Drug Crimes

Drug Trafficking Charges Dropped Against Lasnetski Gihon Law Firm Client in Jacksonville, Florida

Published on: March 28, 2009 | by Lasnetski Gihon Law

In mid-2008, a relative of A.T. contacted the law office of Lasnetski Gihon Law in Jacksonville, Florida after A.T. was arrested for conspiracy to traffic MDMA (aka ecstasy). This criminal charge of conspiracy to traffic ecstasy is a first degree felony which carried a minimum sentence of 15 years in prison and a maximum sentence of 30 years in prison.

Lasnetski Gihon Law investigated the case and noted that the state’s case was seriously lacking in evidence. Of course, in any criminal case, the state has the burden of proving beyond a reasonable doubt that the accused defendant is guilty of the crime for which he was charged. In this case, the state was relying primarily on two secretly recorded conversations between A.T. and some acquaintances and the unreliable testimony of known drug dealers. Lasnetski Gihon Law reviewed the transcripts of the recorded conversations involving A.T. as well as numerous other conversations in which A.T. was referenced. What we determined was that the conversations involving A.T. were vague at best and did not directly implicate him in any illegal drug activity. Additionally, the other conversations between A.T.’s acquaintances never indicated that A.T. was involved in any drug deals, of ecstasy or any other illegal drug. In fact, those other conversations pointed to other individuals who were selling the drugs who had nothing to do with A.T.

To cement A.T.’s defense, Lasnetski Gihon Law took depositions of the known drug dealers who the state relied upon to tie A.T. to ecstasy drug deals. In these depositions, these witnesses gave conflicting statements and failed to support the state’s case against A.T.

Clay County (Orange Park), Florida Police Arrest Two For Suspected Marijuana Operation

Published on: March 5, 2009 | by Lasnetski Gihon Law

Police in Orange Park, Clay County, Florida raided a house pursuant to a suspected illegal marijuana growing operation, according to an article on News4Jax.com. According to the article, the Clay County police officers seized numerous marijuana plants and observed marijuana growing equipment such as lights and ventilation equipment in the house. Charges have not been filed at this early stage, but it is likely that felony marijuana charges will result from the search and arrests.

The article on the Jacksonville, Florida paper’s website indicates that the police discovered the house based on “intelligence.” One issue that is sure to arise in the following criminal case is what specific facts the Clay County police had to justify a search warrant for the house and the subsequent search and seizure of the marijuana plants and other evidence. At a motion to suppress evidence in the criminal case, the Clay County police will have to show that they had a legitimate factual basis to obtain a search warrant and search the house. This is just one of the several issues that arise in a drug case involving search warrants and the seizure of evidence from someone’s home.

If you have any questions about your Fourth Amendment rights to be free from unreasonable searches and seizures or a police officer’s right to search you, your vehicle, your home or any other belonging, feel free to contact us for a free consultation about the laws related to drug cases and illegal searches and seizures.

Federal Government Will No Longer Raid Medical Marijuana Establishments

Published on: March 3, 2009 | by Lasnetski Gihon Law

The new U.S. Attorney General in President Obama’s administration stated that the federal government has changed its policy and will not raid medical marijuana establishments in states where selling marijuana for medicinal purposes is legal. Medical marijuana is legal in thirteen states. Florida is not one of them, and none of those states are in the South.

One might ask how law enforcement officials can legally raid a medical marijuana facility if the state has made it legal to sell marijuana with a doctor’s prescription. The reason is that the particular state’s law may say it is legal but federal law may say it is not. As a result, under the Bush administration, federal Drug Enforcement Agency agents and other federal law enforcement officials were directed to raid medical marijuana locations pursuant to federal drug laws despite the contrary state marijuana laws.

However, under Obama, that is expected to change. This should not directly affect residents of Jacksonville or other cities in Florida (unless and until Florida legalizes marijuana for medicinal purposes), but it does clearly indicate a shift in the priorities of the current federal government away from targeting and prosecuting marijuana users, at least in the states where medical marijuana is legal.

Can Legalizing Marijuana Help Florida’s Struggling Economy?

