.

Peluso is a victim of his drug habits, the individual who stole his money, and his own personal choices. Now he might possibly be the victim of a powerful State operated legal system. Do not let this be your fate too.

False police reports in Jacksonville may not seem like a big deal to the casual eye. However, if one were to obtain an experienced Jacksonville false police report defense attorney, one’s attorney can use one’s testimony and facts of one’s case to prove that there was no intent to commit the crime, and thus beat the charge in its entirety. One need not suffer at the hands of a powerful State operated legal system. Defend yourself.

Continue reading "Florida Man Victim of Drug Deal Gone Wrong and Stupidity Resulting in False Police Report Charge" »

The DEA arrested four men in connection with a drug trafficking organization based in Northern Florida that moved cocaine, marijuana and methamphetamine from Texas and Atlanta to Northern Florida began in April 2012. During a search of Cancun’s Restaurant in Chipley, law enforcement discovered six Tupperware containers, individually wrapped in cellophane, inside a black trash bag in the storage shed to the rear of the restaurant, containing 7.9 pounds of methamphetamine.

Methamphetamine – crystal meth or meth – is a manufactured substance produced from D-methamphetamine, a stimulant that acts on the body’s central nervous system. Although Methamphetamine is not a physically addictive substance, it is highly psychologically addictive, according to government research, and has the capability of causing significant bodily harm, especially over long periods of use.

Over-the-counter cold remedies are among the ingredients that can be used to produce meth, making the means of manufacture available on a widespread basis and increasing the likelihood of greater use and distribution. On a large scale, according to the DEA, Mexican trafficking groups are producing methamphetamine on an unprecedented scale, revealed in one single seizure of 3.5 metric tons of pseudoephedrine (the primary precursor chemical used in the production of methamphetamine) in Texas from Mexico.

As a form of clandestine chemistry, or work with chemicals in situation involving the production of illicit compounds, regardless of whether the facilities being used qualify as a true laboratory. Small labs used to cook meth may be as small as backpack with test tubes and chemicals used for manufacturing out of hotel rooms, cars and private residences simply because of the difficulty ascertaining the purity of other, illegally synthesized drugs obtainable on the market. Typically though, larger labs are usually run by gangs or other groupings of organized criminal activity intending to produce the meth for distribution on street corners and Jacksonville neighborhoods. Smaller labs can be run by individual chemists working clandestinely in order to synthesize smaller amounts of controlled substances.

There is no good outcome to a conviction of methamphetamine possession. The penalties for possession of even small amounts could be damaging to one’s reputation, lifestyle and livelihood, but when the quantity possessed is higher, the penalties can be devastating. The fines and mandatory minimum sentences for possession of methamphetamines are much higher than other crimes in Florida.

Possessing 14 grams or more of methamphetamines, amphetamines, or the chemicals used in manufacturing the drug is considered felony trafficking in Florida. Depending on the quantity in a case, penalties for a conviction range from a mandatory minimum 3-year incarceration and a $50,000 fine to 15 years imprisonment and a $250,000 fine. Manufacturing or bringing into Florida more than 400 grams, knowing that bringing these drugs would likely causes someone's death, makes the offense a capital felony, punishable by life imprisonment or death.

In most Jacksonville meth cases, the legal system will look down on the accused rather harshly because of the seriousness and danger associated with the act taking place and the consequences of the action should unfortunate day comes that the meth lab explodes, leaving not only a gaping in hole in one’s own future, but a gaping hole in the neighboring houses around the meth lab.

If one obtains an experienced Jacksonville drug crimes attorney to fight for one’s case, one can ensure that one’s rights are protected, that one will have the best defense possible to fight one’s charge, and that one will be able to get the help one needs to be free of the drug and be able to get back to one’s life before the drugs ever entered the picture.

Continue reading "Four Men Arrested In Florida For Almost 8 Pounds of Methamphetamine " »

Manhattan hotelier Vikram Chatwal , a good pal of trouble magnet Lindsay Lohan, was arrested after police allegedly found him with illegal drugs at an airport checkpoint. Police say Chatwal was packing heroin, cocaine, ketamine, pot and an assortment of powerful pills when “behavior detection officers” flagged him for a search at the Fort Lauderdale-Hollywood International Airport. The arrestee provided a post-Miranda statement to narcotics detectives wherein he admitted possessing and purchasing the (drugs) illegally, according to the police report.

According to Black’s Law, self-incrimination is the act or declaration either as testimony at trial or prior to trial by which one implicates oneself in criminal activity. Practically, self-incrimination can occur either directly, where information of a self-incriminatory nature is disclosed by means of interrogation, or indirectly, where information of a self-incriminatory nature is disclosed voluntarily without pressure from another person.

The Fifth Amendment to the United States Constitution protects citizens from incriminating themselves. Protection from self-incrimination requires the government to prove the case against one using corroborating evidence and other witness testimony, rather than coercing an admission of guilt. Some do not realize that refusing to answer a question because the response could form self-incriminating evidence is legal and proper. However, these rights are not always widely publicized, making one who is unaware, at risk.

Protections from self-incrimination stem directly from torturous practices that were and sometimes, still are, being used to extract information and confessions. Sometimes, police officers will physically injure suspects that they feel are guilty, or that they feel will “admit” guilt when they are actually innocent, in order to be removed from such police brutality. Some of the most famous cases involve criminal suspects being subjected to days without sleep under bright lights, or being scared into submission by a group of police officers who are threatening one, either with trumped up charges or other forms of punishment that may or may not be legal.

Fortunately for citizens facing drug interrogation in Jacksonville as well as across the nation, protections from self-incrimination in the form of “Miranda rights” are now mandatorily read to arrestees due to Miranda v. Arizona (1966). Miranda warnings must be given before law enforcement officers initiate questioning after one has been taken into custody or otherwise deprived of one’s freedom of action in any significant way. This means that if one has been arrested, taken into police custody that one cannot leave from, or is in a police dominated situation that a reasonable person would not feel free to leave from, then one must have one’s rights read.

