Florida Criminal Lawyer Blog

The U.S. Supreme Court is slated to hear a Miami case and decide whether police drug-sniffing dogs can be used to lead to searches even without evidence of criminal conduct.

This is a major Fourth Amendment issue that our Fort Lauderdale criminal defense attorneys will be following closely. Fort Lauderdale drug cases are serious crimes and the evidence that police attempt to bring into a case must be thoroughly scrutinized.

In a Florida court case that will affect all future and possibly past defendants, the nation's high court will now make a determination about whether this police tool violates citizen's Fourth Amendment right against unreasonable searches and seizures.

This case started in Miami, where police got a tip that a house was being used for growing marijuana. They took a drug-sniffing dog to the house and the dog sat down, which it is trained to do when it smells drugs. Based on that information, police obtained a search warrant and found 179 marijuana plants inside the house.

This is a real subjective law enforcement tool. Dogs recently hit on Snoop Dogg's tour bus in Texas. The man has spent a decade talking about the benefits of marijuana and has a medical marijuana card in California. A fish swimming in an aquarium could have "hit" on his tour bus.

It can be little more than an excuse for law enforcement to go on a fishing expedition.

In this case on appeal, the Florida Supreme Court threw out the evidence, stating that they were unwilling to allow dog sniff tests unless police had probable cause of criminal activity ahead of time. The U.S. Supreme Court, however, agreed to listen to the case after Florida prosecutors argued that a dog sniffing for drugs shouldn't be classified as a "search."

Eighteen states have backed Florida prosecutors' appeal, stating that drug dogs are an important tool for police fighting drug crimes in Fort Lauderdale and elsewhere. The high court typically sides with police in search cases, though not always.

Justices will hear argument on the case in April and have said they will make a ruling on drug-sniffing dogs by June. The case is Florida v. Jardines.

Any case that goes before the U.S. Supreme Court is going to have major implications on people everywhere. Simply because it is a case stemming from Florida doesn't mean that it will affect only Florida law enforcement agencies. It will affect every police agency and citizen.

This case is interesting because it goes to the root of our very rights as citizens. The Fourth Amendment was written so that police couldn't simply break into a person's house, without justification, and look for a reason to arrest a person. That is a terrifying thought. Apparently law enforcement thinks its okay to do so as long as they are with a dog?

People have the right not to have that happen, under any circumstances. The interesting thing about this case is that it deals with the tactics police use to obtain a search warrant from a judge. It also could affect the future of the use of drug-sniffing dogs, not only by police, but also bomb-sniffing dogs at airports and other venues.

The Florida Supreme Court was willing to uphold citizens' rights, preventing them from being searched by police officers who don't have any clear evidence. But it remains to be seen what the U.S. Supreme Court does. These justices tend to side with police, but how can they allow officers to have little or no evidence before busting into people's homes?

Continue reading "South Florida Drug-Sniffing Dog Case Goes to U.S. Supreme Court" »

A recent court case out of Georgia shows that immigration status must be taken into consideration by an experienced Fort Lauderdale criminal defense lawyer.

Past court cases have revealed that defendants -- whether they are legal citizens or not -- must be told about the consequences of entering into a plea deal regarding their immigration status. It's often assumed that going to trial and losing could subject someone to deportation. But every time a plea agreement is reached, defendants are read these warnings.

The case of Moncrieffe v. Holder, Jr. shows us that this is an important issue, even in a seemingly minor West Palm Beach drug case.

In the Moncrieffe case, the defendant entered the country as a permanent resident in 1984 when he was 3 years old. In 2008, he pled guilty to a charge of possession of marijuana with intent to distribute under Georgia law. He was sentenced to five years probation after entering his guilty plea.

After his conviction, the Department of Homeland Security charged him with being removable from the country, according to court records. At an immigration hearing, a copy of the conviction was produced. He appealed the ruling, hoping that an appeals court would overturn.

On appeal, he argued that the Georgia crime shouldn't be considered an "aggravated felony" under federal law that enables a person to be removed for immigration reasons. He argued that under Georgia law, acts are punished as equivalent to a misdemeanor as related to the Controlled Substances Act.

The document produced in immigration court didn't show how much marijuana the man possessed at the time he was arrested. Moncrieffe said that because the government wasn't able to prove he had more than a small amount of marijuana, the conviction should be considered a federal misdemeanor.

The appeals court admitted that other courts are split on how to handle such cases. Courts in the Northeast have considered cases where they don't know how much of a drug there is to be misdemeanors. Other courts have ruled that it doesn't matter and they should be considered felonies under federal law that allow for deportation.

This court looked at the facts and ruled that this case should be considered a "drug trafficking crime" and an "aggravated felony." Because the man didn't prove how much marijuana was involved, the court wouldn't be swayed that it should consider the charge a misdemeanor for immigration purposes.

This is the opposite situation that would happen in a criminal case. Defendants have the right not to say anything or present a defense, whereas the prosecution has the great burden of proving the charges beyond all reasonable doubt.

But a defendant who is an immigrant has more on the line than a defendant who is a citizen. They could face deportation, which is why fighting the charges are so important. Whether a minor drug charge, a theft charge or an assault or battery, the charges must be taken seriously.

Continue reading "Immigration Woes Can Stem From Even Minor West Palm Beach Drug Crimes, Moncrieffe v. Holder, Jr. Shows" »

The criminal justice typically isn't forgiving. Let's face it: The court system It is designed to punish -- not really help -- those who are convicted of a crime.

But in Broward County drug cases, the system is a little different. There are opportunities for people charged with drug offenses to be handed help instead of a long sentence behind bars. And as Fort Lauderdale criminal defense lawyers know, Broward County's Drug Court is one area where the criminal justice system shines.

Many defendants charged with drug offenses are simply addicted to the drug and can't find a way to live without it. But instead of locking them up in a prison with violent offenders, it makes a lot of sense to try to help them get over their addiction through accountability, treatment and a support group. Many of these people have no other support or help offered to them. They may be addicted to drugs, and for some, it's likely they have no family or friends to reach out to them.

