Drug Crimes

Published on: February 24, 2012

Tampa Drug Crimes Defense Lawyers Whittel & Melton :: Former Rays Outfielder Elijah Dukes Incarcerated Over Drug Charges

by Whittel & Melton, LLC

Former Tampa Bay Rays outfielder Elijah Dukes was arrested Thursday morning after he allegedly attempted to eat a plastic bag filled with marijuana and had a blunt tucked behind his ear.

The 27-year-old man was stopped by an officer around 1 a.m. for apparently committing a traffic violation.

Police claim that after they stopped Dukes, they noticed a small bag of marijuana sitting in his lap. He allegedly tried to stick the bag of marijuana in his mouth.
Police removed the bag from his mouth and placed the man under arrest. After taking the man into custody, police apparently noticed a blunt tucked behind his right ear.

Dukes was taken to the Hillsborough County Jail around 3:30 a.m. and was still being held Thursday morning.

He faces charges of tampering with physical evidence, possession of less than 20 grams of marijuana, possession of drug paraphernalia and driving with a cancelled, suspended or revoked license. In addition, he was also being held on two Hillsborough County warrants for driving with a suspended knowledge and operating with a suspended or revoked driver’s license.

His bond was set at $4,750.

In the past year, Dukes has been arrested five times, mostly pertaining to charges of driving with a suspended, cancelled or revoked license.

He was accused of hitting his pregnant ex-girlfriend in March 2011.

Past arrests include contempt of court and failing to appear in a case where he owes an ex-wife child support and alimony.

Possession of Marijuana, also known as cannabis, pot or weed, can be a serious crime in Florida. The penalties associated with a possession of marijuana charge depend on the quantity you were arrested with. Possession of Less Than 20 Grams of Marijuana is known as “simple possession” of marijuana and is a misdemeanor offense that carries up to one year in county jail, probation, fines community service and random urine screenings. Additionally, a conviction for possession of marijuana can tarnish your record and make it difficult to find a job. It is also important to note that a conviction for a drug-related crime, including possession of marijuana, could result in a two year suspension of your Florida driver’s license.

If you have been charged with a drug possession crime anywhere in the state of Florida, it is important to consult with a criminal defense attorney right away to ensure the best possible outcome for your case. Whether your possession case involves marijuana, cocaine, methamphetamines, prescription pills or any other controlled substance, the Florida Drug Crimes Defense Attorneys at Whittel & Melton can work on your side to aggressively defend your case. We are trial attorneys that stand ready to attack your charges in a courtroom, should that be necessary.

While it is important to be aware that the final outcome of your case is contingent upon the unique set of circumstances involved, the Florida Drug Crimes Defense Attorneys at Whittel & Melton will demand that your legal rights are protected and fight for favorable results on your behalf. Depending on the facts associated with your drug case, our attorneys may be able to negotiate with prosecutors to have the charges stacked against you reduced or even dismissed entirely.

Published on: February 22, 2012

Ocala Drug Crimes Defense Lawyers Whittel & Melton :: Man Arrested for Cultivating Marijuana

by Whittel & Melton, LLC

A 51-year-old man was arrested Friday after local drug agents allegedly found marijuana and a shotgun at a property apparently owned by the man.

A Marion County Sheriff’s Deputy allegedly went to an Ocala, Florida home to serve an arrest warrant on Feb. 7 for a 51-year-old woman. The deputy allegedly noticed several plants that appeared to be marijuana in the back yard while peering through a window at the residence, including several small plants on the kitchen table.

Multi-Agency Drug Enforcement Team agents were called to the residence. Agents claim they smelled and detected marijuana at the scene, and when they could not find anyone at the residence they left to obtain a search warrant for the property.

After receiving the search warrant, agents allegedly found 69 marijuana plants growing inside the home, three marijuana plants in the back yard and a 12-gauge double barrel shotgun inside the master bedroom.

On Friday, agents claim they found the man not far from where the marijuana plants were discovered and arrested him.

In an interview with the agents, the man allegedly told them the marijuana and the shotgun was his.

Records indicate the man is a convicted felon and should not be in possession of any firearms.

The man allegedly told investigators that he had a second residence that contained marijuana.

With the man’s alleged consent, detectives went with the man to two buildings. Detectives allegedly uncovered two marijuana plants in the yard of one property, and five in the second yard.

Agents claim the seven plants were around 3 feet tall.

In the yard of one of the buildings, agents allegedly viewed 36 plants with heights between five to 10 inches tall.

According to officials, the man apparently told agents he was selling the products from the plants he had been growing.

He was arrested and charged with two counts of cultivating marijuana and one count of possession of a firearm by a convicted felon.