One must be warned, prior to interrogation, of one’s various Miranda rights listed below:
- One has the right to remain silent,
- Anything one says may be used against one in a court of law,
- One has the right to the presence of an attorney, and that,
- If one cannot afford an attorney, an attorney will be appointed.
- Further, only after such warnings are given and understood, may one knowingly waive one’s rights and agree to answer questions or make a statement.

Many think that if they do not say anything to police, that they are somehow implying guilt. However, this is not the case. The only statements that police and subsequently the State may use to claim an admission are the statements that one actually makes. Remaining silent, the most beneficial option one does have, does not mean that one has admitted being guilty to anything.

Remember that one has one choice of relief in a situation like this. One charged with a crime of this nature should contact an experienced Jacksonville criminal defense attorney to fight the case and ensure one’s 5th amendment rights and defenses against self-incrimination are known and protected.

Continue reading "Lohan “Bud”dy Arrested for Various Drug Possession at Florida Airport" »

Neill Franklin, a former undercover drug investigator from Maryland and executive director of Law Enforcement Against Prohibition, is publicly advocating for decriminalization of drugs to curb crime and dangerous addictions. Law Enforcement Against Prohibition is a decade-old non-profit that promotes a stop to the “War on Drugs”, based on the belief that current drug policies fail to address problems of drug abuse. Franklin says legalizing and regulating drugs will save law enforcement time and money, as well as potentially create a profit for government.

Marijuana, also known as weed, pot, bud, ganja, hydro, trees, chronic, and the natural name “cannabis”, as well as other concentrated forms such as hash, is one the most popular recreational drugs in Florida. One of the most common marijuana charges in Jacksonville is misdemeanor or felony possession of marijuana and drug paraphernalia associated with its use. However, findings from a People United poll showing seven out of 10 Floridians would support a constitutional amendment to support legalizing marijuana for medical use, may mean a change for Florida’s current drug laws.

As time and society has progressed, the knowledge obtained about substances and their benefits, as well as their detriments has grown tremendously. Some substances obviously serve no useful benefit to the human body and as such, have been reasonably prohibited. However, as science’s ability to understand what natural elements might help produce a reasonably desired result with little harmful effect increases, society’s fear or lack of understanding of “drug” benefits may begin to diminish.

Marijuana, like any drug, legal or illegal, when used improperly can have dangerous consequences, both short term, in cases involving car accidents or other vehicular related charges that might be the result of being “high”, but also long term consequences such as throat problems and lung issues. However, there are many all throughout Jacksonville and across the nation that use marijuana strictly for medicinal purposes.

A good example of such a medicinal user may be seen in a new bill being proposed to the Florida legislature but John Morgan. Morgan is proposing the bill as a means for those who have cancer, major pain that might require relief in the same form as would someone using prescription narcotics, or for simply loss of appetite due to old age or other medicines that cause appetite loss.

In Morgan’s particular case, his father suffered from emphysema and cancer, and as a result of the number of prescription medicines he was on at the end of his life, he lost his appetite; Marijuana gave him some relief by giving him his appetite back, as well as probably relieving some of the pain that cancer does cause.

Even though the bill is being introduced, one must still be aware that currently, Florida’s marijuana laws are some of the strictest in the country for possession. If one is caught in possession of more than 20 grams of marijuana in Jacksonville, one may be charged with a third degree felony, exposing one to a possible five year prison sentence. Not only might one possibly have a marijuana conviction on one’s record, but one can also expensive fines, in addition to a mandatory driver's license suspension for two years, as customary with a drug related offense.

The current marijuana laws may change, but until that time, if one is charged with a marijuana related offense, one may be facing an uphill battle. Sometimes a juvenile is arrested; sometimes an elder. No matter the case, if one obtains an experienced Jacksonville drug crimes defense attorney, one’s attorney will fight the case by filing an appropriate motion to suppress any illegally obtained evidence if one was arrested due to an unreasonable search and seizure by law enforcement, and will make sure that one’s ability to re-obtain one’s freedom will not be hindered.

Continue reading "Former Drug Investigator Promotes Decriminalization of Drugs In Florida" »

The United States Supreme Court voted 5-4 to uphold the appellate court decision in Florida v. Jardines, suppressing the evidence seized when police used a drug-sniffing dog outside a house being used to grow marijuana. Florida v. Jardines, involved the defendant being arrested for marijuana cultivation after police brought a drug dog to defendant’s door without a search warrant, then returned with a search warrant after the drug dog alerted the authorities of drugs.

At all points throughout the case, the state of Florida appealed the Florida Supreme Court decision holding that the drug dog search was illegal, because it was a warrantless search of a home.

Florida v. Jardines an issue of whether homes are subject to a higher Fourth Amendment standard than automobiles in traffic, luggage being sniffed on a conveyer belt, packages being sniffed at a package delivery service, or other moving or movable objects. The Supreme Court has upheld the warrantless use of drug dogs in those cases, but have granted greater protections to the privacy of the home, prohibiting police from using such measures as thermal imaging equipment to detect drug grow operations.

The courts have determined that one does not have a reasonable expectation of privacy in contraband. However, warrantless intrusion via listening devices, thermal imaging, and now drug dog sniffs, has been found to require a warrant in order to be conducted. The problem with cases like these involving drug dog sniffs is the reliability of the sniff. Drug dogs, even though specially trained for a purpose, are still dogs. Dogs get excited and will alert to things like tennis balls in trunks and animals in the vicinity. Even highly trained drug dogs still only smell “contraband”. This does not necessarily mean that drugs are present. Faint odors may remain when no contraband exists. Legal Incense is sold that smells like marijuana. A drug dog will alert falsely and police will invade because of legal activity like burning incense that causes a legal smell.

The Court must consider the totality of the circumstances in determining whether probable cause to conduct a warrantless search is sufficient, and any fact that bears on a dog's reliability as a detector of the presence of drugs will come within the review of the courts.
Furthermore, the location of the search is crucial to whether the search is legal under the 4th Amendment. Under the 4th amendment, if the police have exigent circumstances, or circumstances that would show that evidence of criminal activity could be removed or destroyed quickly, the police may conduct a search without a warrant. However, one has a reasonable expectation of privacy from government intrusion in one’s home. This means that police may not enter one’s home without a warrant if they do not have probable cause. In Jardines, the State claimed police had probable cause because of the police dog’s alerting to the smell of contraband. As discussed above, smell does not mean contraband.

