Category Archives: Drug Crime
Orange County Jury Convicts Man on Fentanyl Trafficking Charges
Drug trafficking carries some of the harshest criminal penalties under Florida law. “Trafficking” itself is broadly defined to include any act involving the sale, purchase, manufacture, delivery, or transport of drugs into Florida, as well as conspiring with others to do so. The actual penalty for drug trafficking generally depends on the quantity of… Read More »
Can a Judge Consider “Acquitted Conduct” in Determining a Drug Trafficking Sentence?
In any criminal trial, the government must prove a defendant’s guilt “beyond a reasonable doubt.” Without such proof, the jury must acquit the defendant. But what happens when a jury finds a defendant guilty on some charges but not others in the same case? Can the trial court still consider the “acquitted conduct” in… Read More »
How Serious Are the Penalties for Fentanyl Trafficking in Florida?
Recently, there has been some moderately good news regarding the fentanyl crisis that has affected Florida and most other parts of the United States. In early November, the Centers for Disease Control and Prevention reported that fatal overdoses of fentanyl were down 14.5 percent from 2023, marking the “lowest level of drug deaths in… Read More »
Can Florida Police Officers Seize Possible Evidence in “Plain View”?
Even when the police lawfully stop and detain you, officers usually still need a warrant to search your personal effects without your consent. There is an exception, however, for anything that is considered in “plain view” of the officer. This exception has three requirements: The officer must be in a place where they have… Read More »
Do All Members of a Drug Conspiracy Need to Be Sentenced the Same?
It is fairly common for state and federal prosecutors in Florida to charge multiple individuals with conspiracy to distribute illegal drugs. A conspiracy charge allows you to hold each individual co-conspirator criminally responsible without necessarily having to show what each participant did to advance the underlying crime. At the same time, sentencing judges retain… Read More »
What Is the “Safety Valve” in a Florida Drug Trafficking Case?
Federal law requires judges to impose mandatory minimum sentences for a number of criminal offenses. There is an exception, however, often known as the “safety valve.” The safety valve permits a judge to impose a below-minimum sentence–even over the government’s objections–in certain drug trafficking and unlawful drug possession cases. Not every defendant is entitled… Read More »
Can the Police Search Your Property After You “Abandon” It?
It is a basic principle of constitutional law that in most cases, the police may not search a person’s property without either the owner’s consent or obtaining a valid search warrant. One exception to this rule is for “abandoned property.” In simple terms, if you voluntarily abandon property, there is no longer a “reasonable… Read More »
Can the Government Prosecute You for Having Drugs in Another Country’s Waters?
There is a common misconception that if you are on a boat in “international waters,” you are essentially free to do whatever you want without fear of criminal prosecution. That is not true. Under the United States Constitution, Congress has the authority to define and punish felonies that occur on the “high seas,” which… Read More »
Can the Government Use a “Substitute” Expert Witness?
The Constitution guarantees every criminal defendant the right to “confront” the witnesses against him at trial. In simple terms, this means the defendant–or more commonly, their attorney–can cross-examine the prosecution’s witnesses. Put another way, the prosecution cannot use the testimony of people who are not in the courtroom to convict the defendant. There is… Read More »
Do COVID-Related Delays in Arresting a Defendant Violate Speedy Trial Rights?
The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to a “speedy trial.” The difficulty is that the Sixth Amendment itself never defines “speedy.” Over the years, Congress and the federal courts have developed certain laws and tests to help define the right to a speedy trial more precisely…. Read More »