Most of them can't hold down a job because of the drug problem they have been arrested for. But the problem doesn't go away simply by putting someone in a jail cell. In fact, it's more expensive to house them long-term in a prison than to provide a way out.

The Sun Sentinel recently wrote about how Broward County Drug Court was turning 20 and still has maintained itself as a model for other programs regionally and statewide. Each year, 1,000 people graduate from drug court having met the requirements of group counseling for nine months, drug testing and other things to keep them clean. It costs $1,000 to put a person through drug court for the $24,000 it costs a person to be housed in jail for the same period.

The program started as a gamble with little money. Many defendants failed out of the program and were re-arrested. But officials pursued it and continued trying to make it work. Eventually, they made the necessary changes and it is a success.

Many people have gone through the program without a conviction for a drug offense, but with the tools to get out from a bad situation. This is one program that works and Fort Lauderdale criminal defense attorneys hope that officials can figure out other programs that can help up front rather than simply put people into a cell for years at a time.

The debate is ongoing about whether spending money on the upfront costs of treatment and job skills is more important than spending billions on jails and prisons. Many county jails in Florida have had ongoing expansions to keep up with the rise in inmates. But an alternative would be to invest some of that money into programs to help people improve their lives.

If convicts can learn skills, get education and improve themselves, then they will be less likely to resort to crime. It takes an investment and in many cases, the local community is all that is around to help.

Continue reading "Two Decades Later, Broward Drug Court a Shining Example of Helping Defendants" »

Three TSA agents -- including two who work at Palm Beach International Airport in West Palm Beach, Fla. -- have been arrested in connection with an alleged scam in which they took bribes and let people smuggle painkillers and cash, The New York Times reports.

Drug cases in West Palm Beach and throughout South Florida can take on extreme penalties, especially if federal prosecutors are involved. Drug cases can be charged either in state or federal court, usually depending on the severity of the allegations and the defendant's criminal record, if any.

Defendants facing these charges must be well-represented because the possible prison time can increase as prosecutors file more and more charges. That's why hiring a West Palm Beach Drug Defense Attorney with years of experience both as a prosecutor and as a criminal defense attorney can make a big difference.

According to The Times article, the Transportation Security Administration workers now face charges of conspiracy to distribute and to possess with intent to distribute oxycodone. The officers were among 20 people arrested following a five-month investigation, the newspaper reports.

The pills were carried from Florida -- known for its problem with prescription pill distribution -- and Connecticut. Two other officers -- a Westchester County, N.Y., police officer and Florida Highway Patrol trooper -- were also charged in the case.

Prosecutors allege that the TSA officers were paid $500 every time they let couriers travel through a security checkpoint at the West Palm Beach and Westchester County airports. The couriers smuggled as many as 8,000 pills per trip, as well as cash.The Westchester airport is just minutes away from Connecticut.

In one wire-taped conversation between an undercover witness and one of the defendants, one of the TSA officers was asked how best to smuggle a gun through the security checkpoint at the New York airport. In another incident, one of the TSA officers halted the questioning of a man with $100,000 in cash by other officers.

When law enforcement agencies take on huge investigations that end in the arrests of many people, it is often possible that charges against some of the defendants -- usually the least involved -- are trumped up in order for authorities to have their dog-and-pony-show press conferences for the media.

Often, once the case begins progressing, an experienced West Palm Beach Defense Attorney can weed through the bogus charges to decipher the facts, and then separate them from the fiction provided by the law enforcement agency.

But in these larger-scale cases, there are bound to be opportunities for plea deals. And while most defendants don't want to discuss the possibility if they believe they are innocent, this may be a strategy worth exploring. Here's why: When the state charges several people as part of a larger conspiracy, a favorable outcome for the state typically won't occur with police witnesses alone. To solidify a case against ringleaders, the state must have defendants who agree to testify for the prosecution. And because the state often is so willing to make this happen, its attorneys offer unbeatable plea deals to defendants. In some cases, if a defendant is facing a decade or more in prison if convicted, he or she might agree that spending two years -- or about 85 percent of two years based on Florida's rules for prisoners -- is a deal worth taking.

Then again, if there is strong evidence that the person did not commit the alleged crime, perhaps the deal isn't worthwhile. Or maybe holding out can help the person avoid a felony, have adjudication withheld, or minimize prison time and serve a probation sentence.

An experienced lawyer will be able to get the best deal not by being the first to jump at the state's offer, but the attorney who presents the most compelling argument that the facts against his or her client do not match up to a conviction.

Continue reading "TSA Agents From Palm Beach International Arrested in Drug Case" »

Seventeen people were arrested recently after authorities raided the Veterans Affairs Medical Center in Riviera Beach, The Palm Beach Post reports.

The newspaper says that the arrest of a man for conspiracy to distribute oxycodone led to detectives working on a 7-month investigation. The investigation resulted in a dozen arrests and charges of unlawful drug distribution based out of the clinic.

Drug charges in West Palm Beach and throughout South Florida can range from minor possession cases to large-scale distribution and conspiracy cases. Likewise is the possible range of penalty. The sanctions can be as simple as a few months in jail if convicted to decades in prison. The type of charge depends on the type of drug, the quantity and where it is being sold.

An experienced Fort Lauderdale Criminal Defense Attorney will be able to look at all aspects of the evidence and challenge all aspects of the case. With decades of experience as a prosecutor, our West Palm Beach Criminal Defense Lawyers understand how these cases are handled and what tactics the state uses in prosecuting them.

According to the news report, agents found 5,000 oxycodone pills in a safe at a 52-year-old Jupiter woman's house. She was a controlled substance technician at the Veterans Affairs Medical Center, according to an arrest affidavit.

Authorities allege that the woman was ordering the pills and allowing her son to sell them. Sixteen other people were also arrested as part of the undercover investigation into illegal drug sales. Warrants were also issued for four other people.

Those in custody are medical center employees, veterans and associates, authorities said. Most arrested face charges of sale of oxycodone or sale of marijuana. In some cases, veterans are charged with selling drugs to make money. More than 6,000 oxycodone pills were seized, along with $200,000 in cash and two vehicles.

