Articles Posted in Drugs

The saying goes that one man’s trash is the next man’s treasure, basically meaning that we all place different value on material goods. But in the case of a South Florida defense attorney, it’s more likely to refer to the fact that you’re literal trash may be the treasure of a prosecutor seeking to put you behind bars. South Florida defense attorney

With the proliferation of DNA evidence as key to prosecutions, digging through a suspect’s trash has become a growing source of evidence for many state and federal attorneys. Generally speaking, unlike the contents of your home or even a DNA test of your own bodily fluids, once your trash is carried to the garbage for disposal, it becomes fair game for law enforcement authorities to access – without a warrant. As established in the 1978 federal case of U.S. v. Crowell by the U.S. Court of Appeals for the Fourth Circuit, you have no reasonable expectation of privacy per the Fourth Amendment for the garbage you place outside for collection. In fact, so-called “trash pulls” have become a veritable treasure trove for some narcotics units in Florida. In some cases, it even becomes the basis for securing a search warrant on your actual home.

However, it’s not unheard of for police agencies to get too hasty in their quest to gather evidence sufficient for probable cause to secure a warrant to fail to obtain adequate evidence prior to requesting that warrant. For example, simply finding cocaine residue or marijuana seeds in the bottom of a trash bin may in fact be insufficient, thus leading to an affidavit that is deficient for the warrant that is ultimately signed. Based on the fruit of the poisonous tree doctrine, that could mean everything that is found thereafter is inadmissible (if your criminal defense lawyer files a motion to suppress) – and may result in an entire case being tossed.  Continue reading

Florida has allowed possession and sale of marijuana for medicinal purposes since 2014 per the Compassionate Use Act, with expanded qualifying conditions effective in 2017, per the passage of Amendment 2. Miami marijuana defense attorneys at The Ansara Law Firm know many communities, including Broward and Miami-Dade, “decriminalized” the possession of small amounts of marijuana, though departments do still have discretion to issue citations and, in some cases, make arrests.criminal defense attorney

What impact, if any, do Florida’s medical marijuana laws have on vehicle searches predicated on the distinct smell of the drug?

In one case following a Miami marijuana arrest, a man is asserting a novel defense: A motion to suppress evidence found when police searched his truck and discovered a stash of marijuana based on violation of constitutional right against unlawful search and seizure. The Miami Herald reports the argument hinges on the state’s legalization of marijuana for medicinal purposes, which the attorney says means the odor of marijuana in and of itself is no longer cause for reasonable suspicion of a crime, which would otherwise be the foundation for a lawful search. Continue reading

Florida has allowed medicinal marijuana since the Compassionate Use Act of 2014, expanded effective in 2017. The law allows those with certain medical conditions to secure a doctor’s recommendation for a prescription and purchase certain cannabis extracts, so long as it’s not smoked. Although this is in conflict with the U.S. Controlled Substances Act, the 2018 Farm Bill did effectively legalize hemp (produced from the cannabis plant but with no more than 0.3 percent THC), which in turn should have legalized most CBD products. However, there are some significant restrictions, as can be explained by our Fort Lauderdale criminal defense attorneys and further detailed by researchers at The Brookings Institutemarijuana defense lawyer

For instance, any CBD that contains more than 0.3 percent THC (the element in marijuana with psychoactive effects) would be considered non-hemp cannabis, thus having no protection under federal law. Secondly, the Farm Bill allotted for significant shared federal and state regulatory power over hemp production and cultivation. For example, state departments of agriculture and chief law enforcement agencies are responsible for devising a plan for regulation and enforcement of hemp cultivation. Those plans must be submitted to the USDA, and state licensing can only commence once the USDA has granted approval. In states opting not to map their own regulatory plans, the USDA will draft a regulatory program with federal oversight. So essentially, hemp – and thus CBD – are legalized under the Farm Bill, but only if they meet certain criteria; you can’t grow or sell or buy these products the way you can basil or tomatoes.

