Broward Prosecutors Attempt Another Round With Probation Violator’s Spice Case

Jacksonville’s citizens have addictions. Some can be as simple as fantasy football or video games. However, when that addiction’s ability to be fed changes in legality without one’s knowledge, one is heading into a danger zone without even knowing. However, if one obtains an experienced attorney to fight the case, one will have the best defense possible and can be sure that one will have the best defense possible that will allow one to move on and have a better drug-free life.

According to the Sun Sentinel, Jimmy Hewitt of Broward County has to return for a new court date to determine whether he is guilty of violation of probation for use of synthetic marijuana, commonly known as Spice. Hewitt told authorities that he thought because Spice can be bought legally in gas stations and convenience stores, that use of the hallucinating substance would not violate his probation. However, prosecutors disagree. Hewitt’s attorney is demanding proof that the compounds found in Hewitt’s drug test were in fact that the drugs that were on the list of compounds banned by state and federal law. imagesspicepack.jpg

Jacksonville drug crimes, particular cases involving juveniles, are cases of peer pressure. This peer pressure may arise from societal influences or from local influences, but not matter where it originates, the consequences of it can be dire for many of Florida’s adolescents. These addictions have some of the worst affects, particularly when the user’s original drug of choice does not suffice.

Synthetic Marijuana, also known as Serenity Now, Spice, K2, Red Magic, Black Mamba, Mr. Sticky and other names, was typically sold over the counter in incense form. The packaging of this substance is labeled “Not for human consumption”, however, as most know, teenagers do not always follow warning labels. This substance causes hallucinations, increased anxiety, and according to some doctors, psychosis. People smoke spice many times because they are able to pass a drug test while using the substance.

This substance was added to the list of controlled substances last year, as its effects over a long period of time can cause major damage to the liver, heart, and other areas of the body. The State is attempting to diminish the growing use of this drug before it becomes as wide spread as other common drugs such as marijuana or cocaine.

Spice is a felony with just 3 grams for a felony in florida. Our office has represented people who have committed other crimes while under the effects of spice. They had no idea of the chemical content of what they had ingested. Regular marijuana requires 20 grams for a felony charge or only one plant for a cultivation charge.

In this case, Hewitt was also charged with violation of his probation for smoking the substance. However, Hewitt did not know that his conduct was illegal. The rule for violations of probation is that the violation must be “willful and substantial.” The defendant may not have broken the law; however, usually a general condition of probation is either the entire prohibition of intoxicants, or the limited use of intoxicants. Whether this condition will be a part of the conditions of probation is up to “the conscience of the court.” At the time that he bought the substance, it was a legal substance that could be purchased at gas stations and convenience stores, suggesting no possible illegal conduct by buying the substance. An experienced drug crimes defense attorney could argue that because of his lack of knowledge, the Court should consider his probation not violated.

If one or one’s loved one has been accused of using this drug, one should obtain an experienced Jacksonville drug crimes attorney to fight the case. One is already suffering from the harmful effects of drug use; one should not suffer at the hands of the legal system as well. An experienced attorney can bring to light one’s struggle with addiction. One needs a help up, not a lock down.


The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.

Additional Source:, Synthetic pot poses serious dangers, experts say, Susannah Bryan, Sun Sentinel