Tampa Criminal Defense Lawyer - Fines Court Costs

Tampa Criminal Fines and Court Costs
Tampa Criminal Fines and Court Costs

Tampa Criminal Fines and Court Costs




Tampa Criminal Defense Lawyer Casey Ebsary reports there is a new program for paying fines and court costs at the Tampa Court House, Clerk of Court. For more information on the program see here: Tampa Criminal Defense Lawyer - Fines Court Costs

Here is a quick Q & A on the Clerk of Circuit Court C-Pay Partial Payment Plan:

What is C-Pay?


C-Pay allows you to make monthly payments on your case(s) until the balance is zero.


Who is eligibie for C-Pay?


C-Pay is open to anyone who is involved in a case and wants to agree to the structured plan.


What does it cost to enroll in C-Pay?


On Civil cases (excluding traffic tickets) a one time $25.00 administrative fee will be added to the amount you owe.

On Criminal cases, Traffic cases and Traffic tickets a $25.00 administrative fee will be added to the amount you owe if you choose to pay off your plan within 5 months. An additional $5.00 will be added for each additional month over 5 months.


What will my payments be and how many payments will I have to make?


The Clerk will provide you with various options to choose from.


What happens if my payment is late or if I miss a payment?


Your account may be referred to one of our collection agencies which will cause the remaining amount you owe to increase by 40%.


How do I sign up for C-Pay?


Contact the Collection Department at: 813-276-8100, Extension 3896 for more information.

Edgecomb Courthouse Building
800 E Twiggs Street — Windows 11 and 12
Tampa, FL 33601

Hours of operation are Monday — Friday, 8:00 am until 5:00 pm.

Florida Federal Drug Defense Attorney Publishes Typical Federal Criminal Complaint for Drug Charges



Federal Criminal Complaint for Drug Charges

Sample Federal Criminal Complaint
Sample Federal Criminal Complaint


Florida Federal Drug Defense Attorney, W.F. ''Casey'' Ebsary, Jr. has published a Typical Federal Criminal Complaint for Drug Charges. The names and identities have been edited. The Criminal Complaint was used by Federal Agents in a recent drug investigation.

Typical Federal Criminal Complaint for Drug Charges

I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief, On or about May 26, 2009, in Polk County, in the Middle District of Florida, an individual did, possess with intent to distribute anabolic steroids, a Schedule Ill controlled substance, in violation of Title 21, United States Code, Section 841. I further state that I am a Special Agent with United States Immigration and Customs Enforcement, and that this Complaint is based on the following facts:

SEE ATTACHED AFFIDAVIT

I, Special Agent, being duly sworn, hereby depose and state as follows:

I am a Special Agent with United States Immigration and Customs Enforcement (ICE), and have been so employed since May 5, 2008. I was previously employed as a Special Agent with the United States Secret Service for eight years. I am currently assigned to the ICE Special Agent in Charge (SAC), Tampa, Florida. The ICE/SAC Tampa has investigative responsibilities for crimes within the jurisdiction of Immigration and Customs Enforcement, including those that relate to the importation, smuggling and distribution of narcotics that occur in the Middle District of Florida, Since being assigned to the ICE/SAC Tampa I have been trained and involved in numerous types of investigations involving importation, smuggling and distribution of narcotics.

I am submitting this affidavit in support of a criminal complaint charging an individual with knowingly or intentionally manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, a controlled substance in violation of Title 21, United States Code, Section 841(a) (1). The following information is based upon my personal knowledge, as well as information provided to me and other law enforcement officers, agents, and by individuals cooperating with this investigation. Because the affidavit is submitted for the limited purpose of establishing probable cause for an arrest, not all of the facts and information known to me and other law enforcement agents are included herein.

On May 21, 2006, I received information from Special Agent, ICE/SAC Philadelphia that a package intercepted by the Customs and Border Protection Inspectors at the Philadelphia Airport, UPS Package Hub that contained items listed as liothyronine (200 tablets) and 37 vials with labels for drostanolone propionate, nandrolone decanoate, testosterone cypionate, and testosterone enanthate, which are all listed as anabolic steroids. Anabolic steroids are a schedule III controlled substance. 21 C.F.R. Section 1300.01(b)(4) defines anabolic steroids as “any drug or hormonal substance, chemically or pharmacologically related to testosterone)”, and lists the specific chemical names of numerous steroids. The package originated from Bratislava, Slovakia and the listed consignee was Name, Address. S/A inquired whether the ICE/SAC was interested in attempting a controlled delivery of the steroids to the listed consignee. I agreed to attempt a controlled delivery of the steroids.

