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 MoreFlorida Pill Mills Fuel Rising Number of Deaths by Drug Overdose
The Centers for Disease Control and Prevention statistics for 2011 indicate an increase in Americans fatalities from prescription painkiller overdoses. Many Americans associate death by drug overdose with cocaine, heroine and other street drugs, but medical drugs can be just as lethal. Opioids, once only used for cancer patients, are now used in mainstream medicine...
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 More2nd District Court of Appeals rules police holding driver's license is a seizure
Last week, the Second District Court of Appeals overturned a Defendant's conviction for possession of a controlled substance (carisoprodol). The rulings by the 2nd District Court of Appeal are binding on the county and circuit court's of Polk County. That means the felony or misdemeanor judge in Polk County must follow the appellate court's rulings...
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...
Read MorePolk County drug dog sniff cases affected by new court decision
This week, the U.S. Supreme Court overturned the Florida Supreme Court decision concerning the legality of drug dog sniff cases. The U.S. Supreme Court ruled that a police officer’s use of a drug sniffing dog to search a vehicle during a traffic stop was legal, even though the drugs the police found after the searching...
Read MorePolk County noise control statute found unconstitutional, will my criminal charges be dismissed
What do seat belt violations, window tint being too dark, and noise violations have in common? They are just excuses to give police and sheriff deputies in Polk County a reason to pull you over, request consent to search your car, or search it anyways, or call out the K-9 drug dog unit to sniff...
Read MoreDrug Trafficking Criminal Defense Lawyer - Drugs Controlled Substance defense attorney
TRAFFICKING IN DRUGS AND CONTROLLED SUBSTANCES Drug Trafficking is a very serious felony offense in Florida. You need an experienced drug defense attorney defending you against drug charges and controlled substances crimes in court. Call criminal drug defense lawyer Thomas C. Grajek now (863) 688-4606! Many of these charges carry a minimum mandatory prison sentence....
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