A question many clients have for me is what is a Nebbia hold? While the most common cases with Nebbia hold's are drug crimes there are other crimes that can get one as well. A Nebbia hold is a detainer or a hold put on by a Judge typically at initial appearances for drug crimes. What is means is that before you are able to bond out of jail the clerk or the Judge needs proof that the funds that are being used to post the bond are coming from a non-nefarious source. What does this mean?
Being caught with "drug paraphernalia" even without the drugs is serious charge in the state of Florida. Any type drug paraphernalia possession is a misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $1,000. The state defines any product, equipment, or device used to make illegal drugs as "paraphernalia".
Starting this Friday the 7th of November, Orlando will be hosting a two day - two night music festival called the Electric Daisy Carnival. While an event such as this is supposed to be about enjoying the festivities, it is also a perfect time for the police to crack down on drug users and dealers.
Police drug busts are becoming more and more elaborate. As alleged users and dealers get smarter, so do the cops. Gone are the days of suspects being busted only for marijuana or cocaine. Now being caught with illegal pharmaceuticals, or running a potential meth house, has law enforcement's attention.
Local authorities here in the Central FL area continue to crackdown on meth labs. But a recent case proves that sometimes the police don't even need to target a meth lab to get the job done.
When someone is convicted for possession of drugs or drug paraphernalia, the state has to prove that there was "actual or constructive" possession of a controlled substance and or paraphernalia.
MDMA, which is a form of Ecstasy also known as "Molly" in the club scene, has become the new drug of the 21st century. It's even caught the attention of the NFL. Just today, the league suspended Dallas Cowboys cornerback Orlando Scandrick four games for failing a drug test that showed "Molly" in his system. Scandrick claims that while he was vacationing in Mexico with a girlfriend, she provided him with the substance and slipped it into the cocktail they were drinking.
Xanax is best known as a prescribed pill that doctors give out to patients in order to treat anxiety and panic disorder. But did you know that you can be arrested for having even just one unprescribed Xanax pill on you? Xanax happens to be the most common prescription drug that is often illegally obtained through theft or prescription fraud. The legal ramifications are harsh for illegally possessing pharmaceutical drugs in the state of Florida. Prosecutors and law enforcement have been focusing on taking down prescription drug offenders for years now.
Over the past few years, Florida Drug Enforcement has cracked down on prescription drug abuse and the pain clinics who provide illegal drugs. Around four years ago, FL was in the middle of a terrible prescription drug crisis. 90 of the nation's top 100 Oxycodone purchasing doctors and 53 of the nation's top 100 Oxycodone purchasing pharmacies were located in the Sunshine State. In recent years, the number of doctors providing illegal drugs has been reduced by 85% and the number of pharmacies has declined by 64%. In addition, the number of pain clinics has declined from 800 to less than 500 in the state.
In Florida or any state for that matter, if you have been charged with a drug crime involving cocaine you might think that all is lost. Not quite. Of course, there is no denying that the possession of cocaine is a serious felony offense and it is vigorously prosecuted throughout Florida. But "Possession of Cocaine" is a highly defendable charge.