I contacted the Sheriff’s Office and they agreed to participate in a controlled delivery to the listed consignee located within their jurisdiction. Sheriff’s Office Detective applied for and received a judicially authorized anticipatory search warrant for the above address signed from a Florida state court judge. Database checks revealed that the listed owner of Address is Name. Name had been arrested three (3) times in, including arrest for possession with intent to sell steroids,

On May 26, 2009, the steroid package was wired with an electronic beacon which emitted an alert indicating whether or not the steroid package had been opened by the consignee. At approximately 3:00 pm, an undercover Sheriff’s detective delivered the steroid package to Address. The Sheriff’s Detectives and ICE Agents monitored the electronic beacon which alerted approximately 5 minutes later, indicating that the package had been opened. Sheriff’s Office detectives gained entry into the residence pursuant to the judicially authorized search warrant. This individual was the only occupant and was observed in possession of the opened steroid package.

Sheriff’s Office search warrant was then executed. The search warrant was read to the individual and the individual was read his Miranda warnings/rights. The individual stated he wished to obtain a lawyer to represent him before questioning. During the search warrant, the individual made numerous spontaneous utterances concerning the distribution/sale/ importation of steroids. I personally heard the individual state, while being asked biographical information by Sheriff’s Office detectives, that he “would beat any charges like he had in the past,” and that “the only thing he knows is selling steroids.” The individual was then arrested and transported by the Sheriff’s Office.

Found during the search of the individual’s residence were numerous items, including five (5) firearms, three (3) of which were loaded handguns, one (1) loaded shotgun, and one (1) AR-15 assault rifle and ammunition for several caliber weapons; three (3) large containers containing numerous types of anabolic steroids with the labeled names boldenone, methenolone, nandrolone, oxandrolone, oxymetholone, testosterone, testosterone cypionate, testosterone enanthate, testosterone propionate (all listed in 21 C.F.R 1300.01(b) (4)); numerous blister packs with the printed substance diazepam (the Schedule IV controlled substance in the brand name valium); a digital scale; UPS packaging labels; anabolic steroids books; body building trophies and photos; three (3) computer towers; one (1) laptop; numerous filled syringes; and miscellaneous paperwork relating to steroids. Also found were many yet unidentified tablets and vials of substances suspected to be steroids and/or prescription medicines.

Based on the foregoing information, I believe that probable cause exists to conclude that this individual did knowingly or intentionally manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance, that is anabolic steroid, in violation of Title 21, United States Code, Section 841 (a) (1).

W.F. ''Casey'' Ebsary, Jr. is available Toll Free to help with these types of allegations. 1-877-793-9290.

Tampa Federal Criminal Defense

Typical Drug Bust Story

 Drug Crimes Possession and Distribution Drugs / Marijuana in State or Federal Court

Drug Crimes Possession and Distribution Drugs / Marijuana in State or Federal Court

Stories of Typical Drug Busts


Frequently, we see drug busts for drug crimes when police conduct a simple traffic stop. Sometimes narcotics squads obtain a search warrant based upon someone tattling to the police. Sometimes they are using a confidential informant. However it happens the results are terrifyingly similar. A suspect is nabbed and taken to jail. Their photo is posted all over the internet and tons of junk mail arrives claiming an attorney can help. If a vehicle or real estate was involved, the county may seek forfeiture of the property. That must be addressed immediately, as the property can be taken, even though you have not been convicted!

"Sometimes we find misconduct by the police, their
informants, or the technicians at the drug crime lab"

Within a month or so there will be a court appearance required. Florida has open court rooms. The media or an employer or friends may learn about the case. A discrete defense is needed early. Florida is unique in that although there has been an arrest, an Assistant State Attorney reviews each case before the actual charges are filed. Here is where an early intervention be your representative can help. Prosecutors often do not know all the facts and circumstances surrounding an arrest. Your lawyer can reach out to them and explain the situation in a way that will be far more favorable than the cold reading of a report written by the police who want to see the suspect end up with a criminal record.

If formal charges are filed anyway, a competent drug defense attorney will file a notice to the court and the prosecutor that the suspect is represented. Our office files a three page request demanding all witness identities, police reports, laboratory tests, video recordings, and audio recordings. we will send those reports to the client and carefully review them for signs of a defense. Sometimes we find misconduct by the police, their informants, or the technicians at the drug crime lab.

No Prior Drug Charges?


Many people have no prior record or are busted for small quantities. In those cases we can convince the State Attorney to consider dismissal of the charges. We take an active approach to show that those under arrest for drug charges are not always the criminal that police have suggested they are.
W.F. ''Casey'' Ebsary often helps those charged with Drug Crimes including possession and distribution of drugs in both State and Federal Court. Casey has also defended importation and international conspiracy charges involving literally tons of cocaine smuggled in an unmanned submarine, that case concluded at the United States Supreme Court. As a former drug crime prosecutor in Tampa, Florida, I have experience from both sides of the courtroom.