Under Florida statutes, drug cultivation refers to growing a plant deemed an illegal substance. In general, most cultivation charges stem from being in possession of cannabis plants, also known as marijuana. The amount of drugs a person is found growing plays a fundamental role in whether felony or misdemeanor charges apply. Another key factor relies heavily on intent. There are two crimes that can be charged for drug cultivation in Florida, including:

• Cultivation with Intent to Distribute: This crime is a felony offense that carries a minimum sentence of 1 year in state prison. Additional penalties such as fines, probation, registration as a narcotics offender, counseling programs and drug rehabilitation can be tacked on.

• Cultivation with the Intent for Personal Use: While the lesser of the two crimes, this offense is classified as a misdemeanor punishable by up to 12 months in county jail. This crime is a lighter offense because the cultivation was done for personal advantage, not for the purposes of selling or distributing drugs to others.

With a drug cultivation conviction carrying such hefty consequences, it is extremely important to develop a powerful defense strategy in an effort to reduce or drop criminal charges. Attempting this matter alone is never a good idea, as you could be subject to maximum penalties associated with a drug cultivation charge. A Florida Drug Crimes Attorney can assist you with establishing an appropriate defense for the charges you face. Often, this can be the difference between serving the maximum penalties and receiving a reduced sentence.

Published on: February 8, 2012

Orlando, Florida State and Federal Drug Crimes Defense Lawyers Whittel & Melton :: Investigators Uncover Alleged Marijuana Drug Ring Extending through Florida, Texas and Mexico

by Whittel & Melton, LLC

Search warrants were served at homes in Orlando, Apopka, Sorrento and Kissimmee and a total of nine people were arrested Tuesday as a number of Central Florida police agencies dug further into an investigation into an alleged large-scale Mexican marijuana distribution ring labeled the “Gulf Cartel.”

The FBI, ICE’s Homeland Security Investigations and the Osceola and Seminole County Sheriff’s Offices apparently seized evidence, including cars and motorcycles from one of the properties, and forensic investigators were reportedly seen carrying shovels to apparently dig up money buried in the yard.

Federal prosecutors allege the Gulf Cartel shipped thousands of pounds of marijuana from Mexico through McAllen, Texas and then to Panama City, Florida and finally, to the six homes raided in Orange, Lake and Osceola counties.

Each monthly shipment was allegedly worth as much as $1million.

The nine individuals arrested apparently operated undercover, and investigators are looking into their immigration status.

Investigators accused the nine suspects of burying cash in the yard until it could be moved back to Texas in an 82-page report filed in Federal Court on Monday.

A source apparently told investigators that the Gulf Cartel allegedly had $2 million buried in Florida at some point while waiting for the money to be sent back to Texas.

Nine people were named and charged with possession with intent to distribute more than 1,000 kilograms of marijuana in a criminal complaint filed in Federal Court on Monday. Five of those were named in Federal Court on Tuesday afternoon.

In Florida, possession with intent relates to the criminal charge of possession of an illegal substance, such as marijuana or cannabis, with the intent to sell the drug. Penalties for this crime are severe, and each of the men charged in this particular case face a minimum of 10 years in prison. Most often the penalties for possession with the intent to distribute, sell or deliver include incarceration in state prison for as much as 30 years. Possession with the intent to sell or distribute is a felony offense, and because of this, it is vital to the success of your case to contact a Florida Drug Crimes Defense Attorney to help defend your case from the very beginning. The criminal defense lawyers at Whittel & Melton understand the consequences associated with a criminal drug charge and will implement strategic defense tactics to protect your rights.

When law enforcement believes they have discovered a person who has committed the crime of possession with intent to sell or deliver, they are not required to prove that the drugs in question were actually sold by that person. Rather, they must establish that the person merely intended to sell the drugs in their possession. The following are just some of the factors the State will look at to decide applicable charges:

• The amount of cash in an individual’s custody
• The amount of drugs in a person’s possession
• The location where the offense transpired
• How the drugs are packaged
In addition to the above factors, law enforcement officers may rely on circumstantial evidence to prove that the drugs possessed were intended to be sold or delivered. In fact, even a scarce amount of drugs found on a person may be alleged by police to be intended for future sale or distribution.

The Florida Drug Crimes Defense Attorneys at Whittel & Melton can help you understand the charges you are facing as well as your legal rights. As former prosecutors in Florida, our staff of attorneys has first-hand knowledge of how the prosecution works and how to assemble a case to defend your rights against any drug charge. Regardless of whether this is your first offense or if you have priors, we will fight for the best results possible and will not hesitate to take your case to trial.

