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Orlando Criminal Defense Blog

Prescription-Drug Trafficking Sentencing in Florida Has Drawbacks

  • 07
  • May
    2012

A man intent on taking his life instead received a 15 years prison sentence. The man brought 31 painkillers and a bottle of Natural Life to Orlando's Cherry Tree Park. An officer caught him drinking the beer and then arrested him for illegal possession of pharmaceutical drugs.

The number of pills in his possession led to a charge for prescription-drug-trafficking. Mandatory-minimum sentences were included in the law to discourage trafficking in prescription drugs. The mandatory-minimum sentence is based on the weight of the pharmaceutical drugs.

In this case, the hydrocodone pills weighed in at just over 22 grams enough to trigger a mandatory-minimum sentence of 15 years. However, hydrocodone made up a small portion of the pills and was only 0.23 grams.

Breathalyzers Face Continued Scrutiny in DUI Cases

  • 02
  • April
    2012

A Driving Under the Influence (DUI) charge is determined based on blood alcohol content (BAC) levels, but what if the tool used to measure these levels is not properly calibrated? Courts across the country are facing this question, and one court in Florida reviewing DUI cases refuses to admit breathalyzer results from faulty machines.

Faulty Breathalyzer Issue Exemplified in Philadelphia

This concern was fueled by recent allegations in Philadelphia. A local newspaper reported use of a miscalibrated breathalyzer for over three months. The breathalyzer results are now causing review of over 400 arrests.

This is not the first report of flawed breathalyzer use. The Los Angeles Times reported review of over 300 drunken driving cases because of faulty breathalyzers in April, 2011, with Washington D.C. and Minneapolis also reporting similar issues.

County Commission Wants to See New Sex Offender Registry Rules

  • 05
  • March
    2012

A Florida county recently voted to ask its county attorney to draft new, more restrictive regulations concerning registered sex offenders. While the Lake County attorney will draft ordinances for the commission, she warned them that legal challenges could arise.

The commission's vote appeared to be a reaction to a housing company's suggestion that the county could be the right place for a sex-offender neighborhood. Such a development would house registered sex offenders away from places they are not allowed to be near, in addition to providing them with services.

Requirements for Registered Florida Sex Offenders

Registered sex offenders in Florida face numerous requirements, including following a strict registration schedule. Depending on the status and designation of the sex offender, he or she may be prohibited from working or volunteering with children. Some registered Florida sex offenders are not allowed to live near schools or parks. Their ability to secure employment can be negatively affected. Registered offenders risk serious legal consequences if they fail to adhere to the rules.

The Lake County Commission's new regulations could include restrictions on registered sex offenders' rights to live in certain neighborhoods, use libraries and enter parks.

Florida Imposes Serious Penalties for Sex Crimes Against Children

  • 06
  • February
    2012

In the wake of the Penn State scandal, sex crimes against children have become a favorite topic for both local and national news media.

Former Penn State assistant football coach Jerry Sandusky has been charged with 40 crimes stemming from the alleged sexual molestation and rape of eight young boys.

According to the charges, Sandusky abused the boys after developing relationships with them through his charity, The Second Mile. Sandusky founded the charity to help teach self-confidence and other life skills to at-risk youth.

At least one Penn State staffer says he witnessed Sandusky having sexual intercourse with a 10 year-old boy in a locker room shower. Sandusky denies that he had sexual contact with any of the boys. Instead, he said that they had a habit of "horsing around" in the showers after workouts.

Sandusky is expected to stand trial later this year.

Sex Offenders Face Housing Challenges After Release

  • 02
  • January
    2012

Many people feel safer because of sex offender registration laws, but few pause to consider that these laws leave convicted sex offenders with little or no housing options. Even if a registered sex offender is able to find a community where he is allowed to live, he is unlikely to find a landlord willing to rent to him. Unless offenders have friends or family members willing to take them in, many find themselves forced to live a transient lifestyle.

This problem has received a great deal of attention in Florida in recent years. In Fort Lauderdale, sex offenders had been using a Budget Inn as a semi-permanent home because there were no other housing options in the area. Once the motel's owner found out that he was housing sex offenders in his business, he immediately evicted them to keep the rest of his guests - which included families with young children - safe.

This kind of reaction, however, has the potential to cause more harm than good. According to a report published by the Broward Sexual Offender and Predator Residence Task Force, "housing instability is the consistent and robust predictor for absconding, probation violation and recidivism for criminal offenders...and sex offenders specifically."

Kentucky v. King Clarifies "Exigent Circumstances" Exception

  • 05
  • December
    2011

In May of 2011, the U.S. Supreme Court held in Kentucky v. King that police officers may rely on the exigent circumstances exception to the Fourth Amendment warrant requirement so long as "police do not create the exigency by engaging or threatening to engage in conduct that violates the Fourth Amendment." The Court's decision is a technical one, but it has important implications for how police conduct searches of people's homes.

