Drug Crimes

Drug Charges in Florida: What is Constructive Possession?

Posted In: February 5, 2020 | By Hanlon Law, PA

Florida has some of the toughest drug laws in the entire country. If you are arrested for drug possession in our state, you could be looking at serious criminal penalties—potentially including a lengthy prison sentence.

Did you know that you can be charged with and convicted of drug possession even if a controlled substance is never actually discovered in your hands or on your person?

It is called “constructive possession”—and it occurs when someone maintains control over a banned substance without having it within their physical grasp.

Florida Appellate Court Upholds Order Granting a New Trial

Posted In: February 28, 2019 | By Hanlon Law, PA

In Florida criminal cases that are tried in front of a jury, the jury is responsible for assessing the evidence presented and issuing a verdict based on its assessment. The jury’s verdict will generally not be disturbed unless it is clearly against the weight of the evidence. If a court finds a jury’s verdict is not supported by the evidence of record, it may order a new trial.

A District Court of Appeal of Florida recently explained the standard for review for determining whether a verdict is against the weight of the evidence, in a case in which it affirmed the trial court’s order issuing a new trial. If you live in Tampa and are charged with a crime, it is important to retain an effective Tampa criminal defense attorney to help you protect your liberties.

The Defendant’s Arrest and Trial

Allegedly, the defendant was suspected of selling controlled substances. In an attempt to build its case against the defendant, the State wiretapped an informant and sent the information to the store where the defendant worked. The video footage obtained from the informant did not contain any evidence of a drug transaction. The State charged the defendant with selling a controlled substance within 1000 feet of a childcare facility and with possession of a controlled substance with an intent to sell.

Federal Court Explains Constructive Amendment of an Indictment in Florida Drug Crime Case

Posted In: February 13, 2019 | By Hanlon Law, PA

The Fifth Amendment of the Constitution provides that a defendant can only be convicted of the crimes charged in the indictment. In some cases, the court will allow a conviction despite the fact that the evidence produced is insufficient to prove the specific crime listed in the indictment. A conviction for a crime other than the crimes listed in the indictment is often based on a constructive amendment of the indictment which is impermissible and can result in a reversal of the conviction.

The United States Court of Appeals for the Eleventh Circuit recently explained the grounds for a reversal based on a constructive amendment in a case where the defendant was convicted of conspiracy to distribute one of the four drugs listed in the indictment. If you are charged with a crime and currently live in Tampa, it is wise to obtain the services of a skilled Tampa criminal defense attorney to help you seek the best possible legal outcome under the facts of your case.

The Defendant’s Indictment and Conviction

Reportedly, the indictment charged the defendant with conspiring to distribute a controlled substance. The indictment listed four drugs as the controlled substances the defendant allegedly conspired to distribute. Following a trial, the jury found the defendant guilty of conspiring to distribute as to only one of the drugs listed. The defendant appealed, arguing that the court constructively amended the indictment to allow the government to obtain a conviction due to evidence that the defendant conspired to distribute only one of the drugs rather than all four.

Florida Appeals Court Throws Out Drug Charge

Posted In: September 26, 2018 | By Hanlon Law, PA

One of the things that makes the law so complicated is that words need to be specifically defined. For example, the word “possession.” Outside of the legal context, it’s usually clear when someone is in possession of something and when they are not. However, when jail time and other serious penalties are on the line, the law needs to specifically define all the language that makes up the elements of a crime.

How Are the Definitions Developed?

When the Florida state legislature passes a new law, usually included in the law is a section where specific words are defined. Of course the definition cannot possibly contemplate all the situations that may come up. That is where case law comes into play. Throughout time as the courts handle each individual case, their decisions clarify what counts as (in this case) possession and what doesn’t. Over time more and more situations are clarified and that’s how the definition is developed. One of the important things that your skilled Florida drug crimes criminal defense attorney can do for you is to use the case law to argue that your actions do not fit the specific definition of the crime.

That is what happened here. After a shootout between cars leaving a gas station, police found a cup filled with marijuana. The cup was lying on the ground next to the fence that marked the property line of the gas station. The police also found cocaine in one of the cars involved in the shootout, along with the defendant who was bleeding from a gunshot wound. The defendant was arrested for drug crimes related to both the cocaine and marijuana.