But confusion persists across the state, with Florida Today reporting small-time vendors are finding themselves facing felony marijuana trafficking charges in Florida for something they thought was legal. For example, a 64-year-old in Melbourne, FL who operates a medical hemp business out of a flea market was targeted by authorities who suspect him of selling illegal cannabis products, tens of thousands of dollars of which they seized in a raid just before the holidays. Those included lollipops and other edibles as well as oils. He has not yet been charged, but authorities have reportedly told him to expect felony charges. The case underscores the fact that what is legal and what is isn’t is somewhat obscured when it comes to hemp/CBD.  Continue reading

Is a sniff a search? It seems that may be a constitutional question for the U.S. Supreme Court. Justices are considering whether to grant review in the case of Edstrom v. Minnesota. The case, as our Fort Lauderdale criminal defense attorneys understand it, turns on the issue of whether trained narcotics-sniffing dogs can lawfully be brought to a person’s door to sniff for drugs or whether this requires police to first obtain a warrant. Fort Lauderdale criminal defense lawyer

The Minnesota Supreme Court held that police do not need a warrant to walk the dog to one’s front door and see if it passes the sniff test. We have no way of knowing which way the U.S. Supreme Court is likely to swing, especially since Justice Stephen Breyer stepped down and has been replaced by Justice Brett Kavanaugh.

In several previous cases the court has considered that involved drug-sniffing dogs, the court has generally come down on the side of law enforcement – but one Florida case seemed to flip the script. Continue reading

Two years ago, Floridians overwhelmingly approved a ballot measure to legalize marijuana for medicinal purposes, and since then, more than 1000,000 prescriptions for the drug have been written. And yet, Miami drug crime defense lawyers know arrests for recreational use and possession have been soaring statewide. South Florida marijuana defense lawyer

In Sarasota county, for instance, Sarasota Magazine reports arrests for recreational use of the drug shot up by 35 percent in 2017 compared to 2010. Marijuana arrests rates this year suggest the trend is continuing on an upward swing. The county sheriff insists those figures are misleading because marijuana in most cases was a secondary offense, meaning those individuals weren’t directly targeted for recreational marijuana use. There is some evidence to dispute this. But while some areas such as Broward and Miami-Dade have made it more of a civil infraction than a criminal offense, police still have a wide amount of discretion when deciding whether to make an arrest or issue a ticket or warning. Some expect it could take another decade or more before Florida legalizes recreational marijuana.

In the meantime, a first-time arrest for possession of marijuana won’t lead to a criminal conviction, but defendants often are required to go through a diversion program that can cost hundreds of dollars in fines and other costs, probation, substance abuse counseling and community service. Continue reading

There are many scenarios wherein panicked people “toss the drugs” – when they are being chased by police, when law enforcement is at their door, when they fear they are about to be searched. What we are obliged to inform you as criminal defense attorneys is that if you make any attempt to tamper with evidence under Florida law (which is essentially what “tossing the drugs” is in these scenarios), you would be facing a third-degree felony charge (up to five years in prison) for this alone, per F.S. 918.13.drug possession defense Florida

It really is often a bad idea, and you’ll likely never hear an ethical Broward criminal defense attorney give you the green light to “toss the drugs,” – whether for yourself or a loved one.

However, the outcome of a 1999 case of Stanton v. State, wherein a conviction for cocaine possession was overturned, is worth a mention in this context.  Continue reading

It’s been nearly 1.5 years since the City of Miami signed off on an agreement to allow police to issue civil citations for minor misdemeanors like marijuana possession rather than making arrests. Now, The Miami New Times reports the city police chief will be allowing his officers to actually do so.marijuana arrest defense

This delay in implementing the policy has meant that thousands of people – 2,800 – facing minor charges were arrested – and face a permanent criminal record – rather than simply receiving civil citation. Approximately 85 percent of those were for marijuana possession. One of the charges in question – illegally possessing a milk crate – was filed almost exclusively against the homeless.