In a case involving an illegal search of one’s home without a valid search warrant, a motion to suppress the evidence found is the only thing that forces law enforcement to adhere to the Constitution, by making sure that if the search is not done correctly, the evidence will be excluded, leaving the State with no case.

If one obtains an experienced Jacksonville drug crimes defense attorney to fight the case and ensure the illegally obtained evidence against one will be suppressed, limiting what the prosecution and police have access to, and possibly having one’s charges dropped.

Continue reading "U.S. Supreme Court Upholds Florida Drug Dog Sniff Decision As Unconstitutional 4th Amendment Search" »

Former Miami Police Sgt. Raul Iglesias, convicted of two counts of civil rights violations, along with conspiracy to possess and possession with the intent to distribute cocaine and crack cocaine, will serve four years in federal prison after his conviction for stealing drugs from traffickers, planting cocaine on suspects and lying to federal agents.

Iglesias, a former U.S. Marine, as a rogue sergeant who over the course of five months in 2010 planted cocaine on a suspect, stole drugs and money from dope dealers, and lied about a box of money left in an abandoned car as part of an FBI sting. Iglesias refused to take responsibility for his actions, blaming other cops and after his conviction engaging in a letter-writing "smear" campaign against those who testified against him.

Sometimes, law enforcement officers will betray the public trust and try to illegally benefit from positions of authority by committing acts of wrongdoing against the very citizens they are hired to protect. For many citizens in Jacksonville, police misconduct may be in the form of theft, planting of drugs by police, illegal searches and seizures, and police brutality. When a police officer gets in trouble with the law, the consequences can be much more severe than for the average citizen. Most are not sure what one should do when a police officer violates their Constitutional rights, as the time and evidence one has to prove one’s innocence and the officer’s misconduct starts disappearing.

Law enforcement generally have broad powers to carry out their duties. The Constitution and other laws, however, place limits on how far police can go in trying to enforce the law. As many recent cases illustrated, police officers sometimes go too far, violating the rights of citizens. Under 42 U.S.C. 1983, the primary civil rights law victims of police misconduct rely upon, makes it unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or federal law. The most common claims brought against police officers under this statute are false arrest (or false imprisonment), malicious prosecution, and use of excessive or unreasonable force. Civil rights laws allow attorney fees and compensatory and punitive damages as incentives for injured parties to enforce their rights.

Defense attorneys representing a police officer for any of these claims will raise a defense of qualified immunity. This defense exists to prevent the fear of legal prosecution from inhibiting a police officer from enforcing the law. The defense will defeat a claim against the officer if the officer's conduct did not violate a clearly established constitutional or statutory right. In other words, the specific acts the officer prevented the individual from engaging in must be legally protected, otherwise there is no civil rights violation. In order to win a civil rights claim, an individual bringing a police misconduct claim must prove that the actions of the police exceeded reasonable bounds, infringed the victim's constitutional rights, and produced some injury or damages to the victim.

When law enforcement officers make up lies or plant evidence, they sometimes are required to create new and bigger lies in order to cover up the original deception. Police officers handle a lot of cases, and as time passes, these deceptive officers’ memory will betray them, not recalling their original statements. Their initial report says one thing. But five months later in deposition, they say another thing. An experienced attorney would use these inconsistent statements to impeach cops' testimonies during trial and pre-trial hearings. Even better, sometimes a deposition transcript showing a cop's inconsistencies can be used to get the state to offer a great plea or even drop the case.

Whatever the form of police misconduct one’s case may involve, one involved in a situation like this should not delay in obtaining an experienced Jacksonville police misconduct defense attorney who is committed to defending one’s freedom and proving law enforcement abuse of authority in violating the Constitution.

Continue reading "Miami Police Officer Convicted Of Civil Rights Violations, Planting Drugs, and Obstructing FBI Investigation" »

John Willis, also known as Bac Guai, or “White Devil John,” has pled guilty to dealing oxycodone and money laundering on an indictment that painted him as the nexus among low-level Asian gangs that ran rackets in Chinatown, including drug dealing, gambling, and prostitution. Willis was a white male enforcer from Dorchester who quietly emerged as a leader among Chinatown’s Asian gangs, historically known for insulating themselves from outsiders. Willis had been introduced to the neighborhood’s underworld when he was about 12 years old, learning to speak Cantonese, and being essentially adopted by a Chinese family. Following the leaders of the violent and once-powerful Ping On Gang, Willis launched a career in drug sales that spanned more than two decades.

Money laundering in Jacksonville is a scheme by which funds that are generated by illegal activities are concealed, disguised, washed, or “laundered”, making the money appear legitimate to evade detection, prosecution, seizure and taxation by the government. If one has a large amount of cash that appears quickly, one’s newly shown assets could appear suspicious, typically resulting in the bank reporting a hefty deposit or withdrawal to authorities who will then investigate the potential crime. Remember that just because money laundering is typically non-violent in nature, does not necessarily translate into lesser penalties. The reason for this is because of a strong public policy against fraud and the other crimes that are typically associated with money laundering, including, sometimes, violent crimes.

As a means of discovering illegal activities, the federal and Florida governments have enacted laws to detect large sums of cash entering legitimate business channels. Under the bank Secrecy Act of 1970, passed by congress to help fight money laundering in the country, requires banks to report transactions that amount to $10,000 or more. The act also requires the reporting of foreign bank accounts and other foreign financial accounts. Failure to report these things can lead to investigation by the federal government.

Recently, the FBI and Attorney General's office has dramatically increased prosecution of money laundering crime because of laundering’s suspected link to financing terrorism. The federal government is levying more money laundering charges against potential defendants, devoting more resources toward decreasing the time taken to convict those accused of money laundering.

