Drug Crimes

September 12, 2010

Jacksonville Driver License Suspensions for Juvenile Delinquents

Florida Statute Section 322.056 governs Jacksonville Driver Licenses suspensions for juveniles found delinquent for certain crimes. A Jacksonville juvenile’s driver license will be suspended if he or she is found guilty or delinquent of:

selling, giving, serving, or possession of alcohol by a minor (under Florida Statute Section 562.11(2) or 562.111) or
a violation of Chapter 893 (drug-related offenses).

The first violation will normally result in a six month suspension of the Jacksonville driver license. The second violation will result in a two year suspension. However, the court may direct the Florida Department of Highway Safety and Motor Vehicles to issue a hardship Jacksonville driver license.

If are an adult or juvenile having trouble with the status of your Jacksonville driver license, contact a Jacksonville Driver License Lawyer.

August 27, 2010

Jacksonville Criminal Lawyers Fight Illegal Searches and Seizures by Police

by David M. Goldman

Jacksonville Criminal Lawyers are often faced with cases that involve illegal searches and seizures. When a Jacksonville police officer conducts stops or searches a person, he must conduct himself in a manner that does not violates a persons Fourth Amendment rights. If police officer violates the constitutional rights of a criminal defendant, a Jacksonville Criminal Lawyer can file a motion to suppress any evidence that way obtained due to the illegal search or seizure.

Recently, in Ferguson v. State, the Florida Second District Court of Appeals ruled on this issue. In this Florida case, Mr. Ferguson was located in a “high crime area” and was trying to avoiding contact with an officer in a manner that the officer thought was suspicious. When the officer turned her patrol car around to investigate, Ferguson attempted to drive away. The officer pulled him over, placed him under arrest for loitering and prowling, and searched the car incident to arrest. Ferguson was charged with loitering and prowling, possession of a firearm by a felon, possession of marijuana and possession of drug paraphernalia.

Mr. Ferguson appealed the conviction on the grounds that the trial court erred when it denied Ferguson’s motion to suppress the evidence seized after he was arrested. The Florida Second District Court of Appeals agreed with Ferguson, because the officer did not have a reasonable suspicion of criminal activity to detain him or probable cause to arrest him for loitering and prowling. Since there was no probable cause for the arrest, all of the evidence seized must be suppressed.

August 14, 2010

Jacksonville Meth Lab Investigation Leads to Four Arrests in Jacksonville, Florida

by David M. Goldman

Four people were arrested in Jacksonville on charges involving the operation of a meth lab. The arrests occurred in different areas of Jacksonville, including Arlington, Jacksonville Beach, and the Mayport Naval Station. Local Media reports that the investigation began on suspicion about the manufacture, sale and use of methamphetamine in Jacksonville. In one of the Jacksonville residences that police searched, police “found a line of methamphetamine on a coffee table and a meth lab packaged in two boxes.”

In Jacksonville, Florida, charges related to possession of a controlled substance, such as methamphetamine (meth), is governed by Florida Statute Section 893.03. According to Florida Statute Section 893.135, possession of 14 grams or more of methamphetamine in Jacksonville carries a minimum sentence of 3 to 15 years in Florida State Prison.

May 21, 2010

Jacksonville Duval County Drug Crimes Attorneys Will No Longer Have Post-Conviction Drug Court

by David M. Goldman

In October 2009, Jacksonville, Duval County, Florida began a post-conviction drug court. This Jacksonville drug offender program is aimed at rehabilitating drug users in Duval County. It is a Jacksonville drug program that can be used in lieu of a Florida prison sentence. Duval County was awarded grant money in the amount of $1.4 million to fund the program. However, court officials rejected the program due to opposition from the State Attorney’s Office.

