Jacksonville Criminal Attorney Blog

There are many drug crimes that can lead to a drug arrest in Jacksonville. A very common drug charge in Jacksonville is possession of drug paraphernalia. This is a first degree misdemeanor punishable for up to 1 year in jail.

Drug paraphernalia means all equipment, products, and materials which are used, intended for use, or designed for use in planting, cultivating, growing, manufacturing, converting, producing, or introducing into the human body a controlled substance (illegal drugs). Paraphernalia includes:

1. Kits used for planting and growing of a controlled substance such as marijuana.

2. Testing equipment used for analyzing the purity of the drug.

3. Scales and balances used to weigh the drugs.

4. Pipes, syringes, or other items used to put pot, cocaine, heroine, etc. into the body.

5. Roach clips for holding marijuana cigarettes.

6. Miniature cocaine spoons or vials.

7. Bongs

There are other items that can be considered paraphernalia that are not on this list. Any item that is related to growing, mixing, or ingesting drugs can be considered illegal.

A man has been arrested in Jacksonville for cultivating 99 marijuana plants. David Franqui was arrested on May 4th for cultivation of marijuana in Jacksonville, a third degree felony. This crime is punishable for up to 5 years in prison. In addition to the pot plants, police found 5 pounds of marijuana in a freezer. JSO got a warrant to search Franqui's home.

As Jacksonville Marijuana Lawyers, our clients are often arrested after the police execute a search warrant on their home. In order to get a warrant to search someone's home on suspicion of cultivation, the police must demonstrate probable cause to believe the house is being used for the purpose of violating the laws relating to drug abuse. The officer will first list his or her qualifications, how long they have been on the force and narcotic experience. Police will then usually examine JEA records on the residence to demonstrate the suspect's bill is high compared to comparably sized homes. JSO will then usually conduct a "knock and talk" at the house. Inevitably, when the police approach the door, they will smell the odor of marijuana emitting from the home. The officer will then take this information to a judge to get a search warrant. The first thing a Jacksonville Pot Attorney will analyze is the affidavit for the search warrant to make sure the police followed proper procedure. If JSO did not get it right, the Jacksonville Criminal Defense Attorney can file a motion to suppress everything that was found as a result of the illegal search in Jacksonville.

A former Jacksonville Sheriff's Officer has been arrested again on drug related charges. Carl Kohn is being federally prosecuted for allegedly distributing cocaine from Flagler to Jacksonville. He is being held in jail because the judge said he was a danger to the community and a flight risk. In bond hearings in Jacksonville and anywhere in Florida, a judge has to decide how potentially dangerous someone is or how inclined they are to flee the jurisdiction. If you have someone you love that has been arrested, contact a Jacksonville Bond Attorney as soon as possible.

This is not the first time Kohn has been arrested for drug crimes in Florida. When he was a JSO officer, he sold cocaine while wearing his uniform from his police car. Kohn served 6 years in prison for sale of cocaine in Jacksonville.

Police in Monroe County found six pot plants and wanted to know who the grower was. They left a note and took the plants into custody. The "ransom" note left a phone number for the grower to call to get his plants back. Minutes later, a man called and offered the police $200.00 to get his pot back. When he arrived to pay, police arrested him after he handed over the money.

The grower could have been charged with a couple of crimes in Florida. One is called cultivation of marijuana and the other is possession of pot with the intent to sell. They are both third degree felonies punishable for up to 5 years in prison.

With the possession charge, the state attorney would have to prove that the man was growing the plants with the intent to distribute pot. In these pot arrests in Jacksonville, police will usually have more evidence than just the pot plant itself. They will often find baggies, grow lights, and scales.

For the cultivation of pot charge to stick, state attorneys would have to prove that you possessed at least one marijuana plant with evidence of root hairs.

There are many crimes related to prescription drug abuse in Florida. There is also a felony called fraudulently obtaining a controlled substance by using a forged prescription. In order for a pharmacist to dispense controlled substances, certain things must occur. they are:

1. Oral prescriptions have to be reduced to writing or electronically recorded by the pharmacist.

2. Written prescriptions have to be dated and signed by the doctor on the day issued.

3. The written prescription has to have the full name and address of the person who the drug is prescribed for, the full name and address of the doctor, the name of the drug, strength of the drug, and directions for use, the number of the prescription, and the initials of the pharmacist filling the prescription.

4. The prescription has to be kept on file with the pharmacy for 2 years.

An evidence technician was arrested in St, Johns County yesterday for grand theft and official misconduct. Officer Paul Robinson is accused of stealing the drugs he was in charge of collecting from recent arrests. Evidence technicians are supposed to take pictures, look for fingerprints, and collect evidence. After the evidence is collected, they are supposed to take it to the property room where they are held. Many of the drugs allegedly stolen by Robinson are said to be pills.