Florida Court Throws Out Conspiracy Conviction

Posted In: August 29, 2018 | By Hanlon Law, PA

“Innocent until proven guilty” is one of the foundations of our criminal justice system. It is not just an expression, but a requirement that the state have enough evidence against defendants to sufficiently prove whatever is alleged. Therefore, in order to convict someone for a crime, the state must prove all of the elements of the crime. If there is not sufficient evidence of one or more elements of the crime then the charge (or conviction if it’s an appeal) should be thrown out. In a case heard by the Florida Fifth District Court of Appeal, a defendant’s conviction for conspiracy was thrown out after the appeals court held that there was not sufficient evidence as to one of the elements of the crime. A skilled Tampa drug crimes defense attorney may be able to help you to get charges thrown out if the state does not meet their burden of proof as to all the elements of the crime.

Conspiracy in Florida

In order to prove that a conspiracy has been committed, Florida law requires the state to show that there was an agreement to commit an offense. In this instance, the state presented evidence to show that the defendant’s boyfriend met with a criminal informant to sell him cocaine. He had apparently sold small amounts of the drug to the informant in the past, but this time was planning to sell a larger amount. They planned to meet in the parking lot of a shopping center. The defendant testified that her boyfriend came to her house and asked her to drive him to the store in his car.

Florida Appeals Court Throws Out Search of Defendant’s Vehicle

Posted In: August 10, 2018 | By Hanlon Law, PA

The U.S. Constitution protects Americans against unreasonable searches and seizures by law enforcement. If evidence was gained by the police through illegal means, that evidence can be suppressed. Suppression means that the evidence cannot be presented in court. If evidence that should have been suppressed is presented, and there is a conviction, that conviction can be overturned. There are many possible ways that a knowledgeable Tampa criminal defense attorney can try to get evidence against you suppressed.Warrants and Searches

When a search warrant is issued, it will have a description of the specific places that are allowed to be searched. In this case, the warrant permitted the police to search three motel rooms, any people who were believed to be involved in the crime, the curtilage, and any vehicles located in the curtilage. The SWAT team came in to perform the search. During the search, they saw the defendant leave one of the hotel rooms and walk to his car, which was parked a few feet away in the parking lot of the motel. He got into his car, and as he tried to leave, he was stopped by law enforcement, blocking him in. Then he got out of his car and lay on the ground. The officer searched his car and found drugs.

The question raised on this appeal was whether the search was legal. In other words, was the defendant’s car located in a place that was covered by the warrant? The answer rested on the definition of curtilage. If the defendant’s car was parked in the “curtilage,” the search was legal. If it was not part of the curtilage, the search was illegal and should be suppressed.

Florida Drug Crime Convict Can’t Get $750,000 Back from Cops, Court Says

Posted In: July 27, 2018 | By Hanlon Law, PA

Florida cops and courts treat drug and other related crimes very seriously. A conviction can come with significant consequences, including long stretches behind bars and significant money penalties. Many drug cases also often involve the confiscation of money and other property seized by police officers during an investigation. As a recent case out of the Eleventh Circuit Court of Appeals makes clear, it can be tough to get that money back. State law creates only a small window of time to file a request to return seized property.

The defendant was charged with drug trafficking and money laundering following a 2006 police surveillance operation. Officers observed him pacing back and forth and talking on his cell phone for about 15 minutes before the defendant placed a black duffle bag in his car and drove off. They said he drove erratically to another location, where another man removed a black rolling suitcase from the defendant’s car. An undercover officer approached the two men and the defendant eventually consented to having the car searched, according to the court. The cops found “a significant amount” of cocaine and $738,000 in cash in the duffle bag inside the car.

The defendant was convicted two years later and sentenced to 15 years in prison. Law enforcement officers also seized the money from the duffle bag. A state court denied Defendant’s request to force the return of the money. The court cited a Florida statute that provides that any property lawfully seized by a law enforcement agency becomes the property of that agency 60 days after the closure of court proceedings related to the property. The court said the defendant filed his request outside of that 60-day window.