What must be considered in cases like this is how credible the information gained from potential co-defendants is. When several people are charged with a crime, many will jump to make a deal with the state in exchange for a lesser prison sentence or sometimes no charges at all. This also goes for people whom the state doesn't charge and agrees to not charge if they testify for the prosecution.

In either of these cases, people are being given a benefit to tell a story that is pleasing to the prosecution. If they vary at all, even if it's not 100 percent truthful, they can see the consequences -- a lost plea deal or charges being filed. For this reason, their testimony should be seen as questionable.

In Fort Lauderdale drug cases, in particular, police officers will use confidential informants to try to nab other people. Informants are former drug dealers or buyers who agree with police to work with them to net arrests for the department. But in many cases, these people set up drug deals, which can lead to entrapment. That means a person wouldn't normally have committed a crime if not enticed, or trapped, by law enforcement.

There are many factors to take into consideration in cases like this and the complexity requires the experience of a West Palm Beach Criminal Defense Attorney, who can work to uphold the rights of the accused.

Continue reading "VA Medical Center Raid Nets 17 Arrests for Drugs in Riviera Beach" »

Broward County Drug Court acknowledged more than 10,000 graduates over 20 years at a celebration recently, the Sun-Sentinel reported, marking a huge milestone for a very important program.

Fort Lauderdale Criminal Defense Attorneys believe drug court is a great alternative to by-the-book penalties and sentencing because it allows people to have a second chance in life. While drug court relies mostly on the defendant to want to get help after they are arrested on drug charges in Fort Lauderdale and throughout South Florida, an experienced attorney should be hired in order to help get them into the program.

Drug Court helps nonviolent people who buy or possess small amounts of drugs like cocaine or oxycodone.They must stay clean for a year and participate in intensive counseling, treatment, rehabilitation, acupuncture and random urine testing, the newspaper reported. Completing Drug Court enables them to avoid a conviction and a prison term, or, if already convicted, successfully complete probation.

The county's Drug Court, which started in July 1991, falls under the Broward Sheriff's Office. It has three, three-month phases participants must complete. There are group counseling, drug tests, and whatever other measures the judge deems necessary.

Officials laud it as a cost saver, saying it costs taxpayers $954 per client for a year of Drug Court, compared with $24,000 to send someone to county jail. The court graduates about 1,000 people a year and the recidivism rate after two years is about 2 in 10.

While some people like it for the cost savings, we like it because it works and it helps people stay clean. This can be a great program for young offenders and people who may be getting into drugs for the first time. The program is designed to help keep people clean and steer them away from using drugs.

But getting into the program is no guarantee. There are standards for those who are allowed to participate and sometimes prosecutors want to seek harsh penalties of jail or prison time for people arrested on drug charges.

A Fort Lauderdale Criminal Defense Attorney can be necessary to negotiate with the state and prove that the client deserves a chance to succeed in the program. And that needs to take place early on in the process. That's why quickly consulting with an attorney is advantageous for someone facing these charges.

Drug court is the best way to avoid jail or prison, if the defendant is willing to work on their drug problem and get help. Consulting with an attorney to determine whether or not this is a fit for the client may be as important as getting the client into drug court. That's because a failure in drug court could subject the defendant to the penalties -- fines, fees, jail time, probation and other sanctions -- they would face in the criminal justice system.

Continue reading "Drug Court Hits 20th Anniversary of Helping Defendants in Fort Lauderdale" »

A member of the Miami Black Tuna Gang spent the last 31 years on the lam, but he was recently captured and sent to prison for five years on a charge of marijuana smuggling, The Miami Herald reports.

West Palm Beach Drug Defense Lawyers have the experience to handle any drug charge in South Florida, whether it be for manufacturing drugs, possessing drugs, selling drugs or trafficking drugs. West Palm Beach drug possession charges carry tough penalties, up to decades in prison, and require a diligent defense law team.

The Black Tuna Gang was a marijuana smuggling organization active in the 1970s in Miami. The group allegedly smuggled in about 500 tons of marijuana in a 16-month period before the DEA and FBI brought them down.

This defendant was convicted in 1980 of racketeering and possession and distribution of marijuana. He left his trial in 1979 and spent years in Chile, Europe and New York City before settling in a rented apartment at the Century Village seniors community in West Palm Beach.

In 1997, the defendant was convicted in North Carolina and sentenced to five years in prison for a failed marijuana run but never served the term because of his indictment in Miami. While prosecutors were seeking 15 years, his attorneys argued he was a peripheral member of the gang. He was busted after a boat carrying 40,000 pounds of marijuana ran aground off the Bahamas because drunken crew members began cooking steaks and started a fire aboard the boat.

Depending on the weight of the drugs, where they are being sold, purchased or manufactured and a defendant's criminal history, the potential sentence can vary greatly. Hiring a lawyer who has been a state prosecutor and who has handled scores of drug cases over two decades can be advantageous to a defendant.

A defense attorney must have all the latest tools to be able to suppress a defendant's statement from being introduced as evidence before a jury and to suppress evidence police collect if officers don't follow procedures or don't have probable cause in the first place to make an arrest. Keeping this evidence out of a defendant's case is critical.

Having the knowledge to file those and other motions and being committed to aggressively defending a client's case is what we pride ourselves on doing. Our firm will extensively study the case, discuss options with the client and figure out the best resolution. That may mean a plea offer from the state that we consider, going to trial, or, in the best case scenario, getting the charges dropped after getting evidence kicked out.

Don't feel like your lawyer isn't doing enough to defend you and your rights. We work with clients to make sure they are well-informed, up-to-date on hearings and motions and apprised of all the details of their case. Before you do anything else, set up a free consultation today.

Continue reading "31 Years On the Run Ends With 5-Year Prison Sentence After West Palm Beach Drug Arrest" »

IA Miami police officer was arrested recently by the FBI and charged with carrying cocaine and marijuana he seized from a dealer during a bust last year, The Miami Herald reports.