Published on: February 6, 2012

Florida Prescription Drug Trafficking Attorneys Whittel & Melton :: Seminole County Physician Sentenced to 25 Years for Distributing Large Amounts of Prescription Pills

by Whittel & Melton, LLC

A 46-year-old Tallahassee doctor was sentenced to 25 years in prison Friday for his involvement in a prescription pill trafficking operation.

The man was also ordered to pay a $500,000 fine and investigative and prosecutorial costs.

According to the Florida Office of the Attorney General, the illegal operation was to blame for disbursing large quantities of prescription drugs throughout western Florida.

The physician apparently pled guilty to conspiring to traffic in 28 grams or more of oxycodone in October 2011. He was prosecuted by the Attorney General’s Office of Statewide Prosecution.

The Osceola County Investigative Bureau, the Sarasota County Sheriff’s Office, the Sarasota Police Department and the Florida Department of Law Enforcement claim they began investigating the doctor in 2010. Their alleged investigation revealed the doctor was selling prescriptions for large amounts of oxycodone to a group of associates who would fill the prescriptions and then disburse the pills on the streets of Sarasota.

One of the doctor’s co-defendants was sentenced to 25 years in state prison for his role in the operation and another co-defendant is awaiting sentencing.

Drug trafficking in the State of Florida describes the sale, delivery, possession or manufacturing of illegal drugs and controlled substances over a certain weight or amount. The consequences associated with a drug trafficking charge can vary from a minimum of three years to a maximum of a life sentence in prison, depending on the type of drug and the quantity. Sentences are established by the weight value of the total pills in question. At minimum, a trafficking charge of oxycodone is a three year mandatory prison sentence with a fine of $50,000 and a maximum of 25 years in prison plus a fine of $500,000.

In many drug trafficking cases in Florida, the State will seek conspiracy charges to be filed in addition to trafficking charges in order to obtain convictions not only for trafficking pills, but an agreement to traffic drugs. The conspiracy to traffic drugs can be difficult to understand because most drug charges require for the prosecution to prove that the accused was in possession of the drugs in question at some point. However, a conspiracy to traffic drugs charge can be proven solely by establishing that an agreement existed to carry out a drug-related criminal act. In fact, the act does not have to even be completed to be convicted of conspiracy.

The Florida Prescription Drug Trafficking Attorneys at Whittel & Melton can thoroughly review the facts of your case and explore all possible defenses to combat the charges against you. We will review any evidence and police reports to consider the following:

• Did law enforcement play a role in initiating your participation in the conspiracy?

• Did the conspiracy solely entail verbal agreements, or were there acts in furtherance of the conspiracy?

• Was the agreement terminated or dismissed before an arrest was made?

• Were wiretaps involved, and if so were they legal?

• Was the warrant obtained legal?

Published on: January 9, 2012

Citrus County Drug Crimes Defense Attorneys Whittel & Melton :: Six Arrested Following Extensive Drug Investigations

by Whittel & Melton, LLC

Six Citrus County, Florida residents have been arrested and are facing various drug charges after investigations conducted by the Sheriff’s Office and the CCSO’s Tactical Impact Unit and Pharmacy Diversion Unit revealed illegal dealings of prescription narcotics.

The arrests ranged from doctor shopping to hydrocodone trafficking. Several of the supposed suspects, ranging in age from 22 to 57, are accused of selling cocaine and other substances as well as selling their prescription pills for a profit.

A CCSO spokesperson mentioned that the introduction of Florida’s new prescription drug monitoring program E-FORCSE or Electronic – Florida Online Reporting of Controlled Substances Evaluation makes it easier than ever to monitor who may be doctor shopping. Law enforcement agents, doctors and pharmacists can use the program to see what drugs patients are receiving and from what doctors.

Doctor shopping also known as Obtaining a Controlled Substance by Fraud has become an increasingly popular charge in Florida. Due to the large amount of pressure placed upon law enforcement to track down those suspected of prescription drug abuse, new tracking systems have been developed to monitor patient’s medical records and pharmacy histories. These amped up security measures put doctors as well as patients at a greater risk for being accused of committing a prescription drug crime. Electronic databases put even patients given legal prescriptions to treat an injury or illness in jeopardy of a drug crime arrest.

Doctor shopping, in general, is when a patient visits multiple doctors to gain access to multiple prescriptions. It is illegal for patients to visit different doctors without disclosing that information to them, even if they are under the care of several physicians for legitimate reasons. In the State of Florida, doctor shopping is classified as a third-degree felony that carries mandatory penalties and could include up to five years in State Prison. In addition, the State can charge every transaction as a separate crime, which could result in multiple consecutive sentences.

