Florida has a reputation for having easy access to drugs, but the state also has a reputation for handing out harsh punishment to those who get caught up with drugs. It is important to understand that there are classifications of substances, and not every case will be the worst case scenario. For instance, a possession of marijuana case will not be punished in the same was as manufacturing methamphetamine or distributing cocaine. Not only does the type of substance play a role in what type of charges are filed against you, but so do the actions taken in connection with the substance.
Four different types of drug charges that can be filed, regardless of the substance, include:
- Possession of a controlled dangerous substance.
- Distribution of a controlled dangerous substance.
- Possession with the intent to sell,… Continue reading
Even though a lot of states are starting to legalize marijuana, at least for medicinal purposes, possession of marijuana is still a common criminal charge. Considering that several issues surrounding legalized use for medicinal purposes has been put to a vote (and generally accepted by the voters), it can be hard to know what is allowed and what is prohibited. Even with a legalization of marijuana for medical necessity, there are still several circumstances where possession of marijuana is illegal. And while many cases are classified as misdemeanors, the range of possible punishment can still be severe. Knowing what you might face is helpful; because it will help you put together the facts of your case and develop an effective defense.
If you engage in one or more of the acts still classified as illegal where marijuana is concerned, here are three types of… Continue reading
Two Major Differences Between Driving Under The Influence Of Alcohol And Driving Under The Influence Of Drugs
When most people hear the term “DUI” they think of someone who has been pulled over after drinking. But the truth is that any substance that impairs your ability to drive can be considered a DUI. This includes driving after smoking marijuana or taking other drugs. The bottom line is that if you drive after drinking, smoking weed, or taking other drugs you can be charged with DUI and in some cases will face additional charges.
A DUI is legally defined as driving with a blood alcohol content of 0.08% or higher. However if you test positive for other substances you can be charged with DUI and other moving violations. Two major differences between a DUI that involves alcohol and one that includes drugs are:
- If you are charged with a drug related DUI you will face drug related charges, which usually… Continue reading
The law is full of definitions and phrases that are subject to interpretation. One of the most commonly used phrases of art in criminal law is “intended to be used”…in connection with some sort of drug possession or paraphernalia charge. Defense attorneys see this a lot, especially with youthful offenders. Being charged with possession could mean possession of an actual substance, or the paraphernalia used in connection with the substance. In either instance it is important to vigorously defend the charges, and we can help.
Florida law gives the authorities broad powers when making claims that certain items are classified as drug paraphernalia. For example:
- How close in proximity the item was found to an actual controlled substance.
- Whether residue of a substance is found on the item.
- What has been said about the use of the item, by a person with the authority… Continue reading
Drug cases often turn on whether the defendant was in possession of a controlled substance or paraphernalia, and most people think this requires the prosecution to show that the defendant had something on their person. But there are actually two types of possession as far as the law is concerned, and either one of them can cause you to face a possession charge. Understanding the different types of possession, as the law defines both, will help you to properly defend the charges against you.
The two types of possession for drug cases include:
- Actual possession: this means the defendant actually had the item or drug on them, personally. This happens most frequently when drugs are found in your pockets, in a cup or other container you are holding, or in your bare hands.
- Constructive possession: this means the defendant did not have… Continue reading
There are several reasons to remain drug free, the least of which is how mixing drugs and alcohol can impact you physically, and legally. Possession charges can lead to jail time, but when you take the wheel of a car and combine drugs and alcohol the legal equation becomes quite difficult. DUI charges become enhanced when drugs are involved and you can be looking at hard jail time if you do not act fast. This is true even if you are dealing with a seemingly harmless substance, such as marijuana.
A lot of people look at smoking marijuana as nothing more serious than smoking a cigarette. And, with a handful of states legalizing the drug it is easy to take for granted some of the side effects of the substance. For instance, you might be surprised to learn that marijuana can stay in your… Continue reading
With so many states taking steps to legalize marijuana, possession of the substance is becoming more and more common. But Florida has not yet made the leap to legalization, and possession remains a crime. The range of punishment if you are caught with marijuana depends on several factors, one of which being the quantity possessed. If the amount is less than 20 grams, the offense is a misdemeanor. The idea of being charged with a misdemeanor does not usually conjure up serious punishment in the minds of most people, but when talking about possession of marijuana, the consequences can be severe.
Possession can be the actual possession of the substance, or possession by another while under your control and within your knowledge. The charge is serious, but not impossible to defend. A good starting point when developing a defense is understanding the… Continue reading
On the other side of the country a couple of states have legalized the use of marijuana. The issue is current, and one that makes the news on a regular basis. Questions about whether the tax revenue raised from marijuana sales have significantly increased the money in the state’s coffers, and whether driving after smoking is the same as driving after drinking are frequently asked. But there is another issue that is making its way to the spotlight, and that is the issue of the impact of smoking and drinking at the same time. More specifically, opponents of marijuana legalization claim mixing the two can be deadly to the user or to other motorists if the user drives after mixing these substances.
By now it is common knowledge that a handful of states have legalized marijuana. The first wave of legalization was for medicinal purposes, but in some states with those laws the move to legalize the drug for recreational use has also been made. Paving the way for more lenient laws regarding marijuana use was the State of Colorado. Now, the rocky mountain state is fighting a new battle regarding their use laws. A proposal to create a bank that would service the marijuana industry. This proposal was quickly shot down by the federal government, because the laws on marijuana legalization are not uniform across the states and there are still federal laws in place against use and/or possession, among other activities.
Not having a banking institution that can service lawful marijuana activity may not seem like a big deal, but it does present several… Continue reading
Most DUI cases involve more than just the charge of drinking and driving. There is usually a traffic ticket that goes along with the DUI, or there may have been an accident with injury, and it is even possible that alcohol is not the only substance found in the driver’s bloodstream. Some cases involve not only alcohol, but also drugs. One of the most common drugs found either in the driver’s blood or in the vehicle, is marijuana. Specialized legal strategies are required for cases of this dual nature, which includes a thorough investigation of several factors.
In Florida, the DUI statutes call for a citation to be given for DUI when the blood alcohol content is 0.08% or more. When this circumstance is coupled with finding drugs on the defendant, the following things must be explored as well:
- The timeframe leading… Continue reading