Tag: Drug Charge

Criminal Defense, Drug Charge, Legal Blog, Legislative Update, License Suspension

Legislative Update – License Suspension reduced for Drug Charges in Florida

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As of July 1, 2014, Florida Statute 322.055 has been revised to reduce the period of driver license suspension from two (2) years to one (1) year in drug cases.

Before the statute change, Florida law required driver’s licenses to be suspended for two years for a drug conviction, including possession, sale, trafficking of a controlled substance. Many people did not realize that pleading guilty to a cocaine charge, for example, would not only cause a third degree felony conviction, but also a two year license suspension. Now, anyone convicted of drug charges is to have their license revoked for 1 year (or, if necessary, until the person is evaluated and completes a drug treatment and rehabilitation program). However, the court also has discretion to court to determine whether the defendant may apply for a restricted license (a license that is valid for business or employment purposes only). Further, after 6 months of the license being suspended, the driver may petition the DMV for restoration of the driving privilege on a restricted or unrestricted basis.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Drug Charge, Legal Blog, Marijuana

Florida Drug Schedules

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Florida Statute 893.03 categorizes controlled substances into different schedules: Schedules I, II, III, IV, and V. 

Pursuant to the statute, the drug schedules are as follows:

Schedule I: Schedule I drugs are controlled substances with a high potential for abuse and/or addiction and no legally accepted medical use. Substances in Schedule I include, but are not limited to: heroin, ecstasy, cannabis, mescaline, LSD, and peyote.

Schedule II: Schedule II drugs are controlled substances that also have a high potential for abuse/addiction but have severely restricted medical use. Substances in Schedule II include, but are not limited to: cocaine, codeine, hydrocodone, methadone, methamphetamine, morphine, opium, and oxycodone.

Schedule III: Schedule III drugs are controlled substances that have less potential for abuse and addition, and have accepted medical use. Substances in Schedule III include, but are not limited to: vicodin, ketamine, anabolic steroids including testosterone (but not including estrogens, progestins, and corticosteroids), and medicines with less than 1.8 grams of codeine per 100 milliliters, or with less than 300 milligrams of hydrocodone per 100 milliliters, or less than 50 milligrams of morphine per 100 milliliters.

Schedule IV: Schedule IV drugs are controlled substances with low potential for abuse or addiction but are mildly addictive when abused, and that have accepted medical use. Substances in Schedule IV include, but are not limited to: alprazolam (xanax), diazepam, and muscle relaxants.

Schedule V: Schedule V drugs are controlled substances with low potential for abuse and with accepted medical use. Substances in Schedule V include, but are not limited to: low amounts of codeine and stimulants.  

A complete listing of the substances in each schedule can be found in Florida Statute 893.03. Additionally, the potential penalties for unlawful possession of the various drugs can be found in Florida Statute 893.13. 

Anyone who is facing drug charges in Palm Beach County should contact a criminal defense attorney, as the penalties can be severe, depending on the amount and type of controlled substance allegedly possessed.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Search and Seizure

Consensual Encounter – Consent to Search

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An interesting case recently came out in the 2nd DCA regarding consensual encounters with police officers.

In the case, a police officer initiated a consensual encounter (or, an encounter with a person who is free to leave at any point) with an 18 year old high-schooler. The officer asked the student for his identification, which the student handed to the officer. The officer placed the student’s ID card and wallet on the hood of his patrol car. The officer then asked if the student would consent to a search as an “officer safety” method to ensure the student had no weapons, which the student permitted. The officer ultimately found four hydrocodone pills in the student’s pocket, for which the student had no prescription. the student was placed under arrest for possession of hydrocodone, a felony in the State of Florida.

The student filed a Motion to Suppress the evidence (the hydrocodone pills) found by the officer, arguing that the pills were found during an unlawful search. The student argued that the encounter with the police officer transformed from a “consensual encounter,” where he was free to leave, into an illegal detention, where he was no longer free to leave, when the officer placed the student’s ID and wallet on the hood of his patrol car. The motion to suppress was denied.