City Commissioner Ken Russell has been pushing for the city to issue civil citations for some time now, and was reportedly surprised to find the police had yet to put the policy into practice, saying, “I assumed that it had been enacted.” He was anticipating a report on how the first year of it had gone. The former police chief retired earlier this year, and the new police chief said he could not account for why the program was not put into effect previously. He did say that once he took over, it took several months to train police officers on how the new procedures would work. Plus, the department also had to set up an account with the county so those civil citations could be paid, order the paperwork books on which citations would be issued, write the policy and create a radio signal for the violation. Continue reading

You may be aware that sealing and expungement is available for certain first-time offenders convicted and adjudicated guilty. Did you also know it’s important for those found NOT guilty to seal and expunge their records too? criminal defense attorney

This specifically involves cases where a defendant reaches a plea deal that involves a judge withholding adjudication, meaning the defendant isn’t formally convicted. However, the arrest will still pop up on a Florida criminal background check, which all but eliminates whatever benefit might have been derived from avoiding conviction in the first place. Florida law – specifically F.S. 943.053 – makes adult criminal history records public (with special restrictions for access) unless those records have been sealed or expunged. This encompasses not just your conviction and/ or case disposition, but your original arrest and charges. That’s why it’s so important after a case outcome wherein adjudication was withheld to determine whether you qualify for expungement or sealing of your record. The benefit of this is you can legally deny/ fail to acknowledge an arrest covered by that record (with exception for those seeking a change in immigration status or certain types of jobs, such as with a law enforcement agency or the Department of Children and Families).

The Fort Lauderdale criminal defense attorney team at The Ansara Law Firm can help you with both. It can be a somewhat confusing process, but markedly less so when you hire a lawyer to help you navigate it. (Note that Florida allows for automatic expungement of certain juvenile records when the minor reaches age 21, though you’ll want to check with an attorney to be certain and determine if other action must be taken.)  Continue reading

Marijuana became legal in Florida for limited medicinal purposes last year, and a number of communities have been decriminalizing possession (or at least giving law enforcement discretion in whether to arrest or issue a civil citation). However, there are strict limitations on how far these laws go, and they won’t necessarily protect you from drug trafficking charges. marijuana criminal defense

You will need to speak with an experienced Fort Lauderdale criminal defense lawyer to determine what legal strategy will result in the best possible outcome in your case. Decline to give a statement to law enforcement until you have done so.  Continue reading

A South Florida physician was recently convicted in the opioid overdose of a 34-year-old woman, with a jury finding him guilty of charges that included conspiracy to possess with intent to distribute furanylfentanyl resulting in death. Prosecutors alleged the orthopedic surgeon was the source of counterfeit oxycodone pills distributed across South Florida. He’s facing up to life in prison. Florida drug trafficking defense attorney

Prosecuting doctors and other health care providers criminally for the overdose deaths of patients is one of the ways law enforcement and prosecutors are taking a hard line against accused drug offenders. In one study analyzing the U.S. Drug Enforcement Administration’s data presented in its Cases Against Doctors report, Florida ranked No. 5 nationally for the most physician arrests (4.3 per 10,000 doctors) and the same for overdose deaths (23.7 per 100,000). More than 70 percent of these doctor drug arrests in Florida involved opioids, including oxycodone and hydrocodone. Alprazolam (also known as Xanax) accounted for 11 percent. Opioids were also cited in 40 percent of fatal drug overdoses nationally in the last two years.

The priorities of drug enforcement in Florida have shifted, from illicit drugs like marijuana, cocaine and heroin to illegal distribution of controlled medications. This isn’t to say law enforcement won’t arrest still arrest you for possession of marijuana, but our Fort Lauderdale drug arrest attorneys know far more resources have been dedicated in recent years to these deadlier drugs, identified by public health officials as an epidemic.  Continue reading

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