Drug Sale or Distribution

Published on: November 20, 2013

Lee County Criminal Defense Lawyer :: Two Men Arrested for Selling Synthetic Marijuana at Convenience Stores in Fort Myers

by Whittel & Melton, LLC

Two Fort Myers men were arrested at the end of last month and charged with selling synthetic marijuana at two convenience stores.

One of the men, 18, was charged with four counts of sale and possession of a synthetic narcotic after Fort Myers police claim he sold the illegal substance, commonly referred to as “spice,” to an undercover agent at a Sunoco convenience store.

The other man, 47, faces one count of sale and possession of a synthetic narcotic for allegedly selling to an undercover agent at the Super Stop Food Store. Police believe the man is in the country on an expired work visa. According to reports, a hold has been placed pending a federal hearing.

Police said they are looking for another suspect from another store that has yet to be arrested.

The arrest of these men follows an undercover sting that took place in early October that resulted in the seizure of more than $1 million in synthetic marijuana from stores across Lee County. That undercover drug bust led to the arrest of several store clerks.

The state of Florida has made the sale and use of synthetic marijuana products illegal for several reasons. While the ingredients found in synthetic marijuana, also known as K2 or Spice, are not made from actual cannabis leaves, these substances are used to produce the same effects as using marijuana. It can cause many of the same symptoms, but if used for a prolonged period of time, this drug can also cause acute psychosis. Other dangers associated with using this drug include an intensified likelihood of developing a chronic psychotic disorder.

Published on: October 7, 2013

Florida Criminal Defense Lawyer :: 11 Arrested for Manufacturing Synthetic Cannabis

by Whittel & Melton, LLC

In a joint effort with the state’s Division of Alcoholic Beverages and Tobacco, the Flagler County Sheriff’s Office shut down synthetic marijuana labs in St. Johns and Flagler counties last month.

The drug is commonly referred to on the street as “Spice.”

A total of 11 people were arrested on charges of sale of a controlled substance. Of the 11 arrested, 5 were charged with breaking the state’s racketeering laws. According to the Sheriff’s Office, seven of those charged were from St. Augustine, one was from Jacksonville, another was from Bunnell and one lived in Dothan, Alabama.

The seven-month investigation dubbed “Operation Bad Dreamer” ended when about 80 law enforcement officers busted 11 locations across St. Johns and Flagler Counties, allegedly seizing $70,000 and about 370 pounds of “product.”

The term drug manufacturing refers to creating drugs using alternative means other than growing. In most cases, drug manufacturing charges involve methamphetamine, LSD and most recently, synthetic marijuana, often referred to as Spice and K2. Drug cultivation is similar to drug manufacturing charges, but refers to growing, planting or harvesting drugs.

As this case shows, drug manufacturing cases often involve large-scale operations, many defendants and can cross county and even state lines. When facing charges stemming from manufacturing synthetic cannabis, Ketamine, PCP, heroin, GBL, derivatives of GHB or bath salts, you should take these seriously as a conviction could affect all aspects of your life making it difficult to apply to college, obtain a job or sustain a professional license in the future. As the laws regarding these newer synthetic and designer drugs become more defined, you can be sure that the prosecution will keep seeking harsher sentences.

Published on: September 18, 2013

Hendry County Criminal Defense Lawyer :: LaBelle Man Held with No Bond After 17 Pounds of Marijuana Found

by Whittel & Melton, LLC

A 24-year-old LaBelle man was arrested and held without bond last month after members of the Hendry County Narcotics Unit conducted a controlled delivery of a package suspected of containing marijuana at the man’s North LaBelle home.

Posing as a parcel serviceman, an undercover narcotics investigator delivered the package to the man’s home, which he apparently rents.

Narcotics Investigators claim that after a short period of time they witnessed the man driving a white Jeep and pull into the driveway of the home.

The man allegedly picked up the package and carried it inside the home. About 15 minutes later a guest apparently arrived at the home and the man stepped outside to speak with the person. Investigators then arrested the man inside the home.

Once inside the home, investigators searched the premises and allegedly found approximately 17 pounds of marijuana, with a street value of $17,000.00, inside a red duffle bag.

The man was taken into custody and charged with Possession of Marijuana with Intent to Sell and Possession of Marijuana over 20 Grams. He is currently being held in the Hendry County Jail without bond.