The story shows that anyone can get caught up in a bad drug possession charge in Fort Lauderdale and elsewhere in South Florida. If a police officer, sworn to uphold the law, can be charged, so can anyone else. That's why Fort Lauderdale Defense Attorneys, former prosecutors who understand how the state prosecutes cases, have spent years defending people who deserve a second chance.

According to the newspaper, the six-year police veteran who worked in the department's crime suppression unit, was charged with possession with intent to distribute cocaine. According to the story, the officer kept the drugs in his police cruiser and used drugs and cash seized during a raid to pay off confidential informants.

Florida law has many drug possession charges on the books, so the specific details of a defendant's case is the only way to know for sure what kind of punishment they may face. Depending on the weight of the drugs, the type of drugs and whether the person may be carrying a weapon when they were arrested are all potential factors in how the state pursues the case.

The type of drug can determine whether a defendant is charged with a second-degree felony, which is punishable by up to 15 years in prison, a third-degree felony, which is punishable by up to 5 years in prison or a misdemeanor, which can put someone in jail for up to a year.

The weight of the drug will determine whether a person is charged simply with possession of the drug or possession with intent to distribute, which can enhance the sentence. Drug trafficking in Florida (Florida Statutes 893.135) allows for a charge of a first-degree felony, which is punishable by up to 30 years in prison.

The penalties alone, not withstanding the potential for someone's career and reputation to be ruined, are reasons to seek an experienced law firm of attorneys who are skilled at fighting these types of charges.

In cases where confidential informants are used, it's possible that an entrapment defense can be used. Sometimes, the use of informants require defense attorneys to spend a lot of time questioning the credibility of the informant, who is usually a drug dealer turned witness. These people can't typically be trusted.

Police officers sometimes bungle evidence or violate a person's rights in the midst of a drug investigation. All of these factors are possibilities to get the charges dropped. So, if you are arrested for a drug charge, don't speak with police until you have contacted Fort Lauderdale Defense Lawyers so your rights are preserved.

Continue reading "Miami Cop Arrested by FBI on Drug Charge" »

A doctor is facing drug charges in Broward County in connection with another pill mill case, the Palm Beach Post reported.

Fort Lauderdale criminal defense lawyers understand the stakes are high when a medical professional faces fraud or drug-related charges. A conviction can mean the loss of a medical license and the inability to earn a living for which a doctor, pharmacist or medical professional has spent a decade or longer in training. Too often, these cases skirt the line between alleged criminal activity and what should remain confidential doctor-patient information.

Unfortunately, doctors and other professionals rarely have the experience with the criminal justice system that is often necessary in order to act in their own best interests. Too often, they agree to talk to investigators in an effort to clear up a misunderstanding and/or get themselves out of trouble. In reality, the best move is to consult with an experienced lawyer as soon as you determine you are the target of such an investigation. These are complex cases. Do not trust your future and your livelihood to someone whose job is to collect evidence of your guilt.

The 57-year-old Miami doctor is charged with conspiracy and dispensing and distributing controlled substances. The allegations are in connection with his work for Primary Care Primary Care Practitioners and Associates of West Palm Beach Inc. and Primary Care Practitioners and Associates Inc. in Hallandale Beach.

Police say he was paid $5,000 to visit the clinics several times a month and sign blank prescriptions. Employees would then issue the prescriptions to patients without the doctor being present. Authorities allege the clinics handed out prescriptions for more than 300,000 pills during the last 5 years, including Oxycodone and alprazolam.

Scrutiny of a doctor's dispensing of pain medication is likely to continue. The Sun-Sentinel reports Palm Beach politicians are looking at toughening restrictions of pain clinics and other drug dispensing facilities.

The Palm Beach Post reports Gov. Scott has earmarked $800,000 to beef up enforcement even as he has come out against a database that would track such prescriptions.

Nationwide, authorities point to South Florida as the capital of pain clinics, or so-called pill mills. The Miami Herald tells the story of a man released from prison in 2004 after serving time for trafficking in heroin and cocaine, only to build a string of seven pain clinics selling $150,000 a day worth of prescription narcotics.

Yet prescribing pain medication and selling illegal narcotics are worlds apart. The problems arise when law enforcement treats them as one and the same.

Continue reading "Drug Charges involving Pill Mill Allegations in Broward and Palm Beach need Aggressive Defense" »

With Spring Break in full swing, our criminal defense lawyers in Palm Beach and Fort Lauderdale remind vacationers, tourist and residents that increased enforcement can often lead to unfair arrest.

Drunk driving charges in Fort Lauderdale or Palm Beach will be quite common through the end of the special enforcement period on April 3. Other common charges include underage consumption, drug charges, sex charges and charges of assault and battery.

The Florida Department of Highway Safety and Motor Vehicles is reporting the cost of a drunk driving conviction can be as high as $20,000, including jail time, probation, mandatory treatment, loss of your driver's license and skyrocketing insurance premiums. We understand the cost and inconvenience associated with a criminal case, particularly for college students and out-of-state residents, and we work with tourists and young adults to minimize the disruption and the impact on their lives.

"The Florida Highway Patrol isn’t against having a good time. We just want spring breakers to celebrate safely so that no one has to go home in a body bag," said Patrol Captain Mark Welch. “FHP does not tolerate impaired driving, so drive sober and drive safe.”

About one-third of fatal accidents in Florida are blamed on drunk drivers -- and more of those crashes (224) occurred in March of 2009 than in any other month. While most drivers face drunk driving charges for a blood-alcohol threshold of .08 or above, those underage can face charges and the suspension of their driver's license for testing just .02.

The Miami Herald reports law enforcement have promised stepped-up enforcement efforts after last year saw a double-stabbing and shooting in South Beach amid reports of couples having sex in condo hallways.

Through the first two weeks of March -- with three weeks left in the special enforcement period -- police had already made 71 arrests and searched 1,630 coolers, which they can only do with probable cause or your permission.