One could be accused of money laundering for a variety of reasons, including:
- Concealing the source of funds placed in a bank account or invested in a business,
- Failing to report large cash transactions, OR
- Failing to provide due diligence in determining the source of large amounts of money

Money laundering crimes typically carry a sentence of up to twenty years in Federal prison and a $500,000 fine or twice the value of the money laundered. In Florida, the penalties for money laundering are extremely harsh and vary depending upon the amount of money laundered.
- $301-$19,999 within a 12 month period - 3rd degree felony (up to 5 years in state prison).
- $20,000-$99,999 within a 12 month period - 2nd degree felony (up to 15 years in state prison).
- $100,000 and above - 1st degree felony (up to 30 years in state prison).

The State and Federal government can legally force forfeiture of large sums of money from groups and organizations that can be traced directly to criminal activity, but also any money that is "commingled" with the tainted money. In other words, the government can seize the entire balance of any certain bank account if they can connect it to money laundering, even if the amount traced to illegal activity is only a small portion.

If one obtains an experienced Jacksonville drug crimes defense attorney, one’s attorney may be able to file a motion to suppress any illegally obtained evidence and argue any potential defenses to one’s possession of the illegal substance either on one’s person or in one’s home.

Continue reading "Chinese Gang Enforcer “White Devil John” Learns Knew Meaning Of Enforcement With Criminal Indictment" »

Aurelio Cano Flores, aka “Yankee” and “Yeyo,” a Mexican national and high ranking member of the Gulf Cartel, was found guilty today by a federal jury of conspiring to import multi-ton quantities of cocaine and marijuana into the United States. Flores was one of 19 defendants charged in a superseding indictment on Nov. 4, 2010, with conspiracy to manufacture and distribute five kilograms or more of cocaine and 1,000 kilograms or more of marijuana for importation into the United States. Flores was extradited to the United States from Mexico in August 2011 and was ordered detained in federal custody pending trial. Cano Flores is the highest ranking Gulf Cartel member to be convicted by a U.S. jury in the past 15 years.

Extradition is the formal process by which a fugitive arrested in one state (the asylum state) on an extradition warrant is surrendered to another state (the demanding state) for trial or punishment. Many times, people do not understand what being a fugitive of the law is, and if willfully, the fugitive may have escaped using a soon-to-be closing loophole that many use to evade the law when released on bond.

Being released on bail or bond means that in exchange for a court-set amount of money, one will be free from jail, but must remain and participate in all court proceedings required by the court. Many who are arrested on drug charges in Florida, like Flores, particularly for trafficking in major quantities, have easy access to money, especially to pay for more drugs, weapons, transportation, and in special cases, bail. This makes many afraid that those like Flores will present a flight risk, increasing one’s bail amount.

Many times, if the crime is not so serious or not related to drugs, where one obtains the bond money will not be questioned. However, for more serious charges requiring higher bail amounts, the Nebbia bond hearing, which was once not used as much, is now being employed to ensure that those accused of major trafficking crimes will stay for court because of a legitimate detriment caused by the bond.

Many times, when one skips bail, one will leave the state, as Jacksonville has major access the I-10 and I-95. However, one cannot evade forever. One may have an extradition warrant out for one’s arrest. If one is in Florida and evading a charge from another state, that State might have issued an arrest warrant issued by another state, requesting that one be arrested and transported back to the demanding state.

The most important reason that one needs an experienced attorney is needed in interstate extradition cases is because if Florida or the issuing state that is demanding one’s arrest has sanctioned one to post a bond, the bond cannot be posted in the asylum state, only in the demanding state. For example, if one was arrested in Georgia for a crime in Florida, one cannot post bond in Georgia; one must post in Florida.

As a result, one must remain in jail until the demanding state retrieves one to appear in Florida; this process often takes thirty days or more. This situation can sometimes be avoided having one’s experienced attorney convince a judge in either Florida or the asylum state to set what is known as an extradition bond.

Accused parties face charges they never knew of and warrants they never thought would be out on them, and because of their lack of knowledge, they suffer at the hands of a very powerful state operated legal system. One can be sure that one will know one’s rights, know what the prosecution and police have access to, and will be able to make sure that wrongfully obtained evidence will not be used against one if one obtains an experienced attorney.

Continue reading "Mexican Gulf Cartel Fugitive Charged With Cocaine and Marijuana Distribution Throughout Florida and Southeastern U.S." »

Many times in Jacksonville, immediately before a suspect is arrested, the authorities will seize all of the suspect’s assets. In order to be freed from jail pending trial, the court will set large bail amounts. Sometimes, even if one comes up with the amount of money requested by the court, it is still not enough. Sometimes the court will require a hearing in order to provide testimony as to the source of the funds used for bond.

In Florida, the Court can add a condition on one’s bond known as a Nebbia Hold or Bail Source Hearing. A Nebbia hold requires the defendant and co-signers of the bond (one’s friend or family member) to produce and disclose the source of bail premium and collateral prior to the defendant's release on bail.

In United States v. Nebbia, 357 F.2d 303 (2d Cir. 1966), the court held that when a defendant posted $100,000.00 bail in cash, the trial court was permitted to ask questions about the source of the funds and whether those funds were from a legitimate source. The rationale behind the decision was that if the defendant had acquired the $100,000 through illegal activities such as drug trafficking, theft, money laundering or other fraud, then the funds would give no cause for a defendant to return to court, or change one’s conduct, based on the illegality of how one came about the funds. To put it simply, the court does not want to reinforce bad behavior.

The Nebbia decision has been fine-tuned for Florida, the State Courts having interpreted Florida Statutes and the Florida Rules of Criminal Procedure, particularly Florida Statute 903.046(2), and Florida Criminal Procedure Rule 3.131(b) to allow a court to question the source of funds used to post bail before release. The State attorney or arresting officer may request a motion for this hold, or the court may set a Nebbia hold at first appearance.