Published on: February 28, 2009 | by Lasnetski Gihon Law

At a time when the Florida and U.S. economies and credit markets are in a downward spiral, people and governments often have to innovate to recover. The idea of legalizing marijuana should not be considered groundbreaking, progressive thinking in 2009, but it is far from accepted as appropriate and far from a reality. However, in California, a lawmaker has proposed a bill that would legalize marijuana in that state.

The proposed law legalizing marijuana would create a system that would tax and regulate marijuana production, distribution and sales. The state would license producers and sellers who could sell marijuana to individuals over 21 years of age. The law would also allow adults to grow up to ten marijuana plants for personal use only.

This proposal is gaining traction in California partly because of the severe budgetary crisis in that state. It is estimated that the regulation and taxation of marijuana in California would bring $1.3 billion in revenues each year. Marijuana is the largest cash crop in California, and the state government is not making any money from it. There would be a corresponding savings associated with the end of the failed and expensive war on marijuana along with the reduction in inmates who are in jail on petty marijuana charges.

An Example of an Illegal Search of a Person for Drugs

Published on: February 19, 2009 | by Lasnetski Gihon Law

The following situation occurred south of Jacksonville, Florida and involved an illegal search of a person for drugs. The person was the passenger of a vehicle that was stopped due to an inoperable taillight. The police officer suspected that the occupants of the vehicle may have had drugs or stashed drugs in the vehicle because of what the officer described as suspicious movement made by the occupants after being stopped by the police officer. The police officer had a drug dog who walked around the vehicle. The drug dog did not alert to the odor of illegal drugs. The police officer then asked for consent to search the driver. The driver agreed. While the police officer was searching the driver, a second police officer arrived and told the passenger that he was going to be searched and asked him he he had anything on him. The passenger reached into his pocket and gave the second police officer a pill bottle with some marijuana and illegal prescription drugs. He was then arrested for drug possession.

Is this a valid search and seizure of drugs from the passenger? No. First, the police officer did not have a reasonable basis to search the passenger so the State could not argue that they would have located the drugs anyway pursuant to a legal search. Additionally, when the passenger gave the police officer the drugs, that was not voluntary because he was submitting to police authority after the police officer told the passenger he would be searched anyway. The important points are that a police officer can always ask a person if the officer can search him or her. The person can always refuse. If a person voluntarily consents to a search or gives a police officer drugs or other evidence of a crime, that evidence will likely be used against that person to effect an arrest and in court. However, if a person succumbs to police authority, as in this case, his/her actions may not be voluntary and any evidence that is discovered may be suppressed.

New Policies and Priorities Coming Regarding Federal Drug Crimes

Published on: February 17, 2009 | by Lasnetski Gihon Law

With the new administration, the federal government will shift its focus regarding federal drug crimes. It appears that the Obama administration will focus more on rehabilitation and be less stringent with nonviolent first-time federal drug offenders than the prior Bush administration.

Some of the highlights of the Obama administration’s policies on federal drug crimes include:

– increased efforts to end racial profiling by law enforcement who are investigating drug crimes;

Doctor in Columbia County, Florida Arrested on Drug Charges

Published on: February 6, 2009 | by Lasnetski Gihon Law

A doctor in Columbia County, Florida (which is about an hour west of Jacksonville, Florida) was arrested on charges of assisting in obtaining a controlled substance by fraud and unauthorized possession of prescription forms. In a prior post, we discussed how law enforcement authorities in Jacksonville and other areas in Florida are increasingly looking at alleged illegal drug crimes involving prescription drugs as more people, particular younger people, are abusing prescription drugs such as Oxycontin, Xanax, Percocet and many others. Police are focusing not just on the users but on doctors and other staff members at hospitals and doctors’ offices who have access to the prescription drugs and prescription drug forms.

According to the article, Dr. Yong Am Park, who is the subject of this criminal investigation, also had his medical license suspended by the Florida Department of Health. He will likely face a hearing down the road that may determine whether he will be able to continue practicing medicine. A doctor accused of crimes faces an additional sanction of losing his/her medical license and ability to make a living as he/she did before in addition to the criminal charges, particularly when those criminal charges directly relate to the doctor’s practice.