The Jacksonville post-conviction drug program was not intended to give drug offenders a “break” from serving jail time. Instead, “the new program [gave] judges the opportunity to send nonviolent drug offenders to drug court after they’e been convicted with the knowledge they go strait to prison if they fail.” In general, prison is not going to stop a drug addict from reoffending, because the point of prison is to punish, not rehabilitate. The Jacksonville Duval County post-conviction drug court would have created an alternate sentence that would rehabilitate drug addicts while saving the State of Florida and City of Jacksonville money. Jacksonville Criminal Attorneys that represent defendants charged with drug crimes will no longer be able to help their clients obtain a sentence involving this program. However, Jacksonville Drug Crimes Attorneys will be able to pursue other similar remedies, such as probation.

April 16, 2009

Jacksonville Constructive Possession of a Controlled Substance in a Jointly-Occupied Vehicle

by David M. Goldman

As a Jacksonville Criminal Defense Lawyer, I have handled numerous possession of a controlled substances cases. Arrests for possession of a controlled substance, such as marijuana or cocaine, occur every day in Jacksonville, Florida. A person can be in actual or constructive possession of cocaine. Actual possession occurs when the drug is physically “on” or extremely close to the person. Constructive possession occurs when the drug is in a location where the person concealed it or has control over it.

In Jacksonville, in order for a criminal defendant to be convicted of constructive possession, the prosecutor must show the defendant had

knowledge of the presence of the controlled substance and
the ability to exercise dominion and control over it.

Jacksonville constructive possession is difficult to do if the defendant is in a car occupied by more than one person. In fact, in a recent Florida case, Brown v. State, 34 Fla. L. Weekly D773a (Fla. 4th DCA 2009), ruled that the State of Florida did not prove that the driver of a vehicle was in constructive possession of Xanax which was located in the center console of the vehicle. The driver and a passenger were in the vehicle, and either one of them could have been in possession of this drug. The court ruled this way, because the prosecutor failed to present sufficient, independent evidence that the defendant knew about the presence of the Xanax and had the ability to control it.

January 19, 2009

Cash is Irrelevant in Florida Possession of Cocaine Cases

by David M. Goldman

In Jacksonville possession of cocaine cases, the prosecutor will often attempt to enter into evidence the fact that the Jacksonville possession of cocaine defendant had a large amount of cash in his possession. Obviously, this highly prejudicial to the Jacksonville possession of cocaine defendant. When a defendant is alleged to have illegal drugs and large amounts of cash on his person, most juries will look at the defendant and see a drug dealer. Evidence of cash in a Jacksonville possession of cocaine case is irrelevant and should not be allowed. In mere Jacksonville possession of cocaine cases, the defendant is not alleged to have sold the cocaine. He is merely in possession of the cocaine. Therefore, the fact that he has a large amount of cash on his person has nothing to do with the possession of cocaine, and is irrelevant. To learn more about Jacksonville possession of cocaine evidence law, read Mosley v. State or contact a Jacksonville Possession of Cocaine Attorney.

November 17, 2008

Florida Teacher Arrested for Delivery of Drugs

by David M. Goldman

Police arrested a Florida teacher, Valerie Elaine Sabarese, for possession and delivery of heroine and crack cocaine. Hillsborough County Police claim that she sold undercover detectives the illegal drugs at a convenience store.

In Florida, sale of a controlled substance, such as cocaine and heroine, is a second degree felony and can result in a maximum of 15 years in Florida State Prison. However, Ms. Sabarese’s case has another obstacle to overcome. Florida Law increases the penalty for sale of a controlled substance if it is within 1,000 feet of a convenience store. In that situation, the sale of cocaine and heroine is a first degree felony and is punishable by up to 30 years in Florida State Prison.

Although this crime occurred in West Florida, the law is the same for the entire state, including Jacksonville, Florida. As a Jacksonville Florida Drug Crime Attorney, I have handled many cases involving sale of cocaine and other controlled substances. In some cases, the criminal defendant is not guilty of the offense, and there may be an issue of mistaken identity. In other cases, the criminal defendant may have sold the drugs due to an excessive drug problem. A Jacksonville Florida Drug Crime Lawyer understands that each case is different and requires special attention.