Facts of the Case

The search at issue in King occurred after Lexington police witnessed a man selling drugs to an undercover police officer in the parking lot of an apartment building. Police followed the man into the building after the sale, but did not see which of two apartment doors the man entered. The officers smelled marijuana coming from one of the apartments, knocked on the door and announced themselves as police. They received no response, but believed they heard sounds indicating that the people in the apartment were destroying evidence. Relying on the rule that police may conduct a warrantless searche of a home if there are exigent circumstances - circumstances making it necessary for police to act but not providing enough time to obtain a warrant - the police officers kicked in the door and found the defendant, King, with marijuana and cocaine. The police did not find, however, the person they had been following.

Florida Doctor Arrested for Pain-Pill Trafficking

  • 07
  • November
    2011

In July of this year, Florida police arrested Dr. Ataur Rahman and four others after a year-and-a-half long investigation into a suspected narcotics smuggling ring. Authorities allege that Rahman and his co-conspirators, all of whom were Rahman's patients or employees, were distributing prescription drugs such as Oxycodone, Hydrocodone, Methadone and Alprazolam illegally throughout Florida and outside the state.

Authorities began investigating Rahman's medical practice in September 2010. They searched his home and medical practice, as well as obtained his financial records from banks where he held accounts. The investigation also included surveillance work, undercover operations and collecting information from pharmacies and concerned citizens. The investigation was a collaborative effort among Florida police, the federal Drug Enforcement Administration, the Florida Attorney General's Office, the Florida Department of Health and the 7th Judicial Circuit State Attorney's Office.

The Florida Department of Health had suspended Rahman's license to practice medicine and filed a complaint against him in October 2011, after Rahman prescribed what the Department believed to be excessive amounts of pain pills to an undercover police officer.

The End of the Dreamboard Dream

  • 10
  • October
    2011

For members of the online community known as "Dreamboard," their dream of viewing, downloading or distributing child pornography has come to an end.

In the largest international child pornography prosecution thus far, the Department of Justice has charged 72 people for their participation in an online community that encouraged members to upload "new" - possibly homemade - child pornography. The online community also developed an online repository of child pornography and made it available to its members. Of the 72 accused members of Dreamboard facing charges, 15 are charged with creating child pornography, 13 have pled guilty to the charges they faced, and 20 members are still at-large.

Federal law defines child pornography as "the visual depiction of a person under the age of 18 engaged in sexually explicit conduct"; this definition includes nude photographs, videos or images of minors who are not engaged in sexual activity.

According to the U.S. Department of Justice, penalties for distributing, receiving or possessing child pornography carries a mandatory minimum sentence of 5 years and a maximum of 20 years. Depending on the number of counts of distributing, receiving or possessing child pornography the members of Dreamboard are accused of, the members who have not yet been sentenced could be facing many years in prison.

Florida Sex Crime Sting Results in Charges Against 32 Men

  • 07
  • September
    2011

Criminal defense against sex crimes charges such as child pornography, prostitution and sexual battery requires an aggressive legal strategy from the outset. Particularly in cases involving solicitation of minors or related sex crimes against children, law enforcement and prosecutors act swiftly and decisively to assemble evidence, level allegations and nail down charges.

A recent law enforcement operation in Florida resulted in the arrests of 32 men, mostly from Tampa and Orlando. The Cyber Crimes Unit of the Lake County Sheriff's Office spearheaded Operation Summer Nights by posing online as children and parents in a weeklong child solicitation sting. The suspects were apprehended after being lured to a vacation house in Clermont. Other participating agencies included the Florida Department of Law Enforcement, the Orlando Police Department and other members of the Internet Crimes Against Children Task Force.

Davis v. U.S. and Vehicle Searches

  • 24
  • August
    2011

In its recent decision in Davis v. United States, the U.S. Supreme Court held by a 7-2 vote that the exclusionary rule does not bar evidence from a search that was legal when the police conducted it but became illegal under a new rule announced by the Court while the case was waiting for a direct appeal, if police acted in good faith by relying on the law as it stood when they conducted the search. The Court's ruling has important implications for cases currently on appeal and how police will search vehicles in the future.

Facts of the Case

Police arrested Willie Gene Davis for giving a false name after they stopped the car in which he was a passenger. After arresting both Davis and the driver, handcuffing the men and placing them in the back of separate squad cars, police searched the car and found a gun in the pocket of Davis' jacket. Davis had previously been convicted of a felony and was later convicted of felony possession of a firearm.

Davis appealed his conviction and, while the appeal was pending in 2009, the Court decided the case Arizona v. Gant. In Gant, the Court considered whether police could legally search a vehicle after they had already arrested and detained a suspect even though they lacked a reasonable suspicion that they would find evidence of the crime for which the suspect was arrested in the vehicle.

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