Highlights From the Government’s Annual Report on Illegal Drugs in the United States

Published on: January 30, 2009 | by Lasnetski Gihon Law

The U.S. Justice Department issues a yearly report on the threat created by illegal drugs in the United States. This National Drug Threat Assessment is a lengthy report that discusses various drugs, where they come from, who is using them, who is selling them, how drug dealing is financed, the effects of illegal drugs on society and other issues on a macro scale. Some of the highlights of the report are as follows.

More than 35 million people used illegal drugs or abused prescription drugs in 2007.

More than 52% of all inmates in federal prisons are there due to drug offenses.

Jacksonville Sheriff’s Office Arrest Three People on Drug Trafficking Charges

Published on: January 18, 2009 | by Lasnetski Gihon Law

The Jacksonville Sheriff’s Office (JSO) announced that three people were arrested (Alex Campbell, Frederick Campbell and Temario Wiley) on drug trafficking charges after police found a large amount of marijuana that had been delivered by UPS to a house on Praver Drive in Jacksonville. The Jacksonville police also seized $500,000 and guns incident to the arrests. According to the article at News4Jax.com, the Florida Department of Law Enforcement (FDLE) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were also involved in the drug trafficking investigation.

It is not uncommon for an investigation in Jacksonville, Florida or anywhere else for that matter to begin and end this way. Police will often receive a tip of drug related activity from a buyer of illegal drugs or someone involved with or associated with the suspects who has been arrested and then provides information about others to avoid, or reduce his/her exposure to, jail or prison. This way, the police will work their way up the chain to try and arrest those people who are more prominent in selling drugs or bringing them into the city. It is also not uncommon for people to send drugs to each other via UPS, Federal Express, the United States Postal Service and other commercial delivery companies. However, there are employees of those entities who are trained to detect packages containing drugs and when they find such a package, they will alert the police who will bring a drug dog and/or seek a search warrant for the package. If the police decide to conduct a controlled delivery of the package to the intended residence, legal questions arise as to whether the drugs and/or knowledge of the drugs can be attributed to the person who accepts the package and anyone living in or present in the home when the package is delivered.

If you have been investigated or arrested on drug trafficking or other drug charges, contact a law firm whose attorneys understand the many legal issues that are present in drug cases so your rights can be protected.

Jacksonville Elementary School Teacher Arrested After Police Find Marijuana, a Crack Pipe and a Gun in Her Home

Published on: January 18, 2009 | by Lasnetski Gihon Law

A Jacksonville, Florida elementary school teacher at Cedar Hills Elementary School (Gina Cevasco) was arrested after Jacksonville Sheriff’s Office (JSO) officers reportedly responded to her house in reference to a drug complaint, according to an article on News4Jax.com. The JSO officers apparently obtained consent to search the house from her son, and then her, and found the drugs and gun in the house. The article does not give any further details and without them, it is hard to specifically evaluate the several issues that are potentially present, a couple of which include: whether the consent to search initially given by the son was legally sufficient to allow the Jacksonville police to search when and where they did; whether the consent to search obtained from the son and later the mother/teacher was lawfully obtained; whether the tip the police received and any other evidence they may have had were sufficient to rise to the level of probable cause allowing the police to obtain a search warrant if consent had not been given; based on where the drugs and gun were found and the number of people who have been in the house, whether the drugs and gun can be attributed to any particular person.

One issue that immediately came to mind after reading the article is that many people do not know their Constitutional rights when it comes to such encounters with police. If the police approach a person on the street, in his/her car, at his/her home, no matter what the police officer says and how much they purport to know about drug or other illegal activity taking place, a person has a right to refuse to give consent to police to search his/her person, home, car or other belongings.

If you have questions about your rights when it comes to a drug investigation, arrest or charge, an encounter with police or any other search and seizure issue in the Jacksonville, Florida or Northeast Florida area, contact an experienced law firm whose attorneys understand the ever-changing law in this area so your rights can be protected.