The Florida Drug Crimes Defense Lawyers at Whittel & Melton are experienced with how the State Attorney’s Office investigates these types of crimes and will work to get your charges related to doctor shopping or any other type of drug charge reduced or dismissed. As trial attorneys, we treat every case as if it is going to trial and can provide you with a solid defense no matter what the circumstances are surrounding your arrest.

Published on: November 11, 2011

Orlando Drug Crimes Lawyers Whittel & Melton :: Couple Arrested after Allegedly Leaving Crack in Florida Motel Freezer

by Whittel & Melton, LLC

A 17-year-old male and a 22-year-old female were arrested by Orlando area authorities on Oct. 27 for supposedly trying to check back into their motel room an hour after leaving because they allegedly left behind crack cocaine in the room’s freezer.

The Osceola County Sheriff’s Office was called to a motel near Kissimmee, Florida around lunchtime after the cleaning staff supposedly found several bags of crack cocaine in the freezer of a room the couple previously occupied.

According to deputies, the room’s former female occupant called the motel during the investigation and told the manager she wanted to pay for one more night in the same room.

Upon arrival at the motel, both the man and woman were arrested and charged with possession of cocaine with intent to sell and possession of drug paraphernalia.

The woman allegedly told deputies that the man sells crack cocaine and they both forgot it was in the freezer when they checked out of the motel.

The couple arrested in this particular case faces charges involving constructive possession, which means the drugs were not found on their person. As with all criminal drug matters, the burden of proof lies in the hands of the prosecution, and constructive possession cases can be more difficult for the State to prove than actual possession charges. Actual possession is simply when law enforcement agents uncover drugs somewhere on your physical being. In order for the State to prove constructive possession charges in Florida, prosecutors must prove that the person, or people, arrested had knowledge illegal drugs were present and had actual control over them. It is best to contact a Florida Drug Crimes Defense Attorney to intervene early on with criminal defense matters pertaining to crack cocaine so that you can stand the best chance of having your charges reduced or possibly dropped altogether.

Selling and distributing illegal drugs is usually classified as a felony in the state of Florida. Selling cocaine or possessing cocaine with intent to sell is normally a second degree felony punishable by up to 15 years in state prison. However, if a person is charged with possession of cocaine with the intent to sell within 200 feet of a university, public housing facility, public park, or within 1,000 feet of a church or other property deemed for religious use, enhanced penalties can be attached. Selling or possessing cocaine with the intent to sell near one of these facilities could amplify consequences to a first degree felony punishable by up to 30 years in state prison.

At Whittel & Melton, we understand the intricacies associated with how police attempt to prove possession of illegal drugs with the intent to sell. Often these cases rely upon the testimony of witnesses and law enforcement agents to prove the State’s case. We work to snuff out any holes in the prosecution’s case to decrease the risk of potential consequences associated with a drug crimes conviction.

Published on: May 11, 2011

Florida Drug Arrest Lawyer :: Tampa Bay Buccaneer Arrested, Again – Alex Magee Charged with Misdemeanor Possession of Marijuana

by Whittel & Melton, LLC

Tampa Bay Bucs defensive end Alex Magee was charged with possession of marijuana Monday afternoon after being pulled over for an expired tag. During the traffic stop, police reportedly smelled marijuana coming from the interior of Magee’s 2009 Black Dodge Charger and after searching the vehicle a misdemeanor amount of field test positive marijuana was found.

Magee was charged with possession of marijuana and having an expired tag of more than six months. Magee was released with a citation due to the offense being classified as a misdemeanor.

The Duquenois-Levine test is widely used by detectives to determine if a suspected substance is a positive match for marijuana. The test is easy to administer and results are determined through chemical color reactions. An officer performs the test by placing a particle of the substance in question on a micropipette of chemicals, if the chemicals turn purple then marijuana is a possible culprit. While the tests are simple and keenly looked upon by law enforcement agents, results can return false positives which can result in unfortunate arrests.

A large number of marijuana arrests occur after a vehicle is stopped for traffic violations. Many times the officers who pull you over for traffic infractions are street cops that are not veteran law enforcement agents or narcotics detectives who have the knowledge of conducting a lawful search of your person or vehicle. How an officer finds any amount of suspected marijuana is crucial information in a drug charge because if the search was illegal, oftentimes the charges can be dropped.

Published on: May 4, 2011

Bartow, Florida Criminal Defense Attorney :: Polk County High School Teacher Tasered and Arrested for Drug Possession

by Whittel & Melton, LLC

Police pulled over a 33-year-old high school teacher Monday for a traffic stop shortly before 11 a.m. and observed a plastic bag in his mouth after talking to him. The man allegedly refused to cooperate with police by showing them what was in his mouth so he was shot with a Taser stun gun, which supposedly caused him to spit out five individual bags containing marijuana, the weight totaling 4.7 grams.

