Articles Posted in Legal News / Legal Information

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IMG_6709-2-194x300 BUSTS

100 ‘most asked ‘ questions

CAN I SHARE MY PRESCRIPTION?

No.

The law makes no distinction between selling your prescription and giving away a single pill. If you transfer possession of a controlled substance to another person, you are guilty of sale or delivery.

Never offer to or share any pills with anyone. Never permit anyone else to carry your prescription for you. Never send your prescription ahead of you, if you’re traveling and always keep it in the original container from the pharmacy.

If it can be proven that you gave someone a pill, or more than one pill from your prescription you can be charged with delivery or trafficking.

The person who receives it can be charged with possession, trafficking or conspiracy.

If the un-prescribed user were to overdose or have an allergic reaction you can be charged with a crime and sued for damages in civil court.

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IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

WHAT IS TRAFFICKING?

Possession with the intent to sell or deliver any illegal drug (usually more than a personal use amount) or controlled substance is trafficking.

It commonly is understood to mean you have enough of the ‘stuff’ to be “in the business”, and a transfer to someone.   But, depending on what it is, and where you live, you can be a trafficker by giving away one pill.

Trafficking begins at 5 grams for federal law.  Some States: 28 grams.

If you knowingly sell, buy, deliver (giving away a pill is a delivery) a controlled substance (anything illegal, anything that requires a prescription from a doctor), you can be convicted of trafficking.

Ever ‘borrow’ a sleeping pill?  Pain medication?  Give it to someone?    Re-read the definition of trafficking: you are a trafficker.   Scary stuff, huh?

 

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IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

WHAT IS CONSTRUCTIVE POSSESSION?

You can be charged with possession of a controlled substance under the constructive possession theory.

Constructive possession means that although the controlled substance is not on your person or within your immediate vicinity, the contraband is in a place over which you have control.

The state must prove: 1) control over the place 2) that you have actual knowledge it is there 3) that you can exercise dominion and exclude others from possession.

Constructive possession can be charged to one person or more than one person, if it can be proven that everyone had equal or shared possession, knowledge and control.

 

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IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

IS RESIDUE POSSESSION?

Yes.  Residue is possession.

In most state courts they don’t care if there is a trace amount, or a consumable amount of a controlled substance.

If it can be chemically identified as a controlled substance, or residue it is possession.

Ash is residue.

The film of smoke inside a pipe or bong is residue.

In most states you cannot be convicted of possession of a controlled substance if it is found in your body tissues or fluids.

Consuming a controlled substance, which often happens when someone is stopped by the police and tries to eat the drugs is charged as the crime of obstruction of justice, tampering with evidence, or resisting arrest.

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IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

WHAT IS POSSESSION?

To possess means to have personal charge of, or, exercise the right of ownership, management or control over the “thing” possessed.

Mere proximity to a thing does not prove possession.  There has to be knowledge of its presence and control.

The law presumes you have knowledge of things within your control. That means anything on your person, in your clothing or within ready reach can be presumed to be in your possession.

You can be held accountable for possession of something that is not physically on your person. So, if you give a controlled substance to someone and it remains within your control, you can be charged with possession.

There are no easy rules or bright line distinctions between possession and mere proximity. It is always a question for the jury to decide.

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IMG_6709-2-194x300CRIMES

50 ‘most charged’ crimes defined

DRUG CRIMES

The state can prohibit entirely the use of particular drugs for which there is both a lawful and an unlawful market, and may exercise broad police powers in regulating the possession of drugs.

Controlled substances are divided into five categories, largely according to their relative potential for abuse.

It is a crime to be in possession of a controlled substance without a valid prescription.

 

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IMG_6709-2-194x300CRIMES

50 ‘most charged’ crimes defined

BATTERY

A battery is an unlawful touching.

The state must prove:

  • The defendant intentionally touched or struck the victim against his/her will.
  • A battery may become a felony when the touching causes serious bodily harm.

