Recently, Floridians voted over 71 percent in favor of medical marijuana for patients with certain conditions. However, legalizing medical marijuana in Florida does not change the penalties for the illegal use. Sale, cultivation and distribution are still crimes if not done pursuant to the new medical marijuana constitutional amendment. Very few companies are authorized to grow and dispense medical marijuana.
In the drug defense subset of criminal defense an amazing number of cases begin at a traffic stop. One example is issues with the license plate or tag, whether it is the infamous tag light, expired tag or an obscured tag. These stops are difficult to defend without a video showing the cops to be incorrect (or worse).
Many criminal or violation of probation cases start when drugs are found after search at a traffic stop or or other offenses are discovered via the stop such as violation of a curfew or license restriction. This is particularly problematic for people on probation. New criminal law violations are substantive violations, everything else is a technical violation of probation.
Recently, the Gainesville Police Department announced that it will begin a "Click it or Ticket" campaign. Some will feel as if this is really to generate revenue or is really a fishing expedition. Several years ago, the law changed allowing police to stop cars when the driver or a passenger is not belted. Before that, an officer could not conduct a traffic stop merely for not wearing a seatbelt. Presently, an officer in Florida can pull you over just for not wearing a safety belt.
The firm represents individuals who have received traffic tickets or criminal accusations in Columbia County, Florida, located in North Florida. Several people receiving citations in Columbia County are from out of state. This is because Interstate 75 and Interstate 10, both heavily traveled by tourists and visitors to Florida, intersect just north of Lake City in Columbia County. The Florida Highway Patrol or FHP monitors traffic along both I-75 and I-10 corridors.
Drug trafficking cases can include a conspiracy to traffic element. In Florida a conspiracy to engage in trafficking is committed when any person agrees, conspires combines, confederates, etc with another person to commit any act prohibited by section 893.135. Generally conspiracies are punished the same as the actual crime charged, such as trafficking, except that they are scored one level lower for purposes of the score sheet.
Effective today, July 1, 2013 is a new law on drug paraphernalia. Typically a charge of possession of drug paraphernalia accompanies a charge of possession of drugs such as marijuana, cocaine or prescription drugs. This new law criminalizes the retail sale of drug paraphernalia.
Many criminal drug cases begin at a traffic stop sometimes with a dog sniff leading to a search. Another case of a traffic stop leading to drugs being found has made it all the way to United State Supreme Court. This particular traffic stop led to a dog sniff which when the dog supposedly alerted caused the police to search the vehicle, of course drugs were found.