While some states have legalized the simple possession of marijuana, this remains a criminal offense in Florida. Any person accused of possession with the intent to sell or distribute will face felony charges in Florida that can include penalties as high 30 years in prison. Possession with intent to sell is a much more serious offense than just a simple possession charge as it involves a larger quantity of drugs.

When investigators believe that a person is in possession of drugs with the intent to sell or distribute, they do not have to actually prove that any drugs were sold. In fact, all they have to demonstrate is that the person intended to sell the drugs in his or her possession. There are certain factors that investigators will look at when determining whether or not to charge someone with possession with intent to sell, including:

• The amount of drugs in the person’s possession
• The amount of cash a person has on them
• How the drugs are packed (Generally, law enforcement presumes a person intends to sell drugs if the drugs are individually packaged.)

Published on: September 12, 2013

Florida Criminal Defense Attorney :: Two Florida Residents Accused of Hiding Crack Pipes in Their Bodies

by Whittel & Melton, LLC

Two Floridians were caught hiding crack pipes in their bodies last month after police arrested a man and woman in two separate incidents, according to authorities with the St. Lucie County Sheriff’s Office and the Indian River County Sheriff’s Office.

On Aug. 16, a 46-year-old man was arrested after he allegedly swallowed a crack pipe. Fort Pierce police claim jail X-rays confirm the allegations. The man had previously been arrested for possession of crack cocaine on Aug. 1.

Authorities claim that when they confronted the man, he attempted to throw something under a car and then tried hiding something underneath his hat. Police confiscated what was in his hat, which according to the arrest report, tested positive for crack cocaine.

The man was arrested and taken to the St. Lucie County jail. He apparently told authorities he was not hiding any illicit drugs on his person.

However, the police report states that an X-ray showed a crack pipe lodged in the man’s stomach horizontally. The man was taken to the hospital to have the pipe removed.

It is unknown at this time whether or not the man has enlisted the help of an attorney. It should be noted that prosecutors in St. Lucie County take drug charges quite seriously. It is a crime to be in possession of any illegal controlled substances such as cocaine, marijuana, LSD, heroin and methamphetamine. Drug possession laws vary based upon the type of drug and the amount found on the person. Being found in possession of small amounts of a drug may result in “simple” possession charges, whereas being found in possession of large quantities can lead to charges related to drugs sales and distribution.

If you or someone you care for has been arrested on drug charges in Fort Pierce, Port St. Lucie, the Village of St. Lucie or the surrounding area, a St. Lucie County Criminal Defense Attorney at Whittel & Melton can possibly help you avoid a conviction. For a free consultation, contact us today online or call 561-367-8777 to discuss your charges.

In a separate incident on Aug. 14, jail officials conducting a strip search of a Vero Beach woman apparently found a cocaine pipe hidden in the woman’s vagina, according to the Indian River County Sheriff’s Office.

The 30-year-old was arrested after officers responded to a trespassing complaint at a local Walgreens.

She allegedly told officers she did not have any drugs on her person, but authorities
claim the strip search showed otherwise.

It is not immediately clear if the woman has an attorney. However, it is important to note that Florida drug possession laws also prohibit possessing drug paraphernalia such as crack pipes, syringes and even bongs. This crime can be charged on its own, but usually accompanies other drug possession or drug sale charges. Drug paraphernalia is classified as anything that can be used to help inject, ingest or inhale an illegal drug into the body. In Florida, possession of drug paraphernalia is a first-degree misdemeanor. Even though this crime is not a felony offense, it still carries very serious ramifications, including up to one year in jail and a fine up to $1,000. Additionally, the stigma attached to a conviction of this nature can follow you around for the rest of your life making it difficult to find suitable employment and housing.

If you have been charged with a drug crime in Vero Beach, Sebastian, Fellsmere, Indian River Shores or the surrounding areas, an Indian River County Criminal Defense Lawyer at Whittel & Melton can help. Contact us today online or call 561-367-8777 to schedule a meeting for a free case evaluation.

Published on: September 4, 2013

Volusia County Criminal Defense Lawyer :: 14 Arrested in Synthetic Drug Ring Operation in New Smyrna Beach

by Whittel & Melton, LLC

Popular synthetic drugs such as K-2 and bath salts have found their way onto the shelves of many gas stations, convenience stores and smoke shops around the country, and it seems many of these drugs originated from Volusia County through an illegal distribution ring based out of New Smyrna Beach.