During the Nebbia hearing, the burden of proof is on the Defendant to prove the funds and/or collateral come from a legitimate source. One may do prove one’s bond funds are legitimate by having one’s attorney file an appropriate Nebbia Proffer. The proffer is a written response to the Nebbia Order showing evidence that the funds being used to pay the bond are from legitimate sources, and can include a copy of income statements, check stubs, bank records, mortgage and real estate property records, and other financial records which trace the funds being used to pay the bond to legitimate sources. Once the court is satisfied, either through a hearing or an agreement between the attorneys and the judge, the Court can remove the Nebbia hold and allow one to bond out of jail.

The courts in many counties throughout North Florida, including Duval, Nassau, St. Johns, Baker and Clay Counties are now routinely holding Nebbia hearings for bail connected to drug trafficking, fraud and conspiracy cases. An experienced Jacksonville Nebbia bond hearing lawyer can quickly schedule the Hearing, file a Nebbia Proffer, and then file a Petition to Lift the Nebbia Order.

An experienced attorney can help one present the necessary documents to the prosecutor and the court. At the hearing, one’s experienced attorney will present evidence, including documents and testimony, showing the court that the source of the funds to pay the bail is legitimate. There is nothing wrong with borrowing the funds, as long as it can be shown that the loan could be repaid with legitimate funds. Remember, the court must be satisfied that the funds being used to post the bond are from legitimate sources before the Court will lift the Nebbia hold so that the Defendant can bond out of jail; This means one must be cooperative with one’s attorney so that the legitimacy of one’s bond funds can be proven without any further delay.

Continue reading "Nebbia Bond Hearings Increase In Jacksonville Drug, Fraud And Theft Cases" »

The U.S. Attorney's Office reports that 30 suspects were arrested in South Florida for engaging in a massive operation that trafficked drugs from Arizona to Florida. A 12-count indictment filed earlier this month claims the defendants were part of a conspiracy that involved shipping cocaine hydrochloride from Tucson, Ariz., to Palm Beach County for sale and distribution as both cocaine hydrochloride and cocaine base. Much of the cocaine was sold in and around the Lake Worth area. If convicted, the defendants each face up to life in prison.

From the very beginning, the costs and penalties rendered to those arrested and their families for merely being charged with a drug trafficking crime typically face the overwhelming and for some, almost impossible task of trying to get that person out of jail pending a trial or other disposition. Many times, when one is arrested for trafficking in drugs, depending on the drug, one will be held without bond. However, many trafficking crimes are not as serious, but carry excessive bonds, that may be so expensive that paying the bond, even with a bail-bondsman is virtually impossible.

Drug trafficking cases in Florida carry mandatory minimum sentences which can range from 3 years to 25 years, even for a first time offender. Florida drug laws are among some of the harshest in the country. Even relatively minor drug charges, such as possession, possession with intent and delivery of a small amount of drugs, can sometimes carry serious penalties upon conviction and have an impact over your personal, family and professional life.
Punishment for drug trafficking offense also depends, in part on the type of controlled Substance as well as the amount of the substance, but can carry a prison sentence, as well as fines as high as $500,000.

Drug trafficking offenses commonly involve the following types of narcotics or controlled substances:

Trafficking in Marijuana or Cannabis or Conspiracy to Traffic in Marijuana or Cannabis;
Trafficking in Cocaine, or Conspiracy to Traffic Cocaine;
Trafficking in Heroin, or Conspiracy to Traffic Heroin; and
Trafficking in Prescription Medication such as hydrocodine or oxycotin.

Many times, federal drug trafficking charges will be brought because of the trafficker moving the drugs across state lines. These federal penalties are also dependent on the type of controlled substance and the amount. Most do not think about prior misconduct in the law, particularly whether the charge would be a first, second, or third offense. If one’s case does involve an aggravating factor such as a prior drug conviction, involvement in a conspiracy, or possession of a firearm, one could be exposed to an even longer prison sentence.

In most drug trafficking cases, if one obtains an experienced drug trafficking defense attorney, one’s attorney will be able to scrutinize and investigate whether the actions of the police were proper. Police action could be a red flag for witness tampering or be a cause for a motion for suppression of evidence for unlawful search. Many times the police will search one’s property without a search warrant, or use some other manner to invade one’s privacy. Wiretaps, informants, dog sniffing, infra-red heat detection systems and other police methods have been found either entirely unconstitutional or usable in very limited circumstances. One should not suffer because the police do not follow the law.

If one obtains an experienced Jacksonville drug crimes defense attorney, one’s attorney may be able to file a motion to suppress any illegally obtained evidence and argue any potential defenses to one’s possession of the illegal substance either on one’s person or in one’s home.

Continue reading "30 Suspects Nailed For Arizona-Florida Drug Trafficking" »

A Nebraska judge this week dismissed a case against Joseph Beard of Orlando, Fla., was set to be arraigned on a charge of possession of nearly 18 pounds of marijuana with intent to deliver it across the state. An attorney with Lancaster County Attorney Joe Kelly's office asked to dismiss the case, saying there was insufficient evidence to sustain a conviction. Last December, Beard was a passenger in a 2005 Suzuki XL7 stopped for speeding on Interstate 80. A police dog indicated the smell of drugs, which led to a search that turned up 18.25 pounds of high-quality medical marijuana, valued at nearly $90,000. A charge remains pending against the driver, Benjamin P. Smart of Ala.

In Florida, and almost every other state, possession of marijuana is illegal. Many do not understand though that the statement “It’s not my drugs, man” is actually a valid defense, under certain particular circumstances that must be present in one’s case. In order to be properly charged and convicted of possession of an illegal substance, the State must prove that one possesses that substance themselves or if the illegal substance is actually someone else’s.

There are two types of possession: actual and constructive. Actual means that the drugs in your hand or on your person. For example, If a law enforcement officer finds a baggie of marijuana in your pocket, then you are actually in possession of the drug because it is on or about your person.

Many times, when police find illegal substances, they are found in a place where more than one person had access. This requires the State to prove two very crucial elements of constructive possession before one can be convicted of Possession of Marijuana in Jacksonville:

- Knowledge of the drug's presence AND
- Dominion and control over the drug

However, in a jointly occupied vehicle, a defendant’s proximity to contraband is insufficient to establish constructive possession. In situations like this, the State must present independent proof of the defendant’s knowledge and ability to control the contraband. The independent proof is usually established through the person in the car talking to the officer and admitting to possession of the drugs.

