Drug Trafficking

Published on: January 3, 2012

Florida Drug Crimes Defense Lawyers Whittel & Melton :: Ex-Chicago Bears WR Sam Hurd Released from Federal Jail after Posting $100K Cash Bond

by Whittel & Melton, LLC

Sam Hurd was released from the Metropolitan Correctional Center on Dec. 16 after posting $100,000 cash bail, but the former Bears receiver will now have to look for a job elsewhere.

The team decided to cut Hurd on Dec. 16 after reviewing the drug allegations stacked against him.

Hurd was arrested on Dec. 14 outside of a Chicago steakhouse. He is accused of accepting a kilo of cocaine from an undercover federal agent masquerading as a drug dealer. He is also accused of attempting to set up a major drug network.

Police claim that Hurd told the undercover agent that he wished to purchase five to 10 kilos of cocaine and 1,000 pounds of marijuana a week to sell in Chicago and that he was supposedly moving four kilos of cocaine a week.

After appearing in court and posting bond, Hurd’s attorney did not respond to any of the specific allegations in the criminal complaint, but did address the rumors that Hurd was supplying drugs to various NFL players as 100 percent false.

Charges against Hurd have been filed in Texas, which is where his next court date will be. While no date is set as of yet, it should be scheduled within the next 30 days, after a grand jury hears the case.

A former federal prosecutor shared that the case against Hurd appears to be solid based off the criminal complaint, but other factors could play a role in how the case shapes up, including what information Hurd can offer prosecutors build a case against others.

It is not mentioned whether Hurd will attempt to get picked up by another team as he fights the drug case with the potential to put him in jail for 40 years.

The most serious drug crime in the state of Florida, whether prosecuted in state or federal court, is drug trafficking. Under Florida Statutes, a person in possession of less than a kilo of cocaine can be charged with drug trafficking. In fact, the only difference between cocaine possession and cocaine trafficking boils down to the amount of cocaine seized during the time of arrest. Individuals could face anywhere from three to 25 years in prison for drug charges in Florida, contingent upon the type of drug and the amount seized.

In Florida, oftentimes drug trafficking charges stem from undercover sting operations. Depending on how initial contact was made between the accused and an undercover officer as well as how the drug evidence was seized, possible trafficking charges could be dropped. Undercover drug busts must follow clear-cut procedures and drug charges can be dismissed if law enforcement officers neglected to acquire an appropriate warrant, used an illegal wiretap or failed to link the accused to the alleged drugs due to scarce evidence.

Despite the allegations surrounding your drug arrest and what federal agencies may be involved, the Florida Drug Crimes Defense Lawyers at Whittel & Melton may be able to assist you in combatting state or federal drug charges. If your charges cannot be dismissed, we prepare for trial and in the meantime will negotiate with prosecutors for the least amount of prison time or even request a suspended or alternative sentence. Many times in drug cases, the State’s case may fall under a gray area and our attorneys can pick out the strengths and weaknesses of the prosecution’s case to better defend you.

Published on: July 25, 2011

Spring Hill, FL Drug Crimes Defense Attorneys Whittel & Melton :: Drug Sting at Hernando Pain Management Clinic Totals 100 Arrests

by Whittel & Melton, LLC

Nearly 40 more people were arrested this month from three Florida counties in the second round of arrests from an October drug sting at a Spring Hill pain clinic called Operation Glory Daze.

The public information officer for the Hernando County Sheriff’s Office confirmed the total number of arrests for the sting operation is now up to 100.

Three of the suspect’s arrested are accused of signing for pain pill prescriptions using fake doctor’s notes. Their bail amounts totaled almost $2 million.

A 40-year-old Spring Hill man was charged with fraud and trafficking with bail set at $1.21 million. Two men from Weeki Wachee, ages 36 and 50, were arrested for similar charges; their bond is set at $505,000 and $105,000.

One Weeki Wachee man was allegedly caught with 240 pills on his person, but had supposedly signed for 900 since February 2010. The other, allegedly signed for 540 pills and was reportedly caught with 270 pills.

