A recent trafficking in cocaine case near Jacksonville, Florida was reversed because the state could not prove that the defendant was in constructive possession of the cocaine. In any possession or trafficking case, the state has to prove the defendant knew about and possessed the illegal drugs beyond a reasonable…
Articles Posted in Drug Crimes
Lewd or Lascivious Molestation Case Reversed Due to Marijuana Evidence
In a recent criminal case near Jacksonville, Florida where the defendant was charged with lewd or lascivious molestation for allegedly showing his penis to a 5 year old and enticing her to touch it, the state’s conviction of the defendant was reversed because the state improperly introduced evidence of the…
Violent Crimes and Property Crimes Still Decreasing Across US, Pill Cases Increasing
Last year, we posted about how violent crimes and property crimes have decreased despite the recession and difficult financial times for many people. The common thinking was that as times get tough for people, more people would commit crimes. That was not the case in 2009, and it does not…
Police Arrest 135 People in Jacksonville Area During Illegal Pill Investigation
Police in the Jacksonville area arrested 135 people, mainly in Duval County and Clay County, for either allegedly illegally possessing pills without a prescription or illegally distributing pills, according to an article on www.Jacksonville.com. According to police, the arrests occurred between September and December of this year, and the arrests…
Police in Florida May Be Permitted To Search Residence After Lawful Arrest
Because people in Florida have a Constitutional right to be free from unreasonable searches and seizures as well as a privacy right in their homes, police can only search one’s residence for drugs, guns or other evidence in limited circumstances. The two primary bases for legally searching one’s home are…
Proving Defendant Knew the Drugs Were There is Not Enough for a Drug Possession Conviction in Florida
In a recent case outside of Jacksonville, Florida, the police were looking for someone who had a warrant for his arrest. They tracked him down to a house which had a secondary building in the back yard that was also used as a residence. The police found the suspect in…
Police Have Easy Access to Your Pharmacy Records of Controlled Substances in Florida
In a recent criminal case south of Jacksonville, Florida, undercover police officers claimed the defendant illegally sold them prescription drugs Oxycodone and Xanax. The police then obtained the defendant’s pharmacy records from two different pharmacies without a search warrant or subpoena. Those records showed that the defendant was seeing two…
Possession of Marijuana Case Gets Thrown Out Due to Illegal Search
In this case the police officer was responding to a call regarding a missing juvenile. He went to a facility where juveniles stayed and spent time playing games and meeting with others. When he arrived, he saw the juvenile defendant in this case sleeping in the common area. There were…
Federal Criminal Sentencing Guidelines for Crack Cocaine Cases Now in Effect
As criminal defense lawyers in the Jacksonville, Florida area who handle all criminal cases in state and federal courts, we have seen how people convicted of crack cocaine crimes can receive much higher sentences than those convicted of powder cocaine crimes where the amount of powder cocaine was similar to…
Florida Marijuana Possession Case Thrown Out Due To Unreasonable Show of Police Force
In a recent marijuana case out of South Florida, the court threw out the evidence of the defendant’s marijuana possession because the police used an unreasonable show of force to gain access to the defendant’s residence. In this case, six police officers went to the defendant’s home because he had…