In denying the motion to suppress the evidence, the court reiterated the rule of law that police officers are not required to tell people that they are free to leave during a consensual encounter. However, the 2nd DCA reversed the ruling, and held that the evidence should have been suppressed because the student was clearly being detained and not free to leave when the officer held onto his ID and wallet. Therefore, when the student allegedly consented to the search, the student’s consent was not voluntary – he felt compelled to comply with the officer’s requests as a result of the improper detention. As a result, the evidence obtained as a result of the subsequent search was found to be unlawful. The 2nd DCA ruled that the student’s case should be dismissed.

Cases where law enforcement officers conduct searches are often wrought with Constitutional issues. This case (Lane v. State of Florida) is a perfect example. However, it is important to remember that just because evidence obtained as a result of an unlawful search may be suppressed, the case will not always necessarily be thrown out all together as a result. The outcome of each case will depend on the specific facts of that case.

Anyone who has been arrested as a result of a search by a police officer should contact a criminal defense attorney to discuss the particular facts of the case and review any potential constitutional violations.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Marijuana

Marijuana Muffin Arrest

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In recent news, two roommates were arrested in Florida after an anonymous tip from Crime Stoppers led police to their apartment. When detectives arrived, they could allegedly smell a strong odor of marijuana emanating from the apartment. Based upon that, the detectives were able to detain the roommates and obtain a search warrant for the apartment. While searching the apartment, the police allegedly found pot muffins, batter, a marijuana plant, and loose marijuana,  in addition to a grinder and marijuana smoking devices (presumably bongs or pipes). The roommates were arrested and charged, among other things, with possession of marijuana under 20 grams violation of Florida Statute 893.13, and possession of drug paraphernalia in violation of Florida Statute 893.145.

As rehashed (no pun intended) in my prior blogs on the issue of marijuana laws in Florida (found HERE and HERE), Florida has NOT legalized recreational marijuana use. Possession of Marijuana and Drug Paraphernalia charges are actively being prosecuted in Palm Beach County and throughout Florida. Even the new Florida Marijuana law called the “Compassionate Medical Cannabis Act,” or “Charlotte’s Web,” (which legalizes medical prescribed cannabis oil for very limited and severe medical issues), does NOT legalize edible cannabis products, such as pot cookies, weed brownies, marijuana muffins, or cannabis candy. Possession of marijuana, regardless of the form, in an amount of 20 grams or less can be charged as misdemeanor, with penalties of up to one year in county jail, fines, and a driver’s license suspension. Possession of drug paraphernalia (including, but not limited to: grinders, scales, and pipes) is also still a misdemeanor, punishable by up to one year in jail.

One last note of importance: the odor of marijuana coming from someone’s doorway is enough evidence for police to obtain a search warrant, as seen in this case. Further, the police are lawfully allowed to detain a person until the search warrant is executed in order to prevent that person from destroying the potential evidence inside the home.

Marijuana charges are serious in Florida, regardless of whether the marijuana was baked in a muffin or was still a plant. Anyone who finds themselves facing marijuana charges should contact a knowledgeable Criminal Defense attorney.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Marijuana

Florida Marijuana Laws

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There has been a lot of confusion in the general public regarding Florida’s marijuana laws in light of the new “Charlotte’s Web” legislation. The State of Florida has recently legalized the very limited use of medical marijuana, which must be prescribed by a doctor and must only be in the form of cannabis oil. Additionally, there is an amendment pending on Florida’s November ballot, Amendment 2, would allow for much broader medical use of marijuana. However, recreational possession and use of marijuana is still illegal in the State of Florida.

As discussed in my prior article, Marijuana in Florida, the new Florida Medical Marijuana law does not authorize the private use or growing of marijuana.  The State of Florida, including the Palm Beach County State Attorney’s Office, is still heavily prosecuting marijuana crimes. Smoking marijuana and possession of marijuana are still considered  first degree misdemeanors in the State of Florida under Florida Statute 893.13 and are punishable by up to 1 year in county jail if the possession was under 20 grams. Further, a conviction for marijuana possession will result in a 1-year driver’s license suspension. Possession of drug paraphernalia is also a first degree misdemeanor in the State of Florida, punishable by up to one year in county jail. That means that possession of water pipes, bongs, roach clips, and other objects used for ingesting or inhaling cannabis, hashish, and hashish oil is illegal. Florida Statute 893.145 provides the full list of unlawful drug paraphernalia.

Marijuana charges are serious, and can have severe consequences in the State of Florida. If you are facing marijuana charges, contact a knowledgeable attorney who can review your case and help guide you through the system.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.