Reports indicate that both Weeki Wachee men have been arrested on trafficking charges in the past.

Being charged with drug trafficking in the state of Florida is a serious matter. Not only is this crime a felony drug charge, but if you are convicted you are facing substantial prison time due to Florida’s minimum mandatory sentencing guidelines. Minimum mandatory sentencing cannot even be changed by a judge who deems the prison term inappropriate for the crime, so it is imperative that you contact a skilled Drug Crimes Defense Attorney at the slightest suspicion you are being investigated.

Most defenses to drug crimes are centered on how contact was first made between you and the police and the terms of drug evidence seizure. Police procedure in drug crimes must be followed precisely; otherwise the charges can be dropped. The drug charges you face could be dismissed if police used an illegal wiretap, lacked sufficient evidence to link you to the drugs in question or if a proper warrant was not obtained.

In some cases, police make drug trafficking arrests from undercover sting operations. At Whittel & Melton, our team of lawyers is comprised of former State Prosecutors and Retired law enforcement that have worked on sting operations previously. We can honestly evaluate the State’s case against you and build your defense according to the prosecution’s strengths and weaknesses.

Published on: April 20, 2011

Florida Drug Trafficking Defense Attorney :: Inverness, FL Doctor Accused of Trafficking Prescription Pills

by Whittel & Melton, LLC

A Homosassa, Florida family doctor described by police as a drug dealer with a medical license and a lab coat was arrested Tuesday and charged with two counts of trafficking in hydrocodone and one count of criminal conspiracy to traffic in hydrocodone. The 71-year-old doctor of osteopathy was taken into custody at his family practice where he voluntarily forfeited his medical license to the Drug Enforcement Administration.

According to the Citrus County Chronicle Online, the doctor’s bail was set at $1.5 million and the investigation is ongoing. If convicted of any of the crimes, just one of the counts could carry a sentence of over 20 years. At 71, this would be tantamount to a life sentence.

Police supposedly recovered 9,000 pills from the doctor’s office, but believed there should have been around 18,000. Since January 2010, law enforcement believes he has been responsible for dispensing about 42,000 pills. The Department of Health investigated into the doctor’s past records and believes 300,000 pills with a street value of $1.8 million were; sold since 2005.

The doctor allegedly sold the pills to street-level dealers who then sold the pills for as much as $5 to $6 each. The Citrus County State Attorney’s Office and the Florida Department of Law Enforcement were able to make multiple undercover controlled purchases of prescription hydrocodone pills throughout the county. Of the thousands of pills exchanged during these transactions, they were all allegedly tracked back to the Homosassa doctor and his medical offices.

A FDLE Special Agent said that the Tampa Bay region leads the state in the number of deaths linked to prescription drugs. Though the region only accounts for 17 percent of the state’s population, it accounts for 29 percent of the prescription drug deaths in the state.

Police said this is a unique case because the doctor involved was not a pain management doctor.

In most drug trafficking cases in Florida, criminal prosecutors usually file conspiracy charges along with trafficking charges in an attempt to seek convictions for both drug trafficking and an agreement to traffic drugs. To be convicted of conspiracy, the crime does not actually have to be completed. The most essential aspect of conspiracy is that two or more individuals come to an agreement or an understanding thus entering into a criminal venture. Conspiracy ends once an act advances the crime and the participants complete the criminal endeavor or someone extracts themselves from the situation.

Proving drug trafficking requires substantiating possession with the intent to dispense a controlled substance. Sentences are determined through the weight value of the total pills in question. A trafficking charge of hydrocodone at minimum is a three year sentence with a fine of $50,000 and a maximum of 25 years in prison plus a fine of $500,000.

Published on: April 13, 2011

Florida Drug Trafficking Criminal Defense Attorney :: Broward County Sherriff’s Sergeant Charged with Prescription Drug Fraud

by Whittel & Melton, LLC

A 42-year-old BSO sergeant and his wife have been charged with oxycodone trafficking and prescription fraud. Authorities said the sergeant allegedly filled more than 30 prescriptions for oxycodone, OxyContin and hydrocodone between April 2009 and December 2010. His wife allegedly purchased pain-killers more than 30 times between April 2009 and February 2011.

