Articles Tagged with drug defense lawyer

A new Florida law signed by Governor Rick Scott takes aim at opioid trafficking and possession, imposing harsher penalties for those convicted of dealing and using pills, heroin, fentanyl and more. The measure, House Bill 477, enacts new mandatory minimum sentences for opioid users and dealers and establishes new bans on trafficking drugs that include synthetic marijuana and fentanyl.drug defense lawyer

The new law sets mandatory minimum sentences for convicted dealers, which will force judges to lock away drug offenders for extended periods of time with little opportunity for discretion.

All this is despite the growing realization that “tough-on-crime” drug laws simply do not work, and disproportionately affect poverty-stricken and minority communities. Meanwhile, the state will receive $27 million in federal grant money to help pay for its enforcement.  Continue reading

After decades, it seemed there was finally a general bipartisan consensus – even if unspoken by some – that the so-called, “War on Drugs” was a failed one. Formally kicked off and coined in 1971 by President Nixon, it began with a primary focus on drug addiction treatment. However, it morphed over the next decade with the Reagan’s, “Just Say No” campaign to one of heavy-handed enforcement, including harsh minimum mandatory penalties on even low-level, non-violent drug offenders. pass it

But there was a recognition over time that this hyped enforcement did little to curb drug use, didn’t make communities safer and actually had a disproportionate impact on lower income and minority communities. In the last decade, there has been a reversing trend that once again focuses on treatment and has peeled back some of the tougher penalties for low-level drug crimes. Marijuana is now legal in most states (including Florida) for medicinal purposes and in a handful of states for recreational use and sales.

However, some are concerned that new U.S. Attorney General Jeffrey Sessions may be preparing to crack down once more. Sessions has a long history of disdain for drug use and drug users. Still, some thought it unlikely he would return to policies that had proven unpopular and ineffective. Still, some of his recent comments seem to indicate he may not back down. Continue reading

Marijuana laws are rapidly evolving around the state – including here in Florida, where voters agreed to widen access to medicinal pot. At the same time, four other states were added to the list of those that now allow recreational marijuana use (bringing the total to eight). studentunion

But while the state marijuana laws in this country vary wildly, there are two things you should know that apply everywhere:

  • Marijuana is illegal under federal law.
  • Most college campuses still do not allow it.

Take, for example, University of Massachusetts-Amherst. A spokesman for the university recently told USA Today that while marijuana was legalized statewide for adults to possess, sell and use for recreation, it’s still not allowed on campus. Because it’s illegal at the federal level, it’s barred on campus and considered a violation of student code, similar to possession of alcohol.  Continue reading

In criminal cases, scientific evidence is given a significant amount of weight, whether that is DNA evidence or proof of that a certain substance is in fact illegal. However, as we’ve seen in a number of instances across the country in recent years, that evidence is not infallible. One of the most infamous cases of this was that of a chemist in Massachusetts, who reportedly admitted to manipulating drug test results in order to give prosecutors a leg up. She is believed to have been involved in more than 20,000 drug cases in the course of her 8.5 years working with the state crime lab (from which she was later fired).powder

Now, the question is what to do about all those potentially tainted convictions, many of which were secured using the test results of that chemist. Recently, more than 4.5 years after the chemist confessed, the Massachusetts Supreme Judicial Court has called on prosecutors to reverse potentially thousands of those.

Perhaps unsurprisingly, prosecutors have been reluctant throughout this process to reverse convictions where the chemist’s work played a role. In one instance, prosecutors argued they didn’t have any obligation to let those convicted know of their possible innocence in the court’s eyes. Incredibly, one prosecutor even opined that many of the defendants were probably too poor or else too tied up with issues that were more pressing, such as addiction or mental illness, to have any real desire to address these cases. But the state’s highest court isn’t buying that. Continue reading

Drug trafficking is a serious offense in Florida, and it can lead to decades behind bars for those convicted. The failed War on Drugs for years pushed this arcane agenda that often led to even low-level offenders serving many years in prison. Today, even as some of those minimum mandatory penalties for possession have been rolled back, dealers of illicit drugs still face hefty punishment. Additionally, as addiction to heroin and prescription opioids has become epidemic nationally, prosecutors are increasingly looking to hold responsible doctors and dealers for fatal overdoses. That can mean a possible life sentence for simply writing a prescription or a single, low-level drug deal. needle

That’s what happened recently in Palm Beach County, where a federal jury sentenced a 25-year-old man to 30 years in prison for supplying a 23-year-old man the dose of fentanyl on which he later fatally overdosed. In what is believed to be the first federal prosecution of its kind, The Sun Sentinel reported jurors found the defendant, Christopher Massena, criminally liable for the death of the other young man.

In this case, the fentanyl sold to the decedent was reportedly 50 to 100 times more powerful than the heroin the victim believed he was buying. This, alleged prosecutors, displayed a “total disregard for human life,” warranting the three-decade sentence. The U.S. District Judge additionally ordered the defendant to serve three years of supervised probation upon his release and to pay restitution to the victim’s parents in the amount of $5,000.  Continue reading

Two stolen prescription pads. That’s all authorities say was needed to forge 140 prescriptions for approximately 17,250 doses of powerful prescription drugs, which were then resold on the streets of South Florida, likely for tens if not hundreds of thousands of dollars.

Prescription bottles used to store medicine

Authorities allege the group operated in Boynton Beach throughout 2015. The U.S. Drug Enforcement Administration (DEA) has filed hundreds of charges in the case – including 112 counts against a single 29-year-old woman from Pompano Beach. She and another woman, 25, of Lake Worth were medical assistants at Bethesda Health who allegedly stole the prescription pads from the office of Dr. Edyta Mularczyk, an internist in Boynton Beach. Investigators are accusing them and four others – ages 52 to 62 – of drug trafficking and RICO conspiracy charges. Warrants have been issued for four other individuals, including three from Fort Lauderdale. (Two of those already arrested are from Fort Lauderdale as well.)

It is alleged the group wrote prescriptions for drugs such as oxycodone and morphine, and then sold those drugs on the black market. Warrants for their arrest say the missing prescription pads was the first red flag, though it’s not clear if that was initially reported to police. What staffers began to notice, however, was that the number of prescriptions filled by certain patients aroused suspicions. For example, in one case, a single patient filled 19 prescriptions for powerful pain medications over the course of just a few months.  Continue reading

A man arrested for possession of ecstasy in Fort Lauderdale in 2013 has won $30,000 from the city after the nine pills with yellow hearts stamps reportedly turned out to be aspirin.pills12

The 37-year-old sued the city in civil court alleging false arrest, battery and unlawful search following a 2013. According to The Sun Sentinel, plaintiff in the case, Antonio Grant was a passenger in a vehicle that had been pulled over for expired tags.

He was allegedly handcuffed at gunpoint, ordered face-down on the asphalt and forcibly had his shorts searched. The officer also reportedly searched his rectum digitally to look for drugs. Officers did find nine pills, but testing proved the substance was actually generic aspirin.  Continue reading