Continue reading "Spring Break Arrests on the Rise in Palm Beach, Fort Lauderdale, Miami" »

When authorities found an ex-con behind the wheel, behaving in a manner they felt was erratic, they arrested him, despite his contentions that all he had to drink was kava tea, the Palm Beach Post reported.

It wasn't until a judge heard the case that the charges against the 46-year-old man were dropped -- but by then he'd spent eight months in jail on a probation violation. It's a cautionary tale about the need for an experienced and aggressive West Palm Beach criminal defense lawyer whenever you are facing charges of drunk driving in Broward or Palm Beach counties. And about the need to keep charges off your criminal record in order to avoid the consequences of a probation violation.

Too often, defendants hear probation and they take the deal. It's worth mentioning that all of Lindsay Lohan's legal problems stem from probation violations in the wake of a 2007 drunk driving conviction. In fact, it's not unusual for a defendant with experience in the criminal justice system to request jail time rather than to attempt to comply with the terms and conditions of a lengthy period of probation.

A breathalyzer showed no alcohol in the defendant's system. He was not given the benefit of the doubt, in part because of an old burglary and cocaine possession conviction. He told police all he'd had to drink was kava tea. It's not the first time authorities have attempted to charge someone with driving under the influence of the tea, which is a natural herb used by Pacific Islanders. It's being sold in an increasing number of trendy bars in South Florida.

The Food and Drug Administration reports the tea is touted for its ability to relieve anxiety, insomnia and symptoms of menopause. There are currently at least three Kava bars operating in Palm Beach County.

Tea aside, authorities are becoming more aggressive in making arrests for driving under the influence of drugs. The National Highway Traffic Safety Administration reported late last year that 1 in 5 of the fatally injured drivers tested for drugs in 2009, tested positive for the presence of narcotics. As a result, they are encouraging officers to crackdown on drivers driving under the influence of both illegal and prescription narcotics.

"Every driver on the road has a personal responsibility to operate his or her vehicle with full and uncompromised attention on the driving task," said NHTSA Administrator David Strickland. "Today’s report provides a warning signal that too many Americans are driving after having taken drugs, not realizing the potential for putting themselves and others on the highway at risk."

The problem here is that many narcotics remain in a person's system for days or even weeks after consumption. Marijuana, for instance, can remain behind for up to 30 days -- long past the point where a driver's skills are impacted. Even Strickland was forced to acknowledge that: "Drug involvement does not necessarily imply impairment or indicate that drug use was the cause of the crash."

But it may be enough to lead to unfair or unwarranted charged of driving under the influence in South Florida.

Continue reading "Tea drugs or alcohol: Best defense of DUI charges in Palm Beach is an aggressive defense attorney" »

Eleven defendants -- including five doctors --- were arrested in Palm Beach after an investigation into so-called "pill mills," the Palm Beach Post reported.

In an increasing number of cases, prescription medication is involved in felony drug charges in Palm Beach and elsewhere in South Florida. In this case, the defendants are accused of selling millions in pain medication to patients with trumped up injuries.

With high numbers of overdose deaths in South Florida being attributed to prescription drug abuse, our Palm Beach criminal defense lawyers continue to see an increased emphasis on enforcement. In cases involving doctors, it is particularly critical to seek well-qualified legal advice immediately. Doctors enjoy a confidential and complex relationship that is unique to each patient. Unfair charges can lead to the loss of a doctor's medical license and financial devastation.

In this instance, the investigation dubbed "Operation Pill Nation" led to state and federal charges against 17 defendants. Authorities also report shuttering a number of clinics and seizing tens of millions of dollars in cash.

The operation was even highlighted by the Obama Administration. And, with increasing evidence that South Florida has become a central supplier for the prescription-drug black market nationwide, the continued emphasis on enforcement efforts is certain. Investigators revealed they had made more than 340 undercover prescription drug buys from more than 60 doctors at 40 clinics throughout the state.

Locally, 11 defendants face charges of racketeering and drug trafficking in Palm Beach County.

Continue reading "Pill Mill Raid Highlights Issue of Prescription Drug Trafficking in Palm Beach, Fort Lauderdale" »

A 62-year-old man is facing drug charges in West Palm Beach after authorities arrested him at a senior living community in connection with federal drug charges filed more than 30 years ago, according to the Miami Herald.

The defendant is accused of being a member of the infamous Black Tuna Gang, the biggest marijuana-smuggling operation of its time, when he skipped out on his federal trial. He was charged along with 13 others as part of the biggest pot importation case in the nation's history.

Our West Palm Beach criminal defense lawyers have seen an increase in the number of cold-case prosecutions in recent years. In large part because of the advent of DNA databases (to which many convicted felons must contribute a sample, thereby matching defendants to old crimes that would otherwise never be solved.) These cases often result in arrest and prosecution years or even decades after the fact.

In many cases, defendants mistakenly think statutes of limitations will prevent them from being prosecuted. This is often not the case. In this case, in which the defendant had already been charged but escaped prior to conviction, the government convicted him anyway. In other cases the government will often argue that time stopped, until such time that the defendant can be located and returned to face the charges. In cases that involve new charges, as when a defendant is newly identified after a lengthy period of time, lawmakers continue to pass laws permitting prosecution even after the statute of limitations would otherwise have passed.

Such cases create a significant hazard for a defendant: Witnesses are often dead or unable to be located and evidence is frequently lost or destroyed. Exercising your right to remain silent, and consulting with an attorney at the earliest opportunity, is usually the best course of action for protecting your rights.

In this case, the Herald reports the judge is still on the bench and the defendant was convicted in absentia of racketeering, possession and distribution charges.

A joint investigation by the Drug Enforcement Administration and the Federal Bureau of Investigation took down the gang in 1979; members were accused of smuggling more than 500 tons of marijuana into the country during a 16-month period.

Following his arrest, the defendant was released on $25,000 bond and took part in his trial for more than a month before disappearing. Authorities had information that he was living under an assumed name in Chile in 1993. He was later believed to be in Germany. In 2001, he was believed to be renting a New York penthouse for $10,000 a month.

Late last year, authorities discovered he had been issued a Florida driver's license under his own name.