Five doctors have been involved in this case; police said one destroyed his medical records and one is deceased. The other three supposedly had no clue other doctors were prescribing pain pills to the couple.

The Fort Lauderdale sergeant has been suspended with pay as the investigation ensues. He has been with the BSO since 1989.

According to the Associated Press, Florida is the nation’s epicenter of drug abuse because of its lack of prescription drug database.

Oxycodone, also known by its trade name OxyContin, is an opiate doctors prescribe to patients for pain involving a severe injury or for post-surgery recovery. Oxycodone trafficking has been labeled the most serious drug trafficking offense in the state of Florida because of the extreme penalties attached to a conviction. For just a handful of pills, 4 to 14 grams of oxycodone, carries a minimum prison sentence of three years and a $50,000 fine. The possession of 14 to 28 grams of oxycodone carries a minimum of 15 years in prison and a $100,000 fine. If the amount is greater than 28 grams, approximately 75 pills, the minimum sentence a judge can impose is 25 years in prison and a mandatory $500,000 fine.

Oxycodone trafficking carries a maximum penalty of 30 years behind bars. All trafficking offenses are measured by the weight of the drugs. If the weight of the pills is greater than four grams, the charge increases from possession to trafficking.

Published on: October 5, 2009

Hernando County Criminal Defense Lawyer Attorney Legal Update: Woman Charged with Felony Drug Trafficking

by Whittel & Melton, LLC

According to the Hernando County Sheriff’s Office, a young woman and employee of a local Spring Hill, FL Doctor, has been accused of ordering Hydrocodone and Xanax for personal use.

Allegedly, the Spring Hill doctor’s office contacted the Hernando County Sheriff’s Office when it discovered that painkillers had been prescribed without permission. Further investigation by the Hernando County Sheriff’s office revealed that the accused was using a fellow employee’s name when ordering the medication. The State Attorney’s Office is allegedly in possession of surveillance footage from the pharmacy involved in the transactions.

Interestingly, the accused is charged not only with Obtaining a Controlled Substance Through Fraud, but was also charged with Drug Trafficking by the SAO. The Drug Trafficking charge in Florida will dramatically change the way the Prosecutors–and certainly the Judge–will approach this case since Drug trafficking “scores” very high under the Florida Criminal Code. Prosecutors use “score sheets” to determine what type of plea offer will be made and these score sheets take into account a person’s past criminal convictions as well as the seriousness of the crime they are currently accused. In this case, drug trafficking is a very serious charge which will subject this woman to extended time in prison–and that’s not taking into consideration if she has a criminal past.

In my experience, approaching this case as a drug trafficking case is an aggressive stance for the State Attorney’s Office to take considering the basis of the charge is the fact that the that woman allegedly had 11 pills in her possession. I have however, noticed a trend in Central Florida that law enforcement and prosecutors are charging Drug Trafficking more aggressively. But it remains to be seen if they can effectively meet their burden of proof and actually obtain convictions for these sorts of factual scenarios.

Published on: August 5, 2008

Tampa Feds Charge Gotti with Drug Trafficking and Murder

by Whittel & Melton, LLC

Today, former Gambino crime family head John Gotti, Jr.–aka “Junior Gotti” and son of John Gotti – was arrested for racketeering, cocaine trafficking and murder in relation to a Tampa, Florida FBI probe. Kevin Graham and Rebecca Catalanello of the Tampa Bay Times report that the federal indictment, filed in the Middle District of Florida, results from facts uncovered by authorities during a 2006 Tampa racketeering trial.

At a press conference, federal officials said that the trial will be held in Tampa and that the charges against Gotti and five others are evidence of the Gambino family’s attempt to get a “foothold” in the Tampa area. Gotti appeared this afternoon in front of a judge who denied bail. If convicted, Gotti could be sentenced to life in prison.

The attorneys at Whittel & Melton, LLC have experience in fighting state and federal drug trafficking cases. If you have been charged with a drug offense, please consult us.