Florida Court: License Plate Bracket Justifies Car Stop, Search

Posted In: July 16, 2018 | By Hanlon Law, PA

Police officers must have reasonable suspicion to believe that you’re committing a crime in order to stop your car on the road. They need to have probable cause—a higher bar—to actually search the car. These are two important protections for anyone suspected of or charged with a Florida crime. But, as the state’s Third District Court of Appeal recently pointed out, there are many ways in which the cops can legally stop your car and search it.

Defendant was charged with possession with intent to sell, manufacture or deliver a controlled substance after a police officer found Xanax pills in Defendant’s car. The officer, who was in an unmarked car investigating unrelated crimes in the area, said he originally pulled Defendant over because he noticed part of Defendant’s license plate was obscured. A metal frame was blocking “MyFlorida.com” from the top portion of the license plate and “Sunshine State” from the bottom portion. The officer said he searched the car because he smelled marijuana inside.

A trial judge agreed with Defendant that the search was illegal. As a result, the judge granted Defendant’s request to suppress all of the evidence gained during the stop, including the Xanax pills. The Third District reversed that decision on appeal, however, finding that state law gave the officer the right to pull Defendant’s car over.

Plea Agreement Stops Appeal in Florida Synthetic Marijuana Case

Posted In: June 4, 2018 | By Hanlon Law, PA

Plea agreements can be useful tools for anyone facing criminal charges in Florida. These deals allow you to resolve criminal charges without at least some of the time, expense, and stress that come with a full-blown trial. They may also give a criminal defendant the leverage to reduce the punishment that comes with a conviction. It is important to remember, however, that these deals are binding legal agreements that you probably can’t go back and change later down the road. A recent case out of the U.S. District Court for the Middle District of Florida is a good example of that point.Defendant was charged with introduction into interstate commerce of misbranded drugs, a federal crime, stemming from his alleged involvement in a synthetic marijuana business. According to prosecutors, the products “were manufactured by applying chemicals (synthetic cannabinoids) to plant material to create a product which users would smoke for a ‘high.’” The products were intended to be smoked, the prosecutors said, but they were not properly labeled. The prosecutors said the packaging indicated that the products were “not for human consumption” and that they included potpourri and incense. The packaging didn’t correctly identify the synthetic marijuana and didn’t include adequate directions for using the drug, according to prosecutors.

Defendant eventually entered into a plea agreement. As part of the deal, he agreed to waive his right to appeal the sentence eventually handed down by a judge. He nevertheless filed a motion to vacate the sentence after it was handed down. Defendant argued that the trial judge wrongly concluded that the fraud involved $1.9 million in business from the synthetic drugs. He said the amount was actually less than that because he was involved in the business for 10 months rather than 17 months.

Florida Court: Judges Can’t Look into Source of Bail Payments

Posted In: March 21, 2018 | By Hanlon Law, PA

A state appeals court in Lakeland recently issued an important decision that could have a significant impact on anyone charged with a Florida drug crime. The court pumped the brakes on what it called an increasingly common move to prevent a person charged with a crime from being released from jail pending trial, even when he or she has paid bail. Some judges in the Sunshine State and across the country had been slowing the release process by saying they want to look into how the person came up with the bail money. Thanks to Florida’s Second District Court of Appeal, those questions are now out of bounds.Bail is a form of insurance for the criminal justice system. A person charged with a crime generally has the option to put up a certain amount of bail money in exchange for his or her release pending trial. The person gets the money back if he or she shows up at the trial. The idea is that the money ensures that the person will return to court.

The Second District case centered on a Florida man charged with various drug crimes. The judge hearing his case set the man’s bail but agreed with prosecutors to continue holding the man in jail pending a so-called “Nebbia” hearing. The U.S. Court of Appeals for the Second Circuit in a 1966 case called United States v. Nebbia ruled that trial courts have discretion to look into how a person intends to pay bail in order to gauge whether he or she will show up for trial if released. Although that kind of hold may be allowable under federal court rules, the Florida appeals court said there was nothing in the state law justifying the move.