Continue reading "Fugitive Arrested on Drug Charges in West Palm Beach Three Decades after Fleeing Federal Trial" »

Our Coral Springs criminal defense attorneys noted the weekend arrest of a Broward County elementary school principal on drug charges.

The Palm Beach Post reported the 60-year-old woman was charged with felony drug possession and taken to the Broward County main jail in Fort Lauderdale. The case originated with the arrest of her 18-year-old son, who police say was in possession of 126 grams of marijuana. He faces a charge of possession with intent to deliver.

In this case, police say they found 20 grams of pot and drug paraphernalia in the principal's bedroom, according to the arrest affidavit. Police therefore charged her with direct possession of the drugs, as well as several pipes and rolling papers.

A Broward County defense attorney will review the facts and circumstances of this case, including the legality of the search. If police lacked a search warrant, if the warrant was not properly issued, or if police overstepped the boundaries of the warrant, evidence in the case could be dismissed. A reduction or dismissal of the charges often results in such cases.

The defendant is principal at Coral Park Elementary in Coral Springs. A spokesperson for the Broward County school system said administrators were searching for an interim principal. Fair or not, school teachers are held to a higher standard. Defending yourself against criminal charges becomes all the more critical if you work in a school, as a law enforcement officer or in other positions of trust.

A not guilty verdict, or an agreement that reduces the charges and disposes the case in a manner that is in your best interest, can go a long way toward protecting your rights, your freedom and your current and future financial well-being.

Continue reading "Coral Springs Principal Facing Felony Drug Charges after Marijuana Found in Bedroom" »

Over the past several years, so-called “pill mills” have sprung up across Broward County. These pain clinics make money by catering to those addicted to prescription drugs like oxycodone or methadone and have spurred legislators to action, and a new law went into effect on October 1. The law limits pain clinics to dispensing only three days’ worth of medication; however, clinic doctors can still prescribe 30 days’ worth of pills, which the patients can pick up elsewhere.

State drug czar Bruce Grant says he has anecdotal evidence that pain clinic owners and investors are circumventing the new law by opening pharmacies outside of the pain clinics, allowing them to continue making money off of addictive pain-killers. According to a Broward Sheriff’s Office Sergeant, some pain clinics even distribute a list of pharmacies instead of giving out pills. It’s estimated that there are around 10 Broward pharmacies that appear on such lists, which are also passed around by addicts and drug dealers.

Once Florida’s prescription monitoring program is fully operational, it’s expected that they will help pharmacists and authorities recognize drug traffickers and addicts and crack down on this growing problem. The program could launch as early 2011.

Source: Some pain clinics find loophole in restrictive new state law, South Florida Sun Sentinel, December 12, 2010

Continue reading "Broward County Drug Crime Attorneys Discuss Loophole in Pill Mill Laws" »

Florida officials say the Indian River County Sheriff’s Office, Boynton Beach Police, and the U.S. Drug Enforcement Administration recently apprehended a hydroponic marijuana grow operation in Fellsmere, taking more than 300 plants from the house. The street value for that amount of marijuana is estimated at almost five hundred grand.

Police also seized several more pounds of marijuana and weapons from a house on the Intracoastal in Boynton Beach. An investigation took three months and resulted in the arrest of a 48-year-old Boynton Beach man who is charged with cultivation of marijuana and trafficking in marijuana plants. He is currently free on bond.

The grow house had been modified with 24-hour high intensity lighting, several dehumidifier and air conditioning units and timers, according to police. Florida Power & Light is one of the providers in the area where the grow house is located and said it only releases information on its client when the company is served with a subpoena. Otherwise, a spokesperson said, they do not tip off police about suspicious activity or unusual usage patterns.

Source: FPL says it doesn’t tip police to marijuana grow houses, South Florida Sun Sentinel, December 10, 2010

Continue reading "Palm Beach County Drug Crime Attorneys Discuss Pot Grow Houses" »

Our Broward County drug crime attorneys have learned that the Drug Enforcement Administration (DEA) has announced a nationwide emergency ban of several chemicals found in what’s known in some circles as “fake pot,” a substance sold as incense at specialty shops and convenience stores around the nation. According to the DEA, the ban begins in at least 30 days and will make it illegal to sell or possess products containing the chemicals for at least a year.

The ban was enacted in response to reports from poison centers, hospitals, and law enforcement agencies who said the incense was being misused. In a statement, DEA Acting Administor Michele Leonhart said the manufacturers of these products have “mislead their customers into thinking that 'fake pot' is a harmless alternative to illegal drugs, but that is not the case.”

The banned chemicals, JWH-018, JWH-073, JWH-200, CP-47,497 and cannabicyclohexano, will be labeled Schedule 1 drugs, which is the restrictive category for drugs considered to be unsafe and with no medical value.

Source: DEA to enact emergency ban of 'legal weed' nationwide, The South Florida Sun Sentinel, November 24, 2010

Continue reading "Drug Administration Bans Chemicals Found in ‘Fake Pot’" »

According to an investigative article, a commonly used marijuana test called Duquenois-Levine or D-L test often gives inaccurate results.

That’s what happened a 48-year-old Florida woman after using her “smudge stick” to commune with nature outside of Weston, Florida. She was later arrested and charged with marijuana possession based on the findings of a D-L test. However, she was later released from jail and never faced trial on marijuana possession charges. As a result, she decided to file a lawsuit for wrongful arrest.

Despite the fact that the D-L test has been proven unreliable in identifying marijuana, it’s still widely used by police officers across the country.

Source: Has the Most Common Marijuana Test Resulted in Tens of Thousands of Wrongful Convictions?, AlterNet.org, July 28, 2010

Continue reading "South Florida Attorneys Discuss Controversial Marijuana Test" »

Earlier this month, Gainesville, Florida’s “bong bill” went into effect, which bans the sale of bongs, pipes, and other devices used for smoking marijuana in stores that earn 25% or more of their annual revenue from these types of products. These types of stores are called “head shops.” Stores with a smaller focus on bongs and a more diverse product line are not affected.

