South Florida Criminal Defense Lawyer Blog

Possession of cocaine and trafficking in cocaine criminal charges begin with the government finding and proving possession of measurable amounts of cocaine. Often Florida criminal defense attorneys must defend cases where a small or trace amount of cocaine is found, and often found not ON someone but in close proximity. What is a provable amount of cocaine for Florida criminal statutes to be invoked?
It varies from state to state, but our concern here is Florida criminal law. In Florida if the state can prove even a trace amount of cocaine, or cocaine residue, then they have met their burden. Outrageous yes? Yes. A trace amount of cocaine can be the cocaine dust that remains in a baggie that once contained cocaine, or the burnt residue of consumed cocaine in a pipe. It is enough. Possession of cocaine cases in Florida can be made if the State can find and prove you had a baggie that once contained cocaine, or a pipe (paraphernalia) that once burned crack or cocaine. In the waning months of 2009 the U.S. Supreme Court ruled that Florida criminal defense attorneys in Fort Lauderdale and Miami could demand a chemist appear in court to make the case, but the law remains: possession of cocaine can be proven with a charred pipe or an empty plastic bag.
Possession is a subject of another blog entry…so stay tuned! Or, if you have a question, contact a Florida criminal defense attorney in Fort Lauderdale, West Palm Beach, or Miami. Start with Ralph Behr; he’s been at it for over 34 years!

Since the Florida Legislature created the Drug Court Diversion program, many South Florida criminal courts have created “Drug Courts”. Here is how it works: If you have been arrested and charged with possession of cocaine, or possession of marijuana (Cannabis) or oxycodone, or other drugs (controlled substances) you can avoid a conviction by requesting Drug Court. Admission in Fort Lauderdale, Palm Beach and Miami criminal courts is only by request, so make sure your South Florida Criminal Lawyer knows how to get you into Drug Court. Fort example, some lawyers file Discovery Demands immediately: this blocks you from Drug Court. Have you Florida criminal lawyer file the motion to transfer your drug arrest from felony court to drug court. If you have no prior felony convictions, and no gun or weapons convictions, you can get into drug court. After the one year program your case is nolle prossed. That means you will have no felony record. In Florida a felony conviction means you cannot vote, cannot own a gun, and have to report to the Sherriff when you move. Drug court is a once-in-a-lifetime option and a true gift. Ask your Florida criminal defense lawyer to explain the drug court option.

On January 22, 2010 the chief administrative judge of the 17th Judicial Circuit (Fort Lauderdale, Florida) issued a new administrative rule which allows Drug Court to accept criminal defendants in Florida with substance abuse problems, even if their drug charges are more than mere possession. Prior to the new rule the only defendants charged with drug possession, such as possession of cocaine, or possession of oxycodone could be admitted to drug court. The expanded rule does not permit those charged with trafficking in cocaine or trafficking in cannabis (marijuana) to enter drug court, but it does permit Florida criminal defendants with drug delivery or drug paraphernalia charges to be admitted. Call your local Florida criminal defense lawyer in Fort Lauderdale for an update on the new rule. Florida criminal defense lawyer Ralph Behr filed the first legal motion to admit one of his drug arrest clients into the drug court program. This will be the first test case to admit a cocaine delivery criminal defendant in Florida into drug court. Stay tuned for an update in March of 2010.

Eleven individuals were arrested in a major drug trafficking investigation undertaken by the Department of Justice's Organized Crime Drug enforcement Task Forces programs. Most of the individuals were felons found to be in possession of various types of firearms, as well as crack cocaine or cocaine derivatives. A major kingpin, "Antonio Marroquin", was indicted during the operation. He was one of the biggest distributors in the Manatee area. Total seizures obtained about four kilos of cocaine, $250K in cash and nearly $1 million in property and various assets.

Under Federal law, penalties for drug crimes can be more severe than if a person were found guilty of a drug crime under state law. A person found guilty of a drug crime under Federal law can face life imprison and be required to pay a fine of up to $8 million.

Continue reading "Florida Cocaine Traffickers Busted in Sarasota" »