If a person is caught smoking Marijuana with someone else, but the stash does not belong to the first person, legally they should not be charged with a crime. The law says that possession of marijuana is a crime, but being in the same room as the drug is not. While the distinction may seem to...
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Medical marijuana amendment fails in Florida, pot still illegal to possess.
Florida's medical marijuana amendment did not pass yesterday in the election. Even though a majority of the voters voted in favor of passing the medical marijuana amendment, receiving 58% of the vote, it fell 2% shy needed to pass. In 2006, Florida voters decided all constitutional amendments needed a "super majority" to pass (60% instead...
Read MoreBartow high school teacher arrested for possession of cannabis and paraphernalia.
Over the weekend, a Bartow high school teacher was arrested for possession of marijuana and paraphernalia (a grinder). WFLA channel 8 is reporting that Polk County Sheriff deputies allegedly went to the teacher's house in response to a tip that the teacher was in possession of the marijuana. Once the deputies arrived, they alleged smelled...
Read MoreMarijuana Possession, Use and Sale Remain Federally Illegal, Though Enforcement Is Spotty
Each state has its own marijuana laws. If you are arrested, you need to know which laws are applicable to your case. In 2012, Washington and Colorado became the first two states to legalize, regulate and tax recreational possession of cannabis. The laws in those states permit a person 21 years of age to buy...
Read MoreProposed medical marijuana amendment approved by Florida Supreme Court. How will it affect criminal cases
The medical marijuana amendment has made it to Florida’s ballot in time for the next governor’s election. Voter polls currently indicate that the amendment will pass easily and medical marijuana will become legal in the state of Florida. How will this affect criminal cases? The potential effect on the police, when law enforcement can search...
Read MoreDistinguishing a Florida Misdemeanor from a Felony: A Basic Guide
People are often confused by the distinction between felonies and misdemeanors. Simply put, the difference lies in the severity of the penalties applicable. Criminal law in the State of Florida is usually divided into two categories: felonies and misdemeanors. There is another classification, called “common law crimes”, but those designations usually have attributes of the...
Read MoreTampa Bay Buc player arrested for possession of cannabis
Akeem Spence of the Tampa Bay Bucs was arrested in Alabama for possession of marijuana. He was allegedly pulled over for speeding and eventually the troopers conducted a canine (K-9) search of the vehicle. The drug sniffing dogs allegedly alerted to the presence of controlled substance in the car and a subsequent search by the...
Read MoreTeacher Sexting Student Results In Arrest And Conviction
Technology in schools has introduced potentially new disturbing behavior, such as a teacher allegedly sexting students. This Florida case appear unseemly, but we need to remember that not everything may be the way it looks. And, according to the Constitution, everyone is considered to be innocent until proven guilty, not the other way around. In...
Read MorePolk county felony attorney explains new federal drug dog sniff case
Today, the U.S. Supreme Court ruled on when police can use a drug sniffing dog to search your home. Previously, I blogged about this case and the ruling came out today. This case started out in Florida also. This time, the U.S. Supreme Court upheld the Florida Supreme Court’s decision in Florida v. Jardines. In...
Read MorePolk County officer stops you for no valid reason can the criminal charges be thrown out
Previously I wrote about Florida’s Noise statute being declared unconstitutional. That statute was often used by deputies to pull your car over in order to search your vehicle. This week the Fifth District Court of Appeal overruled a circuit court order when the police officer pulled the driver over for having no mirror on their...
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