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Recent Posts in Narcotics Category

Defenses to Tampering with Evidence Charges - Criminal Defense Attorney in Sarasota and Bradenton

Generally speaking, tampering with evidence involves altering, destroying, or concealing something in order to prevent it from being used by the police. There are several issues that may arise in the ...
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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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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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What is an inventory search of my car in Florida?

Most people are familiar with your typical search and seizure scenario - a cop comes to someone's door holding a piece of paper indicating a judge has granted them access to the home to search for ...
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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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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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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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