Many times, the prosecutor cannot meet their burden of proving constructive Possession unless the State can show some proof that you knew the cannabis was present. Even if law enforcement can show that one knew about the drug, the State must still show that not only did one know the marijuana was there, but one is also able to exercised dominion and control over it. If someone else has sole dominion and control over the drug, one should not be convicted of possession.

Remember that not all Drug possession charges are valid or constitutional. Many of these charges commonly stem from an illegal search conducted by law enforcement, that many times, goes unquestioned. Therefore, it is imperative one obtains an experienced attorney who will thoroughly investigate whether the initial stop and subsequent search were legal.
If the initial stop or subsequent search was illegal, the drugs seized will become inadmissible as evidence in court. This legal concept is often referred to as the fruit of the poisonous tree doctrine. The idea is that, if the search is illegal (i.e. the tree is poisoned), all the evidence flowing from the search is tainted (i.e., the fruit is also poisoned) and cannot be used in court.

An experienced attorney can also conduct depositions of all state witnesses and examine any evidence. Depositions many times may reveal problems in the State’s case that will allow one’s charge to be lessened or dismissed. For example, crime lab testing might have been faulty, the chain of custody might have been tampered with, the truthfulness and veracity of involved witnesses could be questioned, leading to a favorable outcome on a motion to suppress evidence. If the evidence is suppressed, the charge may not stand.

If one obtains an experienced Jacksonville drug crimes defense attorney, one’s attorney may be able to file a motion to suppress any illegally obtained evidence and argue any potential defenses to one’s possession of the illegal substance either on one’s person or in one’s home.

Continue reading "Florida Man’s 18 Pound Drug Case Dismissed For Lack of Evidence" »

Two Witchita brothers were partying together to celebrate a $75,000 winning lottery ticket, when they accidentally blew up their Wichita home. Neither of the brother's names has been reported. One of the brothers allegedly went to the kitchen to refuel the butane torches they planned to use to light their bongs. He emptied a couple of large cans of butane lighter fluid, leaking butane into the air. The butane vapor reached the pilot light in the furnace, causing an explosion. The injured brother's girlfriend drove him to the hospital and then "sped off and has not been found." The man was treated for second-degree burns and is in stable condition. The other brother was arrested on drug charges after telling police he had meth and marijuana in the home.

Many times, when an individual is charged with a drug crime, the charge is brought because of an extenuating circumstance that would not normally involve any legal consequences, but for the illegal substance either on or in one’s person. For example, some arrested for misdemeanor possession of an illegal substance were arrested because of a non-drug related car accident, a drug-related overdose out of one’s control, or other situation that they might have been the victim in.

In this case, one of the brothers was charged with misdemeanor possession of meth and marijuana. Possession of less than 20 grams is a First Degree Misdemeanor and if convicted, one could receive a combination of up to a year probation, a year in jail, or a fine of up to $1,000.

Those accused of possession of an illegal substance in Jacksonville should remember not to say anything to police until one has spoken with one’s experienced criminal defense attorney. There are many defenses that one can raise to the charge of possession of an illegal substance.
Many times, when police find illegal substances, they are found in a place where more than one person had access. This requires the State to prove two very crucial elements of constructive possession before one can be convicted of Possession of Marijuana:

- Knowledge of the drug's presence AND
- Dominion and control over the drug

Many times, the prosecutor cannot meet their burden of proving constructive Possession unless the State can show some proof that you knew the cannabis was present. Even if law enforcement can show that one knew about the drug, the State must still show that not only did one know the marijuana was there, but one is also able to exercised dominion and control over it. If someone else has sole dominion and control over the drug, one should not be convicted of possession.

Unfortunately, law enforcement exceed the scope of their legal authority, many times coercing or threatening other police action in order to have one consent to a search, or simply searches without a proper warrant. If one obtains an experienced attorney, one’s attorney will motion the courts to suppress the resulting evidence as having been illegally obtained, if either instance or police misconduct occurred.

Unfortunately for many who abuse illegal substances, overdoses can happen, and along with it, an admission to a medical professional that either oneself or another has been or is currently on an illegal substance. Fortunately for the victims of overdose, those who are experiencing a drug-related overdose that need medical assistance, or those assisting the person that needs medical assistance, are immune from prosecution for possession if it can be shown the evidence was obtained as a result of the overdose and was needed to administer proper medical treatment.

If one obtains an experienced Jacksonville drug crimes defense attorney, one’s attorney may be able to file a motion to suppress any illegally obtained evidence and argue any potential defenses to one’s possession of the illegal substance either on one’s person or in one’s home.

Continue reading "Two Witchita Brothers Celebrate Lottery Win With A Bang " »

According to the ABA Journal, 18 year old Penelope Soto of South Florida was sentenced to 30 days in jail for contempt after she gave the finger to Judge Jorge Rodriguez-Chomat and told him “F--- you.” Soto, who was accused of possession of Xanax, laughed off the hearing, which the judge responded to by setting bond at $5,000. After telling the Judge, “Adios,” the Judge told Soto to come back and raised her bond to $10,000. After hearing of the raise in bond, Soto raised her middle finger and told the judge, “F--- you.” At that point, Rodriguez-Chomat called Soto back one more time and imposed a 30-day sentence.

Bail or bond is the monetary amount that must be posted before a person can be released from jail pending trial. One has a right to bail, unless one has been charged with a capital crime (i.e. carries a penalty life imprisonment or death) or one is facing a violation of probation. One may also have to agree to other conditions before the one will actually be released. Collectively, this process is known as Pretrial Release.

Most if not all of the terms of one’s bond will be determined at a bond hearing. A Bond hearing is a court appearance in front of a judge. Many think this hearing is the arraignment hearing, however, the arraignment date will come later. In most cases, there is no plea of guilty or not guilty at the hearing.