Already, a class-action lawsuit has been filed that questions the law’s constitutionality, since it’s aimed at criminalizing behavior, but only at a certain type of business. One lawyer likened it to police being selective about what types of cars they pull over for speeding, which is not fair to drivers.

However, because there’s a legal precedent for regulating tobacco and alcohol-related products, it’s likely that the bill will stand. If that happens, people may continue purchasing these products by going to different stores or driving to other cities that don’t have such strict regulations.

Source: ‘Bong bill’ affects head shops, Alligator.org, July 6, 2010

Continue reading "South Florida Lawyers Discuss ‘Bong Bill’ " »

Attorneys at our Florida law firm have learned that the Committee for Sensible Marijuana Policy is organizing a drive to pass a proposed amendment about marijuana possession in Miami Beach. If passed, the amendment would make personal possession of marijuana a civil code violation punishable by a city-levied fine of $100.

According to Florida law, possession of less than 20 grams of pot is a misdemeanor. The current maximum sentence for possessing small quantities of pot is a year in jail and a $1,000 fine.

The Committee for Sensible Marijuana Policy has already succeeded in passing a similar ballot initiative in Massachusetts in 2008. Legal experts point out that even if Florida voters pass the pot initiative, it could get shot down at the state or federal level.

Source: Campaign under way to decriminalize marijuana in Miami Beach, Miami Herald, June 17, 2010

Continue reading "Miami Beach Proposal Would Decriminalize Marijuana" »

In Weston, Florida, locals say there’s a distant aroma of marijuana. Some even created a Facebook page called “That Damn Weed Smell on Weston Rd. and Blatt Blvd.” The page was created in late April and has already received over a thousand “likes.” However, most of the residents who swear it’s pot are local high school students.

The Weston Police Department investigated the odor and did not find evidence of marijuana plants, so NBC Miami decided to launch their own investigation. They brought in a local gardening expert, who took a whiff and determined that the smell is a combination of Verbenas and Society Garlic, not pot as some residents believed.

Another conspiracy theory gone to pot!

Source: Mystery Smell In Weston: Is It Pot or Not?, NBCMiami.com, May 18, 2010

Continue reading "Mysterious Smell in Weston Prompts Police to Search for Pot" »

According to a report from Florida's medical examiners, deaths from illegal drugs on the decline, while fatal overdoses from prescription drug abuse is on the rise. Deaths from cocaine overdose went down 23% in 2008, while deaths from the painkiller oxycodone increased by 33%.

Prescription drugs accounted for three quarters of the drugs found in overdose victims. Oxycodone is reportedly the most popular drug in the black-market pill trade supplied by pill clinics, although many drug-related deaths involve dangerous drug interactions. The office of Broward County's medical examiner detected oxydocone in 171 overdose deaths in 2008.

New laws on prescription drug monitoring went into effect last week, but the prescription database designed to detect addicts getting drugs from multiple doctors is not expected to be operational until late 2011.

Source: Prescription drug overdose deaths soar, Merced Sun Star, April 10, 2010

Continue reading "Florida Seeing More Deaths from Prescription Drug Overdose" »

Each year on April 20, marijuana legalization advocates gather to celebrate 4/20, the annual celebration and mass civil disobedience inspired by "420" (insider slang for smoking cannabis). In Northern California, several hundred people gathered outside of a IGrow, a 15,000-square-foot cultivation equipment emporium, to observe "420 Eve."

Revelers lit up joints inside a stretch Hummer parked outside the superstore and explored booths with pot-related merchandise like pipe-shaped lollipops. The store also has a doctor working three days a week to evaluate people who might be candidates for medical marijuana.

The celebratory vibe is felt elsewhere in the country, as four cable television channels present programming around 420 and pot-smoking culture.

Source: Pot smokers out, proud for 4/20 high holiday, Palm Beach Post, April 20, 2010

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Last month, Florida lawmakers approved a new bill that will make it more difficult to sell carburetor pipes, chillums, and chillers in the state. Ironically, most members of the House Finance and Tax Council aren't sure exactly what these items are, but they approved the bill 16-0.

"Head shops" claim they are selling paraphernalia to smoke tobacco, but lawmakers say those items are actually used to inhale marijuana and crack. The bill (HB 187) will prohibit Florida retailers from selling pipes, including those made of metal, wood, acrylic, ceramic, glass, stone, or plastic, unless at least three quarters of their sales are tobacco.

It's also interesting to note that while the federal government bans the importation of drug paraphernalia, the state of Florida allows their sale once they're in the state.

Source: 'Head shops' the target of bill limiting the sale of pipes to tobacco shops, Palm Beach Post, March 11, 2010.

Continue reading "Florida Drug Possession Lawyer: Bill to Limit Sale of Pipes to Tobacco Shops" »

Authorities in Broward and Palm Beach say they anticipate a lengthy investigation of three South Florida pain clinics that are suspected of illegally distributing prescription meds, including the incredibly addictive oxycodone pills. Such clinics have been called "pill mills" by some Florida investigators.

All three clinics are owned by the same twin brothers. One of the clinics, called American Pain, had been operating for just five weeks before authorities raided the pain clinic, taking several boxes with them. The United States Drug Enforcement Administration and police from Broward and Palm Beach counties participated in the raid.

Documents from the 14-month investigation allege that the clinic attracted people from other states who would take pills back to their home state and sell them at a huge markup. The five doctors working full-time at the clinics allegedly distributed more than 2 million oxycodone pills last year. No criminal charges have been filed yet, but the investigation continues.

Source: Feds Raid Pain Clinics Suspected of Illegally Distributing Millions of Prescription Drugs, ABC News, March 8, 2010

Continue reading "Broward County Drug Possession Lawyer Discusses Pain Clinics" »

Our Fort Lauderdale criminal defense attorneys have learned that Oliver McCall, the former world heavyweight champion was arrested earlier this month on a drug offense. According to Fort Lauderdale police, McCall was arrested on cocaine possession charges and is also charged with violating probation for a previous offense.

The 44-year-old fighter has had previous drug-related issues and served jail time for charges including crack cocaine possession.

