Articles Posted in Drug Crimes

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On September 29, 2017 the First District Court of Appeal made new law concerning the type of signage posted on your property that can prevent warrantless investigation of the occupants.  The case is State of Florida v. Crowley; Case No.:  1D16-3380.

In Crowley, Jacksonville Sheriff’s Officers received an anonymous tip someone was growing and selling marijuana from their home.  An officer decided to visit the home and talk to the occupants. Upon his arrival at the home, the officer approached up the front walkway to the front door which bore a conspicuous “No Soliciting” sign.  Ignoring the sign, the officer knocked on the door.  Robert David Crowley opened the door and spoke with the officer.  Mr. Crowley did not ask the officer to leave the premises.  The officer inquired about a supposed lost friend.  While speaking with Mr. Crowley the officer detected a strong odor of marijuana emanating from inside the home.

After the conversation ended, the officer obtained a search warrant and returned to search Mr. Crowley’s home.  The search produced seventy-seven marijuana plants, drug paraphernalia, and a firearm.  Mr. Crowley was then arrested and criminally charged.  Continue reading

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On May 10, 2017 United States Attorney General Jeff Sessions issued a Memorandum to all federal prosecutors titled Department Charging and Sentencing Policy.  The new policy requires federal prosecutors to charge and pursue the most serious, readily provable offenses, i.e., those that carry the longest guidelines sentence, including mandatory minimum sentences.

The new policy rescinds any previous inconsistent policies of the United States Department of Justice, including the Department Policy on Charging Mandatory Minimum Sentences and Recidivist Enhancements in Certain Drug Cases (August 12, 2013) and Guidance Regarding section 851 Enhancements in Plea Negotiations (September 24, 2014).

Simply put, the new policy generally requires prosecutors to seek whatever charges would lead to the most years in prison for any and all federal offenses.  But, it is expected to have the most impact upon those arrested for possessing or selling drugs. The policy, however, does allow prosecutors to seek permission on specific cases to not strictly follow it if authorized  by supervisors. But, non-adherence to the new policy is expected to be infrequent.  Continue reading

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Capable criminal defense lawyers know there are two major avenues for defending drug possession cases.  The first is to pursue traditional defenses such as investigating search and seizure issues, warrant issues, actual versus constructive possession issues and other similar traditional defenses.  The second major avenue, and one unfortunately oftentimes overlooked, is to fully investigate and develop sentencing phase “mitigation” evidence.  Effective mitigation in a criminal drug possession case, or in any criminal case for that matter, is oftentimes critical in avoiding a conviction and/or jail or prison time.

So what is mitigation evidence?  It is evidence of individual-specific circumstances generally beyond your control that significantly adversely affected your character and behavior which lead to your arrest.

Typical mitigation evidence in drug possession cases involves, among other things, showing your drug addiction arose from you initially being lawfully prescribed pain medications by a licensed physician for a medically documented injury, such as neck and/or back pain from an automobile or on-the-job accident.  The mitigation evidence generally demonstrates you were placed on an extended course of prescribed pain medications such that by the time your prescription had expired you had become addicted, through no fault of your own.  Faced with your addiction and the lack of any further prescriptions for the pain medication, your character and behavior were involuntarily altered to the extent you were left to satisfy your addiction on the “black market” or on the street.  This type of mitigation evidence often is rightfully considered by the State in arriving at a negotiated disposition of your case (in what is oftentimes referred to as “plea bargaining”) that spares you a formal felony drug possession conviction and/or jail or prison time. Continue reading