In some cases, if one was arrested on a misdemeanor, one will have the option to plea out on either a guilty or no contest plea. One should gain the help of an experienced attorney before one goes to a bond hearing. Many times, entering a plea is not in one’s best interest.
If the court finds one’s charge is not a serious crime, or that one will appear in court when required, or that one has a responsible person in the community who will guarantee one’s appearance in court, such as a family member or parent in the case of juveniles, the judge has the option of releasing one without bail. This is called release on one’s own recognizance (ROR), or understanding that one will attend and comply with all court proceedings and procedures required.

Scheduling a bond hearing in Jacksonville on one’s own is no simple task. One should obtain an experienced attorney who can quickly determine the correct judge to schedule the hearing with depending on whether charges have been formally filed or whether the case is a misdemeanor, felony, or violation of probation charge, and will be able to speedily file a Bond Motion with the Clerk of the Court to work on one’s release.

In Florida, non-monetary conditions of release are supposed to be imposed if possible, but judges almost always require that a monetary bond be posted. In setting the bail amount, the judge must be convinced that one will appear in court when required and generally makes this determination by weighing ones ties to the community versus the likelihood of one fleeing if released.

Sometimes Judges imposes bails that Jacksonville’s citizen’s simply cannot pay for. An experienced Jacksonville criminal defense attorney who can file a motion to reduce one’s bail showing one’s willingness to appear at all scheduled court dates during the first bond hearing, and requesting for a more manageable bail amount.

Continue reading "Florida Teen Flips At 30-Day Jail Sentence For Flipping Judge The Bird" »

The Florida Supreme Court upheld Florida v. Adkins the state's controversial drug possession law, ruling that defendants must prove that they did not know they were carrying an illicit substance. The decision was the result of a federal judge in Orlando ruling that the entire Florida law was unconstitutional on its face under the due process clause. This law is in disagreement with approximately 48 other states, which rest the burden of proof on the state. Most jurisdictions require prosecutors to prove that the defendants knew the substances that they were carrying were illegal.

Prosecutors must still prove that the suspect knew the drug was in their possession.

Possession of a Controlled Substance in Jacksonville, or PCS, is a very serious charge that can carry very serious repercussions and harsh punishments, including long prison sentences, fines, inability to be employed, extinguished educational opportunities, and driver’s license suspensions.

Under Florida Statute. § 893.03, controlled substances in Florida are classified into five schedules, ranging from the most severe drugs with most severe punishments in Schedule I, to the least severe drugs with the lightest controlled substance punishments in the Schedule V classification.

In order to properly charge an offender with Possession of a Controlled Substance, the prosecution must prove the alleged offender had either actual or constructive possession of the controlled substance, an essential element to PCS. But what is the difference between actual vs. constructive possession?

Actual possession is proved when one is shown to have actual, physical possession of the controlled substance. With this type of possession, the substance has typically already been ingested or is still in one’s physical possession, like in a clothes pocket.

Constructive possession is harder to define, and is more difficult for the State to prove. In order to prove constructive possession, the State is required to prove the following three elements:

- One was aware of the substance in one’s vicinity;
- One knew the substance was illegal in nature; and
- The controlled substance was in one’s presence, or close enough to actually possess the substance.

If a person possesses a controlled substance unintentionally, he or she can establish the affirmative defense available under the law, which precludes the conviction. Sometimes this situation can result from someone planting an illegal substance on another in order to hide their wrongdoing. Unfortunately, this very same act plagues the law enforcement community as well, planting illicit substances on someone in order to make an arrest that appears facially valid.

If one obtains an experienced Jacksonville drug crimes defense attorney, one’s attorney may be able to file a motion to suppress any illegally obtained evidence if one was arrested due to an unreasonable search and seizure by law enforcement of oneself or one’s home. If a search was conducted illegally, anything found as evidence in the search is inadmissible, and cannot be used against one in court legally.

Continue reading "Florida Supreme Court Affirms Controversial Drug Possession Law" »

Reynaldo Tapanes of Miami pled guilty to participating in an operation that stole nearly $600,000 in prescription medicine and hair care products. The U.S. Attorney's Office says the thefts occurred in Florida in 2008 and 2009. The crime involved prescription respiratory medicine in a tractor-trailer that was stolen in Tampa, and Tapanes admitted delivering the drugs to an unnamed contact. Tapanes also admitted delivering hair care products to a warehouse in Newark. Those were part of a shipment from Ohio to Florida. He admitted receiving $180,000 for both deliveries.

Conspiracy is commonly characterized as an accord of two or more people to commit a crime. Conspiracy crimes can range from financial conspiracies and tax fraud to something as simple as drug sale operations in a local neighborhood. The most commonly prosecuted conspiracy crimes in Jacksonville and federal court is conspiracy to distribute drugs, particularly marijuana, ecstasy, and methamphetamine. However, many of these conspiracies now are broad-scale theft crimes.

A conspiracy does not need to be planned in secret and does not require proof of specific intent by the accused to injure any specific individual. Instead, the conspirators need only to have agreed to engage in a certain illegal act under Florida law.
An experienced attorney would file motions to dismiss and motions to suppress evidence collected through improper law enforcement search and seizure procedures that violates clients' Fourth Amendment rights. Many times, improperly obtained evidence can results in suppression of evidence and the complete dismissal of charges all together.
Conspiracy to traffic, import, distribute, or dispense illegal drugs in federal court can carry harsh minimum sentences of 10 years to life. In Florida, drug trafficking charges are punishable by up to life in prison with up to 15 years of minimum mandatory time. One may feel that one is up against the wall in legal battles, leaving many to feel there are no effective defenses against major drug charges to significantly improve outcomes, particularly when evidence against one seems insurmountable.
Many of the major defenses to drug charges come simply by having an experienced attorney who knows where the holes will be in proper police procedure. One’s challenges should be based on evidence and procedural claims:
Many times in cases like this there are peripheral “co-conspirators” who were simply doing what their superiors told them to do without knowledge that this high scale theft was part of a bigger money-making scheme. Prosecutors may overlook those facts, casting 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 the charges reduced or dismissed because of a lack of evidence or other weakness in the state’s case.