According to a Volusia County Sheriff’s Office news release, narcotics agents recently busted the organization in a series of raids that was the conclusion of a seven-month investigation, ultimately yielding 14 arrests.

The raid, dubbed Operation Tinker Bell, was launched in November by the Volusia Bureau of Investigation and was assisted by the State’s Attorney Office.

The release details that through a variety of undercover investigations agents gained access into the organization and learned that it was importing synthetic drugs from China and Canada. The drugs were then distributed around the United States, according to the release.

In certain cases, the various suspects bought the finished drugs through wholesalers and then re-sold the products at a mark-up. In other situations, suspects purchased the chemical components and actually manufactured the synthetic drugs locally and then shipped the finished product off to buyers.

The group allegedly distributed multiple kilos of finished product on a weekly basis. Through their retail sales of the synthetic drugs, the organization profited several hundred thousand dollars in the past few months.

Several businesses in the New Smyrna Beach area have been raided by VBI agents armed with court-issued search warrants.

Before these raids were executed, agents had already seized roughly 6,700 grams of synthetic drugs during the investigation, including a substance called Star Dust.

By the end of the raids, agents had seized another 50 pounds of drugs and almost $80,000 in cash from the organization. The raids were performed four months after the Sheriff’s Office organized inspections of more than 170 businesses around the county to make sure all local businesses were complying with the statewide ban of synthetic drugs.

Of the 14 arrested, most were charged with conspiracy to deliver a controlled substance, sale of a Schedule I substance and other various drug-related charges.

Drugs are a huge business in the United States, and those involved in the importing, manufacturing or selling of drugs can face serious criminal charges ranging from possession to drug trafficking. Law enforcement does not take these offenses lightly and are often conducting undercover raids to keep Florida’s streets drug free. Any time a large drug ring is busted, misdemeanor or felony charges can result depending on each individual’s level of involvement as well as the activities performed and the specific type of drug involved. Regardless of the charges you face, it is important to take these matters seriously and enlist the help of a criminal defense lawyer as soon as possible. You could be facing lengthy prison sentences and heavy fines.

Published on: September 3, 2013

Highlands County Criminal Defense Lawyer :: Lake Placid Man Accused of Selling Drugs for a Mexican Cartel

by Whittel & Melton, LLC

According to an affidavit released by the U.S. Attorney’s Office last month, an illegal immigrant who returned to Highlands County after being deported has now been charged with conspiracy to possess with intent to distribute 500 grams or more of a substance containing methamphetamine.

The Lake Placid man has been accused of helping a man and a woman sell thousands of pounds of methamphetamine that came from Mexican cartel drug dealers based in Atlanta.

The other man and woman allegedly involved also face charges of conspiracy to possess with intent to distribute 500 grams or more of a substance containing methamphetamine.

The trio was arrested after members of a federal drug task force apparently received information from the Hardee County Sheriff’s Office that the Lake Placid man was involved in trafficking methamphetamine.

Agents visited the man’s Lake Placid home where the man apparently admitted he had previously been deported from the United States.

The man allegedly told agents that he was deported in 2010, but paid $2,000 to be smuggled back into the U.S. According to the arrest affidavit, the man started selling methamphetamine in 2002, but stopped after eight months.

The man allegedly told agents he recently started selling methamphetamine again and bought three ounces of methamphetamine from the other man arrested. He then sold the methamphetamine for $1,200, the affidavit said.

Agents had the Lake Placid man order 5 pounds of methamphetamine for $50,000 from the other man while they were present.

Once the man showed up to meet the Lake Placid man, both were arrested.
Police searched the man’s home and apparently found more methamphetamine.

According to the affidavit, the man said Mexican cartel members in Atlanta paid him $2,500 per week to traffic drugs.

The two men allegedly worked together to traffic the methamphetamine that was delivered. During the past two months, the two men claimed they received more than 11 kilos of methamphetamine from Atlanta.

Being convicted of drug possession with the intent to sell or distribute in Highlands County can result in serious penalties, including heavy fines, prison time and even the suspension or revocation of your driver’s license. The punishments that accompany a possession for sale charge are normally much tougher than a simple drug possession offense. Law enforcement officers will usually look for large quantities of the drug in question to increase the charges against the offender.