Jacksonville representative, Steve Wise, is a co-sponsor of a proposed law that would raise taxes on bongs by 25%. Their theory is that this tax will reduce the amount of people who use the device for smoking marijuana or crack. The Office of Drug Control Policy agrees with the bill. Any revenue gained from this tax supposedly will be used to pay for drug programs in Florida, but the main purpose is to try to control what items retailers can sell. Critics of the proposed law say this tax would not reduce drug use. It may be similar to smoking cigarettes. No matter how much the government raises taxes on smoking, people still smoke. And don't forget, despite all of the warnings against it from our government, smoking is still legal and the government makes a lot of money from the cigarette industry.

In Jacksonville, if you are caught with a bong with residue on it, you could be arrested for possession of drug paraphernalia. This is a first degree misdemeanor punishable for up to 1 year in jail.

The American Medical Association has changed its policy on marijuana. The association wants the U.S. government to remove pot's classification as a dangerous drug to one with possible benefits. Right now, the federal government classifies marijuana as a Schedule I controlled drug, which has no medical benefit.

Thirteen states have approved the use of medical marijuana. The government has recently ordered its narcotics agents not to arrest medical pot users and sellers in these states, even though pot is still illegal on the federal level.

In Florida, you can still be arrested for possessing, selling, and trafficking in pot.

Possession of drug paraphernalia is a first degree misdemeanor in Florida. That means if you are arrested for possession of paraphernalia in Jacksonville, you are facing up to a year in jail.

Drug paraphernalia includes all equipment and materials which are used or intended for use in planting, harvesting, preparing, packaging, ingesting, or otherwise getting illegal drugs into your body. Examples of paraphernalia are:

1. Pot Growing Kits
2. Pipes
3. Plastic Baggies
4. Scales
5. Bowls and Spoons
6. Bongs

Some of these items are not in and of themselves illegal. It is the way they are used. Police make the determination of how they are used when they arrest you. It is up to the state attorney to prove that their determination was correct. If you have been arrested for possessing paraphernalia in Jacksonville, Clay County, or Nassau County, contact a Jacksonville Drug Law Firm to discuss your case.

If you are arrested for a drug crime in Jacksonville or anywhere in Florida, the penalties have the potential to be very severe. If you possess under 28 grams of cocaine, you can be arrested for possession of cocaine facing up to 5 years in prison. If you have 28 grams or more and less that 200, there is a minimum mandatory of 3 years in prison and you have to pay a $50,000 fine. IF you have 200 or more and less than 400 grams, you are facing 7 years minimum in prison with a $100,000 fine. If you have 400 grams and less than 150 kilograms, you are facing 15 yeas and a $250,000 fine. These minimums apply to "trafficking amounts" of cocaine.

When you hear the word "trafficking", you may think that the law only applies when you are selling the cocaine. Under Florida law, you don't have to sell drugs to traffic drugs. If you buy, manufacture, deliver, or simply possess it, that can be trafficking. In other words, trafficking drugs just means you possessed a large amount of drugs. Contact a Jacksonville cocaine attorney to discuss your rights if you have been arrested for a drug crime in Florida.

The federal government has issued a memo telling prosecutors not to prosecute medical marijuana users who follow their state's laws. Washington, Oregon, Nevada, California, Alaska, Hawaii, Michigan, Vermont, Maine, and Rhode Island are all states that allow marijuana use and growing for people with prescriptions. New Hampshire and Delaware are considering relaxing their pot laws as well. Even though these states allow pot use for medical reasons, the United States government still considers it illegal activity and can arrest these people on federal drug charges.

In Florida, it is against the law to possess, grow, and sell pot. Even though it is a non-violent crime, people are sent to prison because of this plant. If you are arrested on pot charges in Jacksonville, contact a Jacksonville Pot Attorney to discuss your rights.

The 2008 National Survey on Drug Use and Health has been released. This survey analyzes the drug and alcohol use of people in the United States 12 years-old or older. Here are some findings:

1. 20.1 million people reported using illegal drugs currently. Illegal drugs include pot, cocaine, heroin, acid, and illegal prescriptions.

2. Marijuana is the most popular drug, with just over 15 million people using it.

3. 1.9 million people use cocaine (crack or powder)

4. 6.2 million people took pills, such as Xanax or Oxycontin, without a prescription.

5. Meth users decreased to 314,000 people.

While possession of all of these drugs is illegal in Florida, there are different levels of crimes you can be arrested for. Possessing less than 20 grams of pot in Jacksonville is a first degree misdemeanor, but is you possess more, that is a felony. If you possess enough pot, you can even be charged with trafficking.

If you possess any amount of any of the other illegal drugs, you can be arrested for a felony in Jacksonville. If you are arrested on drug charges in Jacksonville or anywhere in Florida, consult a Drug Lawyer in Jacksonville if you have any questions.

It is illegal in Florida to possess certain pills, such as Oxyconin and Xanax without a prescription. If you are arrested for possession of a controlled substance without a prescription in Jacksonville, you are facing a third degree felony punishable for up to 5 years in prison. Even if JSO finds one pill in your wallet or on your car seat, you can be charged with this drug crime in Jacksonville.

