Recently in Drug Crimes Category

May 21, 2010

Jacksonville Duval County Drug Crimes Attorneys Will No Longer Have Post-Conviction Drug Court

In October 2009, Jacksonville, Duval County, Florida began a post-conviction drug court. This Jacksonville drug offender program is aimed at rehabilitating drug users in Duval County. It is a Jacksonville drug program that can be used in lieu of a Florida prison sentence. Duval County was awarded grant money in the amount of $1.4 million to fund the program. However, court officials rejected the program due to opposition from the State Attorney's Office.

The Jacksonville post-conviction drug program was not intended to give drug offenders a "break" from serving jail time. Instead, "the new program [gave] judges the opportunity to send nonviolent drug offenders to drug court after they'e been convicted with the knowledge they go strait to prison if they fail." In general, prison is not going to stop a drug addict from reoffending, because the point of prison is to punish, not rehabilitate. The Jacksonville Duval County post-conviction drug court would have created an alternate sentence that would rehabilitate drug addicts while saving the State of Florida and City of Jacksonville money. Jacksonville Criminal Attorneys that represent defendants charged with drug crimes will no longer be able to help their clients obtain a sentence involving this program. However, Jacksonville Drug Crimes Attorneys will be able to pursue other similar remedies, such as probation.

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April 16, 2009

Jacksonville Constructive Possession of a Controlled Substance in a Jointly-Occupied Vehicle

As a Jacksonville Criminal Defense Lawyer, I have handled numerous possession of a controlled substances cases.  Arrests for possession of a controlled substance, such as marijuana or cocaine, occur every day in Jacksonville, Florida.  A person can be in actual or constructive possession of cocaine.  Actual possession occurs when the drug is physically "on" or extremely close to the person.  Constructive possession occurs when the drug is in a location where the person concealed it or has control over it.  

In Jacksonville, in order for a criminal defendant to be convicted of constructive possession, the prosecutor must show the defendant had 
  1. knowledge of the presence of the controlled substance and 
  2. the ability to exercise dominion and control over it.  
Jacksonville constructive possession is difficult to do if the defendant is in a car occupied by more than one person.  In fact, in a recent Florida case, Brown v. State, 34 Fla. L. Weekly D773a (Fla. 4th DCA 2009), ruled that the State of Florida did not prove that the driver of a vehicle was in constructive possession of Xanax which was located in the center console of the vehicle.  The driver and a passenger were in the vehicle, and either one of them could have been in possession of this drug.  The court ruled this way, because the prosecutor failed to present sufficient, independent evidence that the defendant knew about the presence of the Xanax and had the ability to control it.  
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January 19, 2009

Cash is Irrelevant in Florida Possession of Cocaine Cases

766702_white_powder.jpgIn Jacksonville possession of cocaine cases, the prosecutor will often attempt to enter into evidence the fact that the Jacksonville possession of cocaine defendant had a large amount of cash in his possession.  Obviously, this highly prejudicial to the Jacksonville possession of cocaine defendant.  When a defendant is alleged to have illegal drugs and large amounts of cash on his person, most juries will look at the defendant and see a drug dealer.  Evidence of cash in a Jacksonville possession of cocaine case is irrelevant and should not be allowed.  In mere Jacksonville possession of cocaine cases, the defendant is not alleged to have sold the cocaine.  He is merely in possession of the cocaine.  Therefore, the fact that he has a large amount of cash on his person has nothing to do with the possession of cocaine, and is irrelevant.  To learn more about Jacksonville possession of cocaine evidence law, read Mosley v. State or contact a Jacksonville Possession of Cocaine Attorney


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November 17, 2008

Florida Teacher Arrested for Delivery of Drugs

Police arrested a Florida teacher, Valerie Elaine Sabarese, for possession and delivery of heroine and crack cocaine.  Hillsborough County Police claim that she sold undercover detectives the illegal drugs at a convenience store.  

In Florida, sale of a controlled substance, such as cocaine and heroine, is a second degree felony and can result in a maximum of 15 years in Florida State Prison.  However, Ms. Sabarese's case has another obstacle to overcome.  Florida Law increases the penalty for sale of a controlled substance if it is within 1,000 feet of a convenience store.  In that situation, the sale of cocaine and heroine is a first degree felony and is punishable by up to 30 years in Florida State Prison. 

Although this crime occurred in West Florida, the law is the same for the entire state, including Jacksonville, Florida.  As a Jacksonville Florida Drug Crime Attorney, I have handled many cases involving sale of cocaine and other controlled substances.  In some cases, the criminal defendant is not guilty of the offense, and there may be an issue of mistaken identity.  In other cases, the criminal defendant may have sold the drugs due to an excessive drug problem.  A Jacksonville Florida Drug Crime Lawyer understands that each case is different and requires special attention.  
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