Published on: August 15, 2013

Palm Beach Federal Drug Crimes Defendants may be subject to more lenient sentences by U.S. Attorney’s Office

by Whittel & Melton, LLC

Arguing that the federal criminal justice system is in “too many ways broken,” Attorney General Eric Holder spoke Monday to the American Bar Association about reforming the Government’s approach to the war on drugs. His focus is on shorter prison sentences for nonviolent criminals, more programs to treat those convicted of low-level drug-related crimes and reductions in the number of crimes that carry “mandatory minimum sentences.”

Minimum-mandatory sentences, commonly called, “min-mans” are statutorily imposed sentences for certain crimes, taking into consideration the type of crime and the criminal history of the accused. Min-mans were created by Congress as a way to level the playing field among criminals across the county–the goal was for a criminal in Florida to be treated the same way as say, a man charged with the identical crime and with the same criminal history as a man in Boise, Idaho. The hope was that a uniform sentencing system would deter crime, but statistics show quite the opposite.

Unfortunately, the sentencing structure had unforeseen consequences on the system as a whole.

One of the greatest criticisms of min-mans is that crack cocaine offenses were treated more harshly than cocaine-related charges, and the result was disparate treatment of Blacks in the system since they were more likely to use crack, and not its similar, but more expensive counterpart, powder cocaine. The Fair Sentencing Act has remedied some of these disparities, however, there is still an 18-to-1 disparity in sentences for crack and powder cocaine offenses. For example, a person only needs to be caught with 28 grams of crack before triggering a mandatory five-year minimum sentence. But the person with powder cocaine can have a much larger amount — at least 500 grams — to be subject to the mandatory sentence.

Min-mans also take sentencing discretion away from the judiciary. In certain circumstances, the min-man may not be the just sentence for a particular offender, but the minimums force Judges to either apply the min-man or be subject to reversal in appellate court.

Holder has directed DOJ attorneys and AUSAs to “modify the Justice Department’s charging policies” so that low-level, non-violent offenders “will no longer be charged with offenses that impose draconian mandatory minimum sentences.”

Published on: August 2, 2013

Seminole County Criminal Defense Lawyer :: 11 Arrested in Altamonte Springs Drug Crackdown

by Whittel & Melton, LLC

The Altamonte Springs Police Department netted 11 arrests after conducting a three week undercover drug bust at the Remington Inn and Suites.

Detectives claim that multiple, large scale drug purchases were made from various suspects at hotel’s location over the course of the sting operation.

Police arrested 11 different people between Friday and Tuesday, and they expect additional arrests to be made within the next few days.

A 33-year-old man was charged with trafficking opiates, the sale of marijuana, possession of a weapon by a convicted felon, possession of cocaine with intent to sell, possession of marijuana with intent to sell, possession of paraphernalia, possession of a controlled substance without a prescription and violation of probation.

Another man, 28, was charged with the sale of cocaine, possession of a controlled substance without a prescription, possession of cocaine, possession of marijuana, possession of paraphernalia and possession of a weapon by a convicted felon.

A 29-year-old man was charged with the sale of marijuana, possession of marijuana with intent to sell, possession of marijuana under 20 grams and possession of paraphernalia.

A woman, 27, was charged with the sale of marijuana, possession of marijuana and possession of paraphernalia.

A 44-year-old man was charged with possession of cocaine and possession of paraphernalia.

A 52-year-old woman was charged with possession of cocaine and possession of paraphernalia.

A man, 49, was charged with the sale of marijuana and possession of paraphernalia.

A 25-year-old man was charged with the sale of marijuana.

A man, 39, was charged with the sale of crack cocaine.

An 18-year-old was charged with the sale of marijuana.

A 21-year-old male was charged with the sale of barbiturate or Xanax.

If you believe you are under investigation for a drug crime, or if you have already been formally charged, it is vital to the success of your case to seek representation from a criminal defense lawyer right away. A criminal defense attorney can be a huge help during the investigation phase of your criminal matter, so it is best to protect your rights and act fast. By hiring an attorney early on in your arrest, you may be able to have the charges against you reduced or dismissed entirely. A Seminole County Criminal Defense Attorney at Whittel & Melton can provide you with an aggressive defense for the following drug offenses:

• Cultivation
• Distribution
• Importation
• Juvenile Drug Crimes
• Manufacturing
• Possession
• Possession for Sale
• Sale or Distribution
• Trafficking
• Transportation

Published on: June 19, 2013

Jacksonville Drug Crimes Defense Lawyer :: 32 Arrested in St. Johns County Meth Lab Investigation

by Whittel & Melton, LLC

Last week, investigators with the St. Johns County Sheriff’s Office arrested 32 of 43 suspects over the course of two days on charges of conspiracy to produce methamphetamine and conspiracy to distribute methamphetamine after conducting an 18-month investigation into St. Johns County meth labs.

