Category Archives: Drug Crime
Can The Police Order You Out Of Your Car During A Traffic Stop?
It is not uncommon for a traffic stop to turn into an investigation of some other potential crime, such as drunk driving or drug possession. But the police cannot prolong a traffic stop based on mere suspicion of other criminal activity. Indeed, the United States Supreme Court has made it clear that a police… Read More »
How “Lesser Included” Offenses Can Affect A Florida Drug Case
In many criminal cases, a defendant may be convicted of a “lesser included” offense. For example, if a person is charged with possession of drugs with intent to distribute, a lesser included offense would be simple possession. If the jury is instructed on the lesser offense, it could elect to convict the defendant of… Read More »
How Selling Drugs Near A School Or Licensed Childcare Facility Can Affect A Criminal Prosecution
So-called “drug free zone” laws impose additional penalties on persons convicted of possessing or distributing controlled substances within a certain designated area. Typically, drug free zones are designed around schools, daycare facilities, or other buildings were children are normally present. This means that if the police arrest you with drugs near one of these… Read More »
The Difference Between “Actual” And “Constructive” Possession Of Illegal Drugs
In order to be convicted of drug possession, the prosecution must prove beyond a reasonable doubt that you had “actual or constructive” possession of the illegal substance in question. Actual possession is just what it sounds like–i.e., the police actually find the drugs on your person or somewhere within “arm’s reach” that is under… Read More »
What Happens If the Police Illegally Arrest Me?
The police cannot lawfully arrest you unless they have “probable cause” to believe that you have committed some crime. Probable cause is lower than the standard for an actual conviction, which requires proof beyond a reasonable doubt, but it is more than “mere suspicion” you might have done something wrong. Note that probable cause… Read More »
What to Know About Constructive Possession and A Tampa Drug Case
While some drug possession cases are more straightforward from a prosecutor’s perspective, others involve something known as constructive possession. Constructive possession charges occur when you don’t have any controlled substance physically on you or touching any part of your body. Active possession is when you are physically holding the controlled substance, or it’s in… Read More »
How to Defend Against Drug-Related Charges in Tampa, Florida
Being charged with a drug crime, even if it’s a misdemeanor, is something you should take seriously. Given the intensity of the country’s war on drugs, sometimes the prosecutor will push for the most severe sentence possible. You’ll find that many drug charges are filed as felonies. Some drug charges can carry sentences of… Read More »
