Category Archives: Drug Crimes
Four People Arrested In Drug Bust In Orlando
According to a report from Florida Politics, four people were arrested during a drug bust in Orlando. Notably, the arrest happened at the home of Jane Healy, a former co-chair of a local Tourist Development Tax Advisory Committee. Her son, Randall Healy Clark, was arrested and charged with multiple drug offenses, including the trafficking… Read More »
Florida Man Arrested, Charged With Selling Fentanyl Disguised As Prescription Drug
According to a report from ClickOrlando, a man in Central Florida has been arrested and charged with selling fentanyl that was disguised as a prescription drug. Jaquan Jones McCrary, 26 of Orange County, is facing felony criminal charges. Here, our Orlando drug crimes defense attorney provides an overview of fentanyl charges in Florida. Florida… Read More »
Florida Drug Charges: Possession With Intent To Sell, Manufacture Or Deliver
All drug charges should be taken seriously. A conviction could cost your freedom. At the same time, not all drug charges are created equal. A trafficking, distribution, or manufacturing charge is generally a lot more severe than a simple possession charge. However, possession could be charged as a “trafficking” offense on the grounds of… Read More »
The Law On Marijuana Possession In Florida: A Guide For 2023
The marijuana (cannabis) laws in the United States have been in a state of flux over the last decade. If you are unsure of what you are—and are not—allowed to do, you are not alone. As reported by MJBizDaily, approximately half of states have legalized the recreational use of marijuana. Even more states have… Read More »
An Overview Of Methamphetamine (Meth) Possession Charges In Florida
Methamphetamine (meth) is a powerful and addictive stimulant. It is considered to be a drug of abuse under federal law and state law. A person who is discovered in unlawful possession of meth in Florida could face a serious felony charge that is punishable by significant prison time. In this blog post, our Orlando… Read More »
Sheriff’s Offices Announces Major Drug Bust In Flagler County
According to a report from ClickOrlando, thirteen people have been arrested as part of a large-scale drug bust in Flagler County. A representative of the Flagler County Sheriff’s Office told reporters that 28,000 grams of illegal narcotics, including fentanyl, were recovered. Sheriff Rick Staly called it enough fentanyl “to kill the entire population of… Read More »
Can A Rap Music Video Be Used As Evidence Against A Criminal Defendant?
In a criminal case, the government is not supposed to put your character on trial. That is why there are certain rules of evidence that restrict the introduction of material that might “inflame” the jury and that otherwise has no “probative” value in determining whether or not a defendant committed the alleged crime. At… Read More »
How Federal “Habeas” Relief Can Affect Your Florida Criminal Trial
Most criminal cases are heard in state court. This means that if you are tried and convicted of a crime in a Florida state trial court, your only avenue for appeal is normally through the state’s appellate courts. It is possible to seek what is known as habeas relief from a federal court, but… Read More »
How Selling “Counterfeit” Illegal Drugs Can Still Get You Into Serious Trouble In Florida
You probably know that it is a crime to sell certain “controlled substances,” i.e., drugs. But under Florida law it is also a criminal offense to sell (or possess with intent to sell) a “counterfeit controlled substance.” Basically, if you are caught selling something that is labeled as a controlled substance but is not,… Read More »
What Is A “True Split” Sentence?
A Florida judge will often suspend a prison sentence in favor of a period of probation. In some cases, the judge will impose what is known as a “true split” sentence. Basically, this means that the judge imposes a specific prison sentence but suspends a part of it contingent on the defendant completing a… Read More »
What Is The “Independent Act” Defense?
Generally speaking, if two people conspire to commit a crime, they are both guilty of that crime, regardless of the specific role that each person may have played. But what if one person goes beyond the scope of the “agreement”? In other words, what if one conspirator decides to commit an additional crime that… Read More »
Does The U.S. Have Criminal Jurisdiction Over Boats In International Waters?
In most cases, U.S. criminal law does not apply to acts that occur outside of the United States. But in its efforts to curb the international drug trade, Congress adopted the Maritime Drug Law Enforcement Act. This Act effectively gives federal prosecutors extra-territorial jurisdiction to pursue foreign nationals in U.S. courts for alleged drug… Read More »
Entrapment As A Defense To Drug Charges
When the police improperly induce a defendant to commit a crime they would not have otherwise committed, that is considered entrapment. Under Florida law, both objective and subjective entrapment are possible affirmative defenses to a criminal charge. Objective entrapment focuses on egregious conduct by law enforcement. Subjective entrapment, in contrast, involves an assessment of… Read More »
Are Rap Videos Posted To YouTube Admissible As Evidence In A Drug Case?
