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Recent Posts in Drug Crimes Category

Charged with possession of a drugs after an overdose in Florida?

If you overdosed and were later charged a violation of Florida Statute 893 (the most common being possession of a controlled substance, possession of opiate pills, possession of heroin, possession of ...
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What is a "welfare check" or the "community caretaking doctrine"

A law enforcement officer generally cannot search or seize you without reasonable suspicion or probable cause that a crime has taken place, or is about to take place. What this means is that a cop ...
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What is the difference between drug offender probation and regular probation?

While the terms of probation can vary from area to area, there are some specialzed probation programs that will be given in some cases. One of the more popular types of probation in Sarasota and ...
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The police officer is lying: I never gave consent to search

It is becoming increasingly common to read police reports where evidence of drugs was allegedly found after a "consensual" search only to speak to the defendant who is adamant that he or she ...
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I was holding someone else's valid prescription and I was arrested for possession of a controlled substance. OR What is the prescription defense?

Florida law permits an individual to legally possess a controlled substance obtained pursuant to a valid prescription. The “prescription defense” is available to the prescription holder, ...
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Did you get a DUI and get in an accident? The state may not be able to use any statements that you made during the traffic investigation against you!

The accident report privilege prohibits the state from using statements made by persons involved in a crash against them, if the statements were made to law enforcement during the course of an ...
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The state (prosecutor) wants jail, can I do rehab instead?

There are situations where a defendant in a criminal case can convince the state (prosecutor) to allow the defendant to enter into a residential rehab program rather than jail. It will usually depend ...
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In Florida, can trafficking minimum mandatories be waived?

Florida's drug crimes are strict, especially trafficking charges. Trafficking charges are not much harder to prove for the state than a simple possession case, but carry a much heftier penalty. ...
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Cops investigated a crime but haven't made an arrest? What's going on?

As odd as this question may first sound, people often become concerned when there is a delay between investigation and arrest. Many times a detective will talk with an individual, the individual may ...
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I was arrested and charged with DUI but I was not drinking or taking drugs, can I be convicted of DUI?

The state must be able prove that you were under the influence of alcohol and/or a controlled substance in order to successfully convict you for driving under the influence. If the state has no ...
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Can I smoke marijuana in Florida if I have a prescription for it from another state?

The simplest answer is no. Florida has not recognized a medical use for marijuana and has not yet enacted legislation recognizing prescriptions from other states. Possessing or smoking marijuana in ...
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What is the difference between actual possession and constructive possession in Florida?

In order to convict one for possession of drugs or paraphernalia the state must prove that the person was in actual or constructive possession of the controlled substance or paraphernalia. Actual ...
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Can I be charged with possession of controlled substance if I have a prescription in Florida?

In Florida, it is illegal to possess any controlled substance without a prescription. Having a prescription can be a defense to this charge depending on the substance. If you are charged with ...
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What is Doctor Shopping in Florida?

It seems there is a newspaper article at least once a week reporting that someone is arrested for "doctor shopping". See today's article regarding a Sarasota woman who was arrested for ...
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What is PTI (Pre-Trial Intervention)?

While the State generally reccomends jail, prison, or probation as sanctions for a criminal charge, there is another possible alternative. Usually referred to as PTI or PTD, pre-trial intervention or ...
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Guide to Drug Crimes--Part 3

What are Some Possible Penalties? In addition to some penalties already discussed, drug crimes bring some standard sanctions. Among the variable sanctions are community service hours, drug evaluations ...
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Guide to Drug Crimes--Part 2

What are the Different Drug Crimes? The simplest drug crime is "possession". This is where an individual is in actual or constructive possession of a controlled substance. Actual possession ...
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Guide to Drug Crimes--Part 1

Drug crimes, often referred to as "narcotics" offenses or "controlled substance" charges, are the most prevalent crimes committed in Florida. Everyone is familiar with common ...
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Adjudication vs. Adjudication Withheld

It is often asked what the difference between being adjudicated and having adjudication withheld means. A formal adjudication is just as it sounds, you are dubbed "guilty" of a crime and ...
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The difference between "no contest" and "guilty"

Everybody knows what a "not guilty" plea means--that you are innocent and did not do whatever the State is accusing you of. There are two alternative choices that are similar, but have ...
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