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IMG_6709-2-194x300

CRIMES

50 ‘most charged’ crimes defined

ARSON

Arson is the damage of property by fire or explosion.  For it to be a crime the state has to prove:

  1. There was damage to a structure or dwelling, caused by fire or explosion.
  2. The damage was done willfully, or during the commission of another felony.

 

 

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us-supreme-court-300x225What Do I Do After I’m Arrested In Miami Florida?

This three-part series title: What Do I Do After I Am Arrested in Miami , is a complete run through of the criminal court processes from arrest through final disposition of a Miami criminal case.  This Article is Part Three of a Three Part Series that begins with the final disposition of your criminal case filed by the Miami State Attorney’s Office case.  Please also see parts two and three in this series regarding Miami Criminal Cases and processes.

Final Disposition of Your Case:

At some point, you will need to decide whether you want to resolve your case by agreement with the state, to ‘plead open’ to the mercy of the Court, or to proceed to trial.

To resolve your case by agreement with the State Attorney’s Office, your attorney and the Assistant State Attorney, assigned to prosecute your case, must come to a complete agreement regarding all of the terms of an agreement for all of your pending charges.  The court can accept or reject the terms of the agreement but cannot modify the terms without your advance consent.

If you decide to ‘plead open’ to the mercy of the Court after consulting with your attorney, the judge will decide what sentence will be imposed after considering your ‘Criminal Punishment Code Score Sheet’, which lists your offenses in severity and assigns points for those offenses.  If you decide to go to trial, you and your attorney should have some legal defense and be otherwise fully prepared.  The fact that the State’s case against you is very weak is a defense in itself.  Generally, if you do not have a defense that will present well in Court, you should consider another option.  There is nothing worse in your case than going to trial unprepared, with little or no defense.

Sentencing Issues and The Criminal Punishment Code:

The Criminal Punishment Code Score Sheet is like a report card that the judge reviews at the time of sentencing.  The score sheet tabulates a specific number of points per offense scored at the time of sentencing set by Florida statute in consideration of the severity of the offense or violation.  If your total combined score is less than or equal to 44 points, the judge can impose a non-state prison sanction which could mean, county jail time of one year or less, house arrest, probation, a fine, payment of Court costs, or even no punishment at all.  If total points are greater than 44 points, the Court will impose mandatory state prison time unless the Court finds both a legal reason to downward depart and is willing to downward depart from the minimum prison sentence set by the criminal punishment code.  A downward departure sentence is a sentence below the minimum permissible sentence based upon a legally permissible exception in sentencing laws.  The judge does not have to grant a bonafide downward departure motion and it is completely in the Court’s discretion to disregard it under the law.  Your attorney can assist you in deciding what course of action is best depending on your charges and other factors unique to your case.  No two cases are the same.

Hiring the Right Attorney:

Consulting with an attorney on your case gives you a chance to interview the attorney to determine if he or she is the right attorney to represent you in your case.  You should feel comfortable with the attorney that you hire and confident that he or she will work diligently in preparing the best defense possible for you.  You will know when you have found the right attorney for your case.  Make sure that you ask a lot of questions during your consultation and during the pendency of your case.  Your attorney cannot prepare a proper defense for you without your assistance.  You are the most valuable asset in the defense case.

This article by Miami Federal Criminal Defense Lawyer Ralph S. Behr is for informational purposes only and should not be construed as constituting legal advice.  You should consult with your attorney to determine the best course of action to take on your case.  For consultation regarding the specific facts of your case and arrest please contact Miami Criminal Defense Lawyer Ralph S. Behr.

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IMG_6709-2-194x300CRIMES

50 ‘most charged’ crimes defined

VEHICULAR HOMICIDE

The state must prove more than a failure to use ordinary care.  The state must prove:

  1. The victim is dead.
  2. The death was caused by a motor vehicle operated by the defendant.
  3. The defendant operated the motor vehicle in a reckless manner likely to cause death or great bodily injury.

The state does not have to prove any intent on the driver to injure the victim, just reckless operation.

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