Possession/Drug Charges Case Results
Charges: Count 1 — Possession of Cocaine, Count 2 — Reckless Driving
Case Number: 2014CF007216AXX
Facts: Our client was immediately arrested upon being stopped for “reckless driving.” The allegations were that he was speeding in excess of 40 mph over the limit. A search of the vehicle revealed cocaine that had been concealed. He was subsequently charged with possession of cocaine and reckless driving.
Results: As per Florida statute, and case law, speeding alone does not amount to reckless driving. Therefore, we filed a motion asking to suppress any and all evidence stemming from this unlawful arrest. After the state received our motion, they agreed to “no file” the felony charge and to down file the case to a misdemeanor. Our client received a withhold of adjudication to this misdemeanor possession of drug paraphernalia charge, allowing him to have this whole case sealed from his record in the future.
Charges: Count 1 — Possession of Hallucinogens, Count 2 — Possession of Marijuana Less Than 20 Grams
Case Number: 2013CF011492AXX
Facts: Our client was pulled over for allegedly “swerving within his lane.” After smelling marijuana, the officer had reasonable suspicion to search his vehicle. The subsequent search found LSD and marijuana, and our client was charged and arrested for both counts.
Results: We argued that in Florida, you cannot be simply pulled over for weaving in your lane if the officer doesn’t mention in the report that the reason for the stop was a safety check. After filing a motion to suppress based on an illegal stop, we were able to get the felony, count 1, “nolle prossed.” The count 2, misdemeanor, was resolved to a withhold of adjudication and payment of court costs. The withhold of adjudication allows our client to have this whole case sealed from his record in the future.
Charges: Possession of Marijuana Over 20 Grams
Case Number: 2014CF003717AXX
Facts: Our client was charged with receiving a large package of marijuana through the mail after it was intercepted by federal agents. After making a controlled delivery of the package and storming the house, narcotics agents referred the case to the state attorney, and our client was subsequently prosecuted.
Results: We filed a motion to inspect the evidence, including the box in which the marijuana was delivered in. The box was addressed to someone with a different name and had “return to sender” written on the package. We argued this distinction, and as a result, we were granted a “nolle prossed,” allowing our client to have this whole case expunged from her record in the future.
Charges: Possession of Cocaine
Case Number: 2014CF002032AXX
Facts: Our client, was on probation for DUI, and had his date drive his car. She was later stopped for a traffic infraction. He gave consent to search the vehicle and nothing was found. Later, he was removed from the vehicle and questioned on the side of the road, while the driver remained in the vehicle unsupervised. Officers then searched the vehicle again and found a baggie containing cocaine under our client’s seat, and a handgun in the glove compartment. Our client was arrested and charged with possession of cocaine.
Results: We immediately obtained a copy of the dash cam video of the backup officer and all other evidence. We were able to successfully argue that the cocaine could not have possibly belonged to our client, since the initial search rendered nothing. It was not until after his date was left alone in the car, and a secondary search occurred that cocaine was discovered. The state entered a “no file,” dismissing all charges within 30 days of arrest.
Charges: Possession of Marijuana Over 20 Grams
Case Number: 2016CF002930AXX
Facts: Our client was woken up by U.S. marshals kicking down his door and executing an arrest warrant for a guest staying overnight. The guest was arrested for trafficking large amounts of marijuana. After the guest was taken into custody, our client was told that his house “reeked” of marijuana. Under duress, our client gave consent for the officers to search his home. Narcotics agents from the Palm Beach County Sheriff’s office arrived, searched his home and allegedly found more than 20 grams of marijuana.
Results: Based on the pending charges against the house guest, we were able to argue to the state that they did not have enough evidence to show that the marijuana belonged to our client. Furthermore, we raised various legal issues with the search, including the fact that no warrant was ever produced. As a direct result, the state downfield the charges to misdemeanor possession charges. We were then able to negotiate to dismiss these charges if our client completed a 4-hour online drug course and 10 hours of community service. The state agreed.
Charges: Possession of Hashish, Possession of Marijuana Less Than 20 Grams, Possession of Controlled Substance without Prescription, Possession of Paraphernalia (Six Counts)
Case Number: 2015CF002215AXX
Facts: Our client was pulled over for improper change of lane. After allegedly detecting the smell of marijuana, officers searched the vehicle and found marijuana wax (concentrated marijuana), marijuana, three glass pipes and a grinder. Our client then allegedly admitted to all of it being his.
Results: We were able to negotiate with the state to dismiss all but the first three counts. For the first three counts, we were able to argue to the state to let our client enter into a pretrial intervention program. Upon successful completion of the program, all charges were dropped. As of now, all charges have been dismissed, and our client is eligible to have this entire case expunged.
Charges: Possession of Cocaine
Case Number: 15007081CF10A
Facts: Our client and his date were approached by police as they were on the side of the road attempting to find jewelry that had fallen out of our client’s vehicle. The deputy told them to forget about the jewelry and leave the area. Just a few blocks down, our client’s vehicle’s tire was punctured and became flat. He was approached by the same deputy who told him to hurry up or he would be arrested. Frustrated, our client spoke to the deputy in an unflattering tone, and was then immediately arrested and placed in handcuffs. A search incident to arrest revealed a cocaine baggie in our client’s shorts.
Results: We strongly advocated to the state that they abandon all charges because it was our position that our client was illegally stopped and detained by the deputy. His arrest was also unlawful, because simply addressing the deputy in an unflattering tone is not a crime for which you can be arrested. We relentlessly debated with the state regarding these legal issues until they agreed to abandon prosecution in this case by entering a “no file.”
Category: Possession/Drug Charges
Case Number: 2016CF003813AXX
Facts: Our client was in a friend’s vehicle, outside of a bar, with a date. Unbeknownst to our client, the driver had stashed cocaine in the car. When police approached the car and requested consent to search the car, the cocaine was found, but no one took ownership. Our client’s date said it was hers, so our client objected, telling the officer he knew it was not hers. The officer believed this to mean that the cocaine belonged to our client, and arrested him for possession of cocaine.
Results: We quickly argued the flaws in the case, including, but not limited to, the fact that someone else on the scene clearly admitted the drugs to be theirs. After reviewing the video evidence and reports, we conveyed our concern regarding the inconsistencies in the evidence. We successfully negotiated with the state to abandon prosecution on the charge of possession of cocaine and enter a “no file.”