One has one choice of relief in a situation like this. One charged with a crime of this nature should contact an experienced Jacksonville drug crimes defense attorney to fight the case and ensure one’s rights and defenses are known and protected. One can either sit back and wait for the Judge to render a decision against one, or one can take charge of one’s defense and win one’s cause for freedom.

Continue reading "Florida Man Pleads Guilty to Conspiracy Involvement in Drug and Theft Crimes" »

Federal authorities say Sergei Kusyakov, who was involved with Metro Chiropractic and Wellness Center and City Lights Medical Center, paid Florida Hospital employees to steal private patient information through Dale Munroe II and his wife, Katrina Munroe, who worked at Florida Hospital's Celebration campus. Dale Munroe accessed more than 763,000 records for patients treated at various Florida Hospital locations. He focused on patients who were in automobile accidents, and inappropriately reviewed in detail more than 12,000 patient records.

Conspiracy is commonly characterized as an accord of two or more people to commit a crime. Conspiracy crimes can range from conspiracy to defraud the United States to something as simple as conspiracy to harm the neighbor’s dog. The most commonly prosecuted conspiracy crimes in Jacksonville and federal court is conspiracy to distribute drugs, particularly marijuana, ecstasy, and methamphetamine . However, many of these conspiracies now are for information based theft crimes.

Many think that when one is going through another individual or a computer to accomplish one’s goals, one feels disconnected from anyone that might be harmed by one’s desires, simply because one does not physically see an injured party. To the detriment of the accused, the State is not required to prove specific intent by the defendants to injure any specific person. Instead, the conspirators need only to have agreed to engage in a certain illegal act under federal law, as well as in Florida.

Conspiracy is a specific intent crime in the sense that the government must prove beyond a reasonable doubt that the accused had a considered, deliberate, specific intent to join the conspiracy charged with. To establish this intent, the evidence of knowledge must be clear, substantial, and unequivocal, not slim. In other words, the prosecutor must prove that the accused knew the conspiracy’s aims and intended to achieve them by joining the charged conspiracy. Merely showing that the accused had a general knowledge about criminal activity does not prove that they agreed to be a part of the conspiracy. Furthermore, being present at the scene of an act budding from the conspiracy, either the crime itself, other activity associated with it, or mere association with a co-conspirator, is not enough to establish the accused’s intentional and deliberate participation in criminal activity, even if the accused is aware of the criminal activity.

An individual charged with conspiracy has a number of potential defenses. One may have never agreed to join the conspiracy, or if one did, the prosecution may misperceive the nature and extent of one’s involvement. One may have withdrawn from the conspiracy. The drug amounts in Jacksonville’s common drug conspiracy cases may be exaggerated, or the amount of loss attributable in a fraud conspiracy may be inflated. Another problem the accused may face is a fight from now adverse witnesses against one that may be lying in order to cut a more favorable deal with the prosecutor.

When one has been charged with a crime such as this, one should obtain an experienced Jacksonville conspiracy crimes defense attorney. One should not throw their possible defenses to the wind. Without an experienced attorney, one could face a difficult time in proving one’s defense. Don’t let this happen to you. If one is a suspect of conspiracy, one should get a defense; the best defense possible.

Continue reading "Florida Man Charged With Paying Hospital Employees To Steal Medical Data" »

Federal authorities are proposing new regulations that would give the public more options to properly and legally get rid of unwanted controlled substances in an effort to help take highly abused prescription drugs off the streets. The new regulations would allow, for the first time, non-law enforcement entities to collect the unwanted drugs for disposal. The DEA also intends for local police departments and sheriff's offices to continue hosting prescription-drug "take-back" events, as they have since 2010.

In Florida, it is illegal for one to attempt to or obtain a controlled substance by fraud or some means of fraud. Fraud can be by forgery, alteration, or deceit used to obtain or keep a prescription or of any written order, or by the use of a false name or the giving of a false address, or by the concealment of a material fact. Within the last few years, the frequency of prescription drug abuse has reached an all-time high throughout the U.S. Prescription medications contain highly addictive properties and are easily available to most, from juveniles to the elderly, contributing to their common use. While prescription drugs are legal when used as prescribed, by someone who does not have a legitimate prescription, or are obtained by another through misrepresentation or fraud, then they can be classified as illegal controlled substances.

On a larger scale, so-called Jacksonville pill-pushers, pill-mills they operate, and other connections they have throughout the state have caught the attention of police and prosecutors in recent years as drug investigators have begun focusing on painkiller drugs that can be equally harmful if abused.

Many of the arrests in cases like these are everyday citizens selling pills and marijuana. However, this new saturation of Jacksonville pill sales in the drug market has led to many arrests of professionals, such as doctors, pharmacists, and others involved in the medical industry. Unlike simple buyers and sellers, this new wave of drug crime defendants are being charged with massive frauds and racketeering scams.

Facing these additional charges elevates the case to an entirely new level. An experienced Jacksonville drug crimes attorney can help those facing significant sanctions and prison time.
Many times, the main actors in charge of operating pill schemes are making huge amounts of illicit cash. When arrested, the main actors will be facing a harsh minimum mandatory sentences under Florida law, even if they have no prior criminal history .

Many times in cases like this there are peripheral “co-conspirators” who were simply doing what their bosses told them to do without knowledge that this was part of a bigger money-making scheme. Prosecutors may overlook those facts, casting 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 the charges reduced or dismissed because of a lack of evidence or other weakness in the state’s case.

Many times, the accused is merely trying to make a little extra cash to pay the bills. However, the cost of going away to prison for one’s crime could be more than any bill could ever amount. Sometimes, the offender is in desperate need of being cleaned up. One’s hope for a treatment program is not out of reach. There are options other than a jail cell. An experienced Jacksonville drug crimes attorney can provide those options.

Continue reading "DEA Proposes New Regulations Allowing Non-Law Enforcement To Collect Unwanted Drug Bust Spoils" »