According to the National Survey on Drug Use and Health, the number of Americans who use illegal prescription drugs is down. In 2008, 2.5% of people in the United States said they abuse prescription medications. This is down from 2.8% in 2007.

If you are arrested for possessing a drug without a prescription in Jacksonville or anywhere in Florida, consult with an experienced Jacksonville Drug Law Firm. A criminal defense lawyer can explain your rights and examine the search that led to the discovery of the pills.

Marijuana growers are farming their product more and more in American forests according to the U.S. Forest Service. Law enforcement have found pot grows in 61 national forests in 16 states so far this year. The states are Virginia, North and South Carolina, Georgia, Alabama, Tennessee, Michigan, Wisconsin, Colorado, Arizona, Nevada, Utah, Idaho, Washington, Oregon, and California. The forest service destroyed over 2.5 million marijuana plants this year so far.

In Jacksonville, you can be arrested for trafficking in marijuana if you possess over 25 pounds of pot or 300 or more marijuana plants. A Jacksonville Marijuana Attorney can tell you more about the drug charges in Jacksonville.

It is very common for JSO to use confidential informants (referred to as CI's) in drug cases in Jacksonville. The police will convince someone to "work" for them. The person usually has pending criminal charges and wants to reduce their time. Police have the CI set up a drug deal and then then use their testimony to arrest someone on drug charges in Jacksonville.

After a drug arrest based on a CI's cooperation, the prosecutor can keep their identity secret from the Jacksonville Drug Lawyer. The privilege to keep the CI's identity confidential is a limited one.

The Jacksonville Attorney has to show that the informant's identity is relevant to a specific defense he or she wants to assert or show that the testimony of the informant is essential to the fair determination of the guilt or innocence of the client.

As Jacksonville Criminal Defense Lawyers, we have seen thousands of arrest and booking reports in drug possession cases. Many times, people are arrested in a car after JSO pulls the car over for a traffic infraction. After making contact with the driver, police often say they smell marijuana in the car and that justifies their search of the car. If the drugs are not found on any of the passengers or driver, but are found in the car, "constructive" possession of drugs comes into play.

In order to establish constructive possession in Jacksonville, the prosecutor has to prove that you knew of the presence of the drugs and had the ability to exercise control over the drugs. If the drugs are found in the console or glove compartment, the prosecutor has to show independent proof of your knowledge of the drugs and your ability to control the drugs.

Former Jacksonville Jaguar, Jimmy Smith, has entered a no contest plea to DUI and Possession of Marijuana in Jacksonville. Smith was sentenced to 12 months probation to perform the standard first DUI minimum conditions. They are:

50 hours of community service
DUI School Level 1
Attend and Complete the Victim Impact Panel
180 day driver's license revocation
10 day motor vehicle impound
Pay a fine

Smith was also arrested, after the DUI arrest, for possession of crack, pot, and drug paraphernalia in Jacksonville as well as driving on a suspended license. Those criminal charges are still pending in Jacksonville.

If you have been arrested in Jacksonville, call our Jacksonville Criminal Defense Attorneys at (904) 634-0900. Our Jacksonville Drug Law Firm is available 24 hours a day.

If you deliver drugs to a child and are arrested in Florida, you could be facing 30 years in prison. In order to commit the crime of Delivery to or Use of a Minor, you must:

1. Deliver, or transfer, the illegal drug to someone under 18 years-old.

2. The substance has to be a controlled substance.

3. You were an adult at the time.

Drug crimes are complex and you need a serious Jacksonville Drug Lawyer to protect your rights. Call our Jacksonville Drug Law Firm today for a free consultation at (904) 634-0900.

In Jacksonville, if you are arrested for possessing or selling drugs in certain places, the penalties you face could be higher. In Florida, you could be facing more prison time if you have drugs within 1000 feet of:

A child care facility

Any elementary, middle, secondary school between 6:00 a.m. and midnight

A public housing facility

A college

A park

A church

A convenience store

If you have pending drug charges in Jacksonville, call our Jacksonville Drug Attorneys at (904) 634-0900. Our Drug Law Firm in Jacksonville is available 24 hours a day for a free consultation.

We have all heard of "trafficking" in drugs, but what does that really mean? When we hear trafficking, we think you have to be selling drugs or moving them in some way.

In order to be arrested for trafficking in drugs in Jacksonville or anywhere in Florida, you don't have to traffic at all. You just have to be in possession of the drugs and the drugs possessed have to be over a certain amount. The drug can be anything illegal, such as marijuana, oxycodone, hydrocodone, heroine, morphine, cocaine, and crack. The prosecution must prove you had the drugs on you or in your reach and control.

If you have been arrested for trafficking in Jacksonville, call our Jacksonville Drug Attorneys at (904) 634-0900. Our Trafficking Defense Lawyers are available 24 hours a day for a free consultation.