Police claim to have search warrants for 11 more people and believe there could be as many as 200 people involved in manufacturing and dealing meth.

For the last year and a half, detectives, as well as agents with the Drug Enforcement Administration and Florida Department of Law Enforcement, have been actively monitoring the activity of suspects believed to play a role in distributing and producing methamphetamine in what they called “Operation Ancient Brewers.”

Detectives said that they remain determined to deter any and all criminal activity associated with the drug, especially since methamphetamine labs have become increasingly common in the community.

According to reports, investigators were able to identify suspects that allegedly purchased large quantities of pseudoephedrine, a key ingredient in the production of methamphetamine, by reviewing pharmaceutical logs.

The two day sweep to locate and arrest suspects accused of manufacturing or distributing meth involved representatives from the Clay County Sheriff’s Office, Flagler County Sheriff’s Office, St. Augustine Police Department, St. Augustine Beach Police Department and St. Johns County Fire Rescue.

The above agencies assisted in identifying three potential meth labs at three separate locations in St. Johns County – the 5000 block of Avenue B, the 1400 block of San Juline Circle and the 2500 block of State Road A1A South.

According to the St. Johns County Sheriff’s Office, the meth epidemic is growing worse by the day in St. John’s County, extending across all races, ages and socioeconomic backgrounds.

Police described “Operation Ancient Brewers” as the county’s first preemptive strike at stopping the problem.

During a news conference after the sweep, deputies said they did not uncover any active meth labs or find any children inside any of the properties.

Investigators also mentioned that the state attorney’s office played a dynamic role in these cases.

While numerous arrests have been made, the investigation is reportedly ongoing.
In order to net these 32 arrests, police used the logs from local pharmacies to track individuals purchasing medications with pseudoephedrine. In 2006, a federal law was enacted as part of the Patriot Act requiring all pharmacies to place over-the-counter medications containing pseudoephedrine behind the counter. In order to purchase medications with pseudoephedrine, like various common cold and allergy pills, the law requires that people show identification and provide a signature.

Published on: December 8, 2012

Tampa Drug Crimes Defense Attorney :: Pharmacist Convicted in Pill Mill Case

by Whittel & Melton, LLC

Tampa, FL – A 42-year-old Tampa pharmacist was one of three convicted last month in Ohio on conspiracy to distribute controlled substances.

The three are accused of playing active roles in a multi-state drug conspiracy that sent millions of dollars’ worth of prescription pills to all 50 states.

The Tampa pharmacist was convicted on an additional nine counts of unlawful dispensing of hydrocodone.

According to Florida Department of Health records, she holds two active state licenses, one for pharmacist and one for pharmacist consultant.

The other two defendants include a 41-year-old New Jersey doctor and a 64-year-old health care firm manager from Jacksonville.

In total, 13 people have now been convicted for their roles in the alleged conspiracy, including doctors, pharmacists, a call-center manager and others.

The case started last year when a 42-year-old man plead guilty to operating a company that illegally distributed millions of pills of prescription painkillers, such as hydrocodone and alprazolam, to users who had no medical reason for obtaining the pills.

According to court documents, the man worked with pharmacists who supplied drugs to his company. The pills were distributed to people who contacted the company’s websites or call centers.

A pill mill can be defined as a clinic that provides prescription medications to patients that do not have a legitimated medical need for them or refer to a pharmacy that distributes prescription pills to others without a valid prescription. Because the state of Florida used to have less strict laws regarding prescription meds it was a perfect hub for pill mills. However, recent changes to laws have imposed serious restrictions on the prescription and distribution of controlled substances.

The crackdown on Florida’s pill mills is intended to reduce the number of these operations, as well as prevent doctors from distributing drugs at their clinics. Doctors, pharmacists and other practitioners that are accused of violating the law, could face serious drug trafficking charges. Florida’s anti-pill mill laws enforce tougher penalties on pharmacists and doctors who are accused of operating pill mills. Due to the fact that pill mills have been identified as such a serious problem, both federal and state law enforcement officers can be overzealous in their attempts to locate pill mills, and prosecute those believed to be involved quite harshly. If you have been accused of playing a role in a pill mill, you could face lengthy prison terms and other grave consequences.