Social media makes it easy for anyone to produce, distribute, and even monetize their creative talents. Of course, anything that you share with the world via the Internet can also be found by law enforcement. In some cases, “creative” prosecutors might even try and use a defendant’s online videos as evidence against them. But… Read More »
Do Prosecutors Need To Prove I Knew About The Specific Illegal Drugs That I Allegedly Possessed?
There are numerous federal and state laws that prohibit the possession of certain drugs. The federal statute states it is unlawful to “knowingly or intentionally” possess with intent to “manufacture, distribute, or dispense, a controlled substance.” The phrase controlled substance refers to a drug listed in one of five categories (or “schedules”) as having… Read More »
Can The Police Legally Track Your Car Using GPS Devices?
GPS and related technologies have made it much easier to track the location of people and objects at all times. Indeed, Apple recently made a big splash when it released its “Air Tags,” which are small tracking devices a user can attach to their key chain, suitcase, or any other item they want to… Read More »
Can I Ask to Move My Criminal Trial Due to Negative Media Coverage?
Every criminal defendant has the right to a trial by an impartial jury. “Impartial” basically means that the jurors have not already made up their mind about the case before the trial even starts. For this reason, it is important to screen out any potential jurors who may have learned about the case from… Read More »
How the First Step Act Can Help People Serving Life Sentences for Drug Crimes
In 2018, Congress enacted the First Step Act, a series of reforms to the federal criminal justice system. One such reform was to change the mandatory minimum sentences for individuals previously convicted of certain drug offenses. In some cases, this means a person who received a mandatory life sentence can now ask for re-sentencing… Read More »
The Legal Status of Entheogens in Florida
Entheogens are plants or mushrooms used in traditional religious ceremonies to induce a trance state and spiritual visions. Many entheogenic species, and the psychoactive chemical compounds they contain, are categorized as controlled substances, so that the criminal penalties for possessing or distributing them are the same as if the substance had been cocaine, heroin,… Read More »
Synthetic Marijuana Case Involving Split Fault Between Defendant & Manufacturer Goes to Florida Supreme Court
The Florida Supreme Court could soon hear an interesting case that involves criminal charges related to drug and homicide charges, as well as product liability issues, and how they overlap in terms of determining fault in cases where defendants were under the influence of a substance. There is no question that the outcome could… Read More »
Florida House Passes THC Limit for Medical Marijuana, While Veterans & Senate Express Concerns
In spite of the fact that Florida voters broadly legalized medical marijuana via a constitutional amendment in 2016, in March, the Florida House signed off on a plan that would cap the amount of THC in medical marijuana for anyone under the age of 21 via a voice vote, putting in place a 10… Read More »
Congress Takes Steps to Decriminalize Marijuana at Federal Level: What is the Status in Florida?
We’ve previously discussed efforts in Florida to decriminalize the possession of marijuana. While this could someday completely alter state prosecution of marijuana-related crimes, without decriminalization also occurring at the federal level, there is always the threat of federal prosecution for marijuana-related crimes. However, in mid-November, reports announced that a federal congressional committee plans to… Read More »
Florida Moves Towards Decriminalizing Possession of Marijuana, Regardless of Intended Use
Legislation was recently filed in Florida to decriminalize the possession of certain amounts of marijuana. Specifically, the bill would reduce criminal penalties for possessing 20 grams or less and/or products containing 600 mg or less of THC and any juveniles arrested for possessing these amounts would be eligible for a civil citation and diversion… Read More »
Will Florida Finally Decriminalize Recreational Marijuana?
Now that medical marijuana dispensaries are becoming almost commonplace in Florida, a number of people have turned their sights towards constitutional amendments to decriminalize recreational marijuana on the 2020 ballot. Like national trends, the majority of Florida voters have indicated that they would support a ballot measure legalizing (decriminalizing) recreational marijuana. In order to… Read More »
Florida Appellate Court Finds That State’s Restrictions On Medical Marijuana Businesses Are Unconstitutional
On July 9, a Florida appellate court issued a ruling holding that the state’s regulatory system set up for medical marijuana limiting which businesses were allowed to process and sell the substance was unconstitutional and inconsistent with Amendment 2, which passed years ago and legalized medical marijuana. Specifically, first District Court of Appeal held… Read More »