Some boxing experts predict the arrest could mark the beginning of the end for McCall, who has since been removed from headlining an eight-fight card that was scheduled for last Tuesday. However, McCall's son Elijah will still be part of the fight.

Sources: Former world heavyweight champion Oliver McCall arrested in Fort Lauderdale, South Florida Sun Sentinel, February 15, 2010

Former Heavyweight Champs in Trouble, About.com, February 16, 2010

Continue reading "Florida Police Arrest Former Heavyweight Champ on Drug Charges" »

Twenty years ago, Miami set up the nation's first drug court as a way to get nonviolent offenders into court-supervised drug rehab programs instead of spending time in jail. Now over 2,300 drug courts have sprung up around the country, and the Obama administration hopes to boost funding to drug courts, because these specialized courts are currently only available to a very small percentage of drug offenders.

The problem, according to advocates for drug courts, is a lack of money. There are currently about 1.2 million drug-addicted offenders and the $64 million in federal funds received by drug courts this year are not enough to treat all those who need it. The drug court association says that would take about $1.5 billion over six years, as well as matching funding from states.

Some defense attorneys say that prosecutors tend not to choose defendants with serious drug problems and that requiring defendants to plead guilty in order to get into drug courts is unfair. Still, there is evidence that the programs are working. About three quarters of drug court graduates remain arrest-free for at least two years after completing the program.

Source: Drug courts successful for few who get in, Associated Press, November 30, 2009

Continue reading "Florida Criminal Defense Lawyers Discuss Drug Courts" »

Our Palm Beach and Broward County Drug Defense Attorneys recently read in the South Florida Sun-Sentinel that Cuban refugees are dominating the Florida's indoor marijuana trade. According to the article, hundreds of growhouses have sprung up since 2005 and supervisors for the South Florida High Intensity Drug Trafficking Area approximate that as much as 90 percent of those arrested on grow-house-related marijuana charges are Cubans who arrived in the US within the past five years.

In Palm Beach, 90 to 95% of the arrests as part of drug busts called "D-Day" and "Eagle Claw" were Cuban. And in Miami-Dade, 95% were Cubans. That trend is reversed in Broward County, where only 11% of the arrests in 2008 and 2009 involved Cuban refugees.

Since there is no central database for sharing information about pot grow houses among police agencies, many Florida cops do not know much about the industry. Often when police raid a grow house, they arrest low level workers rather than their bosses or ringleaders. Authorities say that many of those involved in the illegal drug trade escape serious punishment because US policy does not allow the deportation of Cubans and many keep the number of marijuana plants under 100 to avoid tougher federal sentences.

Cubans dominate illegal pot grow house trade in Florida, drug and law enforcement officials say, South Florida Sun-Sentinel, October 30, 2009

Continue reading "Broward and Palm Beach Drug Lawyer - Marijuana Grow Houses on the Rise" »

A new bill passed during the spring legislative session, House Bill 29, makes it a first-degree misdemeanor for landlords to permit tenants to connect utilities themselves. Judges are mandated to accept an unpermitted electrical junction as proof of intent to violate the law. Stealing utility services to manufacture a controlled substance such as marijuana is also now a first-degree misdemeanor.

Several weeks ago, investigators discovered a marijuana grow house in Lorida after an electrical transformer blew. Inside the house, they found 341 marijuana plants, grow lights CO2 generators, and other items. The tenant was charged with producing and trafficking of marijuana and possession of drug paraphernalia.

A representative of Glades Electric estimates that over $80,000 worth of electricity was stolen. The diversion was wired so it appears that the house uses a normal amount of electricity when in actuality, the monthly bill should be around $2,000 per month. These grow houses cost the company over $1 million every year.

New grow house law targets landlords, Highlands Today, May 21, 2009

Continue reading "Florida Criminal Lawyer Comments on New Marijuana Grow House Law" »

Last week in South Florida, the Broward County Sheriff's Office sent a letter to judges and attorneys stating that inmates would no longer have access to substance abuse treatment, anger management, computer skills, and other training programs due to budget cuts. These programs are commonly used in Broward County for drug possession cases, domestic violence battery cases, felony battery cases and violation of probation cases.

Those programs will end by August 1, saving around $2.2 million. Broward County officials asked the Department of Community Control to reduce its budget by $50 million for the fiscal year starting October 1.

More than a fifth of Broward County's jail population used those programs, and some inmates got reduced jail sentences after completing treatment programs for drug abuse. While some inmates will still be able to participate in voluntary programs like Alcoholics Anonymous, reduced sentences will no longer be an option, which some worry could lead to overcrowding. Broward County is already under court order to avoid overcrowding in its prisons.

Broward sheriff wants to end inmate treatment programs to save money, South Florida Sun Sentinel, May 14, 2009.

Continue reading "Fort Lauderdale Felony Attorney - Broward Jails Cutting Inmate Treatment Programs to Reduce Budget" »

After three decades in Miami-Dade County, the United States Drug Enforcement Administration (DEA) has relocated to a vacant pharmaceutical office complex near Weston Road in Weston. The DEA was evicted from its old headquarters in Doral, which is being converted into a city center.

Affordability of rent and convenient access to South Florida's highways were both factors in the decision to relocate to Broward County; however the new geography of South Florida's drug trade was also a consideration. Drug activity in South Florida is no longer centered around Miami, as it has spread to the suburbs of Broward and Palm Beach counties.

In fact, when federal authorities arrested the leader of a Colombian drug ring three years ago, their raids took them to a Weston storage unit. Family members of the drug lord were living quietly in Broward County, according to prosecutors.

However, some worry that the DEA will out of place in Weston, since there are no prisons or courthouses nearby. However, the DEA will also maintain outposts in Miami, West Palm Beach, and Fort Lauderdale. A city commissioner for Weston said he predicts that the move will be an economic boon for the town.

DEA moves to Weston: In upscale Broward city, the new neighbors are narcs, South Florida Sun Sentinel, May 5, 2009

Continue reading "Broward Criminal Attorney Discusses Relocation of DEA" »