Articles Posted in Drug Crimes

Access to Florida’s drug court system can play a pivotal role in shaping the outcome of a criminal case, particularly for defendants whose conduct stems from substance abuse challenges. When a trial court improperly denies admission to drug court, the consequences can significantly alter a defendant’s exposure to penalties and available treatment options. A recent decision from a Florida court highlights the importance of ensuring that trial courts follow the statutory eligibility criteria and avoid unsupported decisions lacking competent, substantial evidence. If you are accused of a drug offense, it is in your best interest to consult with a Tampa criminal defense attorney because errors in drug court eligibility rulings can be corrected through appellate intervention. Individuals facing similar issues should consult a Tampa drug crime defense attorney as soon as possible.

Facts and Procedural History

Allegedly, the defendant petitioned for a writ of certiorari after the county court denied his request for admission into drug court. The defendant argued that the ruling departed from the essential requirements of law because it lacked competent substantial evidence and conflicted with the governing statutory criteria.

Reportedly, the defendant’s motion for drug court admission cited section 948.08(6)(b), Florida Statutes, which sets forth the eligibility requirements for voluntary admission into a pretrial substance abuse education and treatment program. The motion asserted that the defendant had a documented substance abuse problem, was amenable to treatment, was charged with a nonviolent felony, and had no more than two prior nonviolent felony convictions. Continue Reading ›

In Florida criminal cases, evidence of prior bad acts is typically excluded to avoid prejudicing the defendant. However, such evidence may be admitted for specific purposes, like demonstrating intent or knowledge. In a recent drug crime case, a Florida court considered the admission of such evidence under Rule 404(b) and ultimately upheld the trial court’s decision to allow evidence of prior bad acts. If you are accused of committing a drug offense, you should consult with a Tampa drug crime defense attorney to evaluate your legal options.

History of the Case

It is alleged that the defendant was convicted of several charges, including possession of controlled substances with intent to distribute and possession of a firearm as a convicted felon. The charges arose from a traffic stop and subsequent search of the defendant’s vehicle, during which law enforcement discovered firearms and various drugs.

Reportedly, the prosecution introduced testimony from a witness who claimed the defendant had sold him drugs numerous times before the incident in question. The defendant objected, arguing that the testimony was irrelevant to the current charges and unduly prejudicial. The trial court overruled the objections, finding that the evidence was admissible to establish the defendant’s intent and knowledge. After his conviction, the defendant appealed, challenging the admissibility of the prior bad acts evidence. Continue Reading ›

Pursuant to the Armed Career Criminal Act, people convicted of serious drug offenses may face enhanced penalties if they are later convicted of another crime. There is often a dispute over what constitutes a serious offense, however. Recently, the United States Supreme Court clarified the Armed Career Criminal Act, ultimately adopting a backward-looking approach. If you are accused of a crime and have a history of drug crime convictions, it is advisable to speak to a Tampa drug crime defense attorney about your potential defenses at your earliest convenience.

Facts and Procedure of the Case

It is reported that in 2016, police officers conducted a warrant-authorized search of the defendant’s home, where they found cocaine, scales, and a loaded firearm. Subsequently, the Middle District of Pennsylvania accepted the defendant’s guilty plea to one count of drug distribution and one count of being a felon in possession of a firearm in July 2019. The Probation Office recommended sentencing the defendant under the Armed Career Criminal Act (ACCA) due to his five prior convictions: four for possession of marijuana with intent to deliver and one for delivering cocaine.

Federal sentencing statutes allow the courts to impose increased penalties for each subsequent conviction for a serious drug offense. It may not always be clear what constitutes a serious drug crime, however. In a recent Florida opinion issued in a drug offense case, the court discussed what constitutes a serious offense before affirming the defendant’s sentence. If you are accused of drug trafficking, it is imperative to meet with a Tampa drug crime defense lawyer as soon as possible.

Factual and Procedural Setting

It is reported that the defendant entered guilty pleas to charges of conspiracy to distribute and possession with intent to distribute a controlled substance and other offenses. The trial court sentenced the defendant to ninety months in prison to be followed by four years of supervised release. The court, in determining the defendant was an armed career criminal, relied on three prior state law convictions for “serious drug offenses.” Specifically, it looked at his convictions for delivery of cocaine, possession or cocaine with intent to sell or deliver, and conspiracy to traffic cocaine. The defendant appealed.

Serious Drug Offenses Under Federal Law

On appeal, the defendant contested the classification of his conviction for conspiracy under state law as a “serious drug offense,” arguing three points challenging the nature of the offense and its federal implications. Continue Reading ›

It is axiomatic that under state and federal law, a person cannot be charged with or convicted for the same crime more than once, as doing so would violate their protections against double jeopardy. Merely because a person is convicted of violating a specific statute more than once does not necessarily mean that their rights have been violated, however, as illustrated in a recent Florida ruling issued in a drug crime case in which the court affirmed the defendant’s conviction. If you are faced with accusations that you committed a drug-related crime, it is wise to contact a Tampa drug crime defense lawyer regarding what steps you can take to protect your rights.

History of the Case

It is reported that the defendant was convicted in 2016 of four counts related to the possession and distribution of heroin. His PSI categorized him as a career offender based on multiple previous felony convictions for controlled substance crimes, including two convictions for the sale of cocaine in violation of Florida law and one conviction for conspiracy to possess cocaine and cocaine base with intent to distribute in violation of federal law. The defendant objected to these calculations during sentencing, arguing that he was being charged for the same cocaine convictions multiple times, raising a double jeopardy claim.

It is alleged that in the district court affirmed the PSI’s calculations, and his sentence was upheld on direct appeal. In 2022 the defendant filed a Rule 36 motion, contending that his prior state and federal cocaine convictions should be scored as a single offense for the purposes of calculating his criminal history in relation to his 2016 heroin conviction. The trial court denied his motion, which led to the current appeal.

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For decades, certain people convicted of certain drug offenses were unjustly punished more harshly than those found guilty of similar crimes. In an effort to rectify such inequities, the United States government enacted the First Step Act, which among other things, reduces the sentencing disparity between similar drug crimes. The Act applies retroactively, meaning many people convicted of covered drug offenses are eligible to have their sentences reduced. In a recent Florida opinion, the court discussed the Act and what constitutes a qualifying offense for purposes of sentence reduction. If you are charged with a drug crime, it is smart to meet with a Tampa drug crime defense attorney to examine your potential defenses as soon as possible.

History of the Case

It is reported that the defendant moved for a sentence reduction under the First Step Act. The court denied his motion, and he appealed. He then filed a motion for reconsideration, which was denied as well. He filed a second appeal; in response, the government moved for summary affirmance.

Sentence Reductions Under the First Step Act

The court ultimately granted the government’s motion. It noted that summary disposition is appropriate in cases where one party’s position is clearly correct as a matter of law. The court generally reviews de novo whether the district court had the authority to modify a defendant’s sentence under the First Step Act, but the denial of a motion for reconsideration is reviewed for abuse of discretion. Continue Reading ›