The man is an 11th and 12th grade teacher at Bartow High School, assigned to teach International Baccalaureate and Advanced Placement students. He was on probation for reckless driving involving alcohol and is now charged with possession of marijuana, violation of probation, and resisting an officer without force or violence.

A conviction for any drug-related offense, such as possession of marijuana, will result in an immediate and automatic two year suspension of your Florida driver’s license. This is done regardless of whether your arrest was driving-related. Also known as weed, cannabis or pot, marijuana possession of any amount in Florida is a crime resulting in misdemeanor or felony charges. Marijuana possession of less than 20 grams, equivalent to one ounce, is a first degree misdemeanor. Possession of anything more than 20 grams is a third degree felony.

A conviction for a misdemeanor possession charge carries a combination of penalties of one year in jail, one year probation or a fine up to $1,000. If convicted of a felony possession of marijuana, the crime is punishable by up to five years in prison, five years probation or a fine up to $5,000.

Published on: April 5, 2011

Gainesville, Florida Criminal Defense Lawyer :: NFL Wide Receiver for the Oakland Raiders Arrested in Alachua County

by Whittel & Melton, LLC

Gainesville Police arrested a former University of Florida football player, Louis Morris Murphy Jr., Sunday morning for three misdemeanors. He was charged with possession of a drug without a valid prescription, failure to obey a police officer and resisting arrest without violence.

Murphy, currently a wide receiver for the Oakland Raiders, was taken into custody just after midnight.

A Gainesville police officer said he saw Murphy’s Cadillac Escalade blasting music and told him to pull over. Murphy allegedly continued driving to a city parking lot, exited the SUV with his passengers and walked away.

The officer flashed his lights and demanded Murphy to stop and identify himself. According to the Gainesville Sun, Murphy refused to show identification and insisted on finding out why he was stopped. After Murphy continuously failed to produce his ID, three officers had to place handcuffs on the 6-foot-2-inch, 180-pound NFL player because he refused to put his hands behind his back.

Officers said that Murphy consented to a search of his vehicle where an alleged non-labeled prescription bottle was found with 11 pills inside, later identified as Viagra. Murphy supposedly could not show a valid prescription for the bottle and claimed to have peeled the label off because he did not want his girlfriend to see it.

This is Murphy’s second arrest in Gainesville. He was arrested in 2006 for possession of less than 20 grams of marijuana. He accepted a plea deal and no jail time was served.

For the drug charge Murphy faces, a defense does exist. It is clearly identified in Florida Statute 893.13. If Murphy’s alleged statement to police about the prescription for Viagra being valid is true, a follow-up with his doctor could clear his charge of possession of a drug without a valid prescription. The statute says that a legitimate prescription for a medication that requires a prescription will undo a charge related to that medication. If Murphy lawfully obtained a prescription for Viagra, past or present, the drug charges could be dropped.

If Murphy’s claims prove false, he could be facing harsh consequences such as a two year driver’s license suspension, civil forfeiture and jail time.

Published on: February 28, 2011

Clermont, FL Criminal Lawyer :: Five Children Removed from Drug House in Clermont

by Whittel & Melton, LLC

A man and woman allegedly connected to a Clermont home where five small children resided and had access to illegal drugs were charged by Lake County narcotics detectives and Clermont police.

The 42-year-old man and 23-year-old woman were both charged with five counts of aggravated child abuse and cocaine and marijuana possession Friday morning after police executed a warrant at their Clermont home.

According to detectives, multiple bags of cocaine pre-packaged for sale were found in the master bedroom where the small children ranging in age from two to nine years old could easily reach them.

A Sherriff’s Office spokesman said that the drug bust recovered $2,200 worth of cocaine and marijuana and other drug paraphernalia.

The same Sherriff’s Office spokesman said that deputies turned the children over to their grandmother who lived nearby and notified the Department of Children and Families.

Although often considered to be one of the more minor drug crimes in Florida, drug possession can still result in a felony charge, with a minimum sentence of one year in state prison. In fact, a person can be accused not only of drug possession but of possession of known substances for the purpose of manufacturing drugs.

The most common key focus of any drug case is search and seizure law. Under Florida law, police must follow proper protocol during their investigation of any drug case. It is essential to have a veteran team of lawyers to interpret search warrants as well as search and seizure rules to guarantee your rights are protected. A breach of these rights can give you grounds to file a motion to suppress any evidence the police obtained. Occasionally small pieces of original evidence can lead to a search of your person or property.