Casey knows the tactics and training of the police and prosecutors. He was also a prosecutor in the then newly-formed Drug Court System. Casey knows how to help in Motions to Suppress illegally-obtained evidence, in jury trials of these types of charges, and if appropriate can help avoid conviction through diversion programs like the Drug Court.

Marijuana Cannabis Attorney | NORML Legal Committee
Marijuana Attorney | NORML Legal Committee


 We Can Help with Drug Crimes



Your arrest and prosecution for possession of marijuana is serious. You need a Tampa Criminal Defense Attorney experienced in defending cannabis cases, contact WF Ebsary, Jr at 1-877-793-9290 today for FREE to discuss fighting your marijuana charges throughout the greater Tampa Bay area including Hillsborough County, Pasco County, Pinellas County, Florida. A marijuana conviction (or any drug offense) can result in an immediate two (2) year suspension of your driver's license. Even when the crime was not driving related.

When drug charges are made in State or Federal Courts, we can provide a solution. Call us today at 1-877-793-9290 for a free initial consultation. If it is more convenient for you, we respond quickly to your call for help via our Call For Help web submission. They are sent to us wirelessly. We are constantly checking and responding, and will quickly get back to you via telephone or email. Drug charges can be disastrous to have on your record. 

A drug crimes defense lawyer in Hillsborough County, Florida and Board Certified Criminal Trial Attorney in Florida can defend you against drug charges. Casey is experienced and available to defend against these charges: Marijuana, cocaine, prescription, and other drug charges that can be dropped. Tampa Bay area drug defense lawyer W. F. ''Casey'' Ebsary has experience and training as both a Hillsborough Drug Crimes Assistant State Attorney, who is now on the defense side helping people navigate treacherous waters when drug charges are at hand.

More Information on Marijuana and Cannabis Drug Crimes in Florida


 

Marijuana - Drug Attorney Tampa Lawyer on Call 24/7/365 ...

www.drug2go.com/p/marijuana-defense.html

In Florida, Marijuana charges can be a disastrous charge to have on your record. A Board Certified Criminal Trial Lawyer in Hillsborough Tampa Florida , can be ...

 

Having a Couple of Marijuana plants in your Florida backyard ...

www.drug2go.com/2015/05/marijuana-grow-backyard.html

Marijuana Grow Conviction Overturned - Knock and Talk. Motion To Suppress ... defendant's actions in answering questions and producing bag of marijuana for officers were not voluntary.

 

Free Florida Drug Crimes Information Search

Search Casey's Database

Help is available for oxycodone, morphine, methadone, amphetamines, hydrocodone, xanax, and other types of prescription medication problems

Tampa Prescription Drug Roundup

Prescription Drug Busts





Tampa Prescription Drug Defense Lawyer  received a report of yet another Prescription Drug roundup as HCSO Hillsborough County Sheriff's Deputies deputies made 33 arrests for dealing prescription medications. Code Name: Operation Pain Reliever .

Former Drug Court Prosecutor W.F. “Casey” Ebsary, Jr. is now available to help both the accused and their family members with all types of drug charges. Casey can help with oxycodone, morphine, methadone, amphetamines, hydrocodone, xanax, and other types of prescription medication legal  problems.



Need Relief? Call me Toll Free 1-877-793-9290.




Source: http://www.tampabay.com/news/publicsafety/crime/as-bondi-announces-crackdown-on-prescription-meds-33-arrested-in/1149356


Hillsborough Prescription Drug Busts | Operation Pain Reliever | Prescription Drug Defense Lawyer

Doctor Shopping - Florida Medical Records Thrown Out

Medical Records in Doctor Shopping Drug Cases



Drug Charge and Doctor-Shopping Defense Attorney Lawyer notes a case where although the court allowed evidence from warrantless seizure of pharmacy records, it granted a Motion to Suppress Evidence from medical records and discussions with doctors that were also obtained without a warrant. We have previously covered this law here: 

Florida Statute: 893.13.7A8 is a Third Degree Felony.
Statute Excerpt: 893.13 Prohibited acts; penalties.

(7)(a) It is unlawful for any person: To withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days.

Here are the Doctor Shopping Case Facts:
The officer had reason to believe that Defendant was committing the crime of withholding information from a physician and, as such, trafficking would ensue because the prescriptions received would have been fraudulent because of the withholding information. The officer goes to various pharmacies, pulls patient’s profiles. From those patients’ profiles, he finds out who the prescribing doctors are. He then goes to the prescribing doctors, in this case, [Dr. X and Dr. Y], and speaks with the doctors without any subpoena or search warrant being issued. The conversations include whether or not Defendant had disclosed previous prescriptions to the doctor. The officer also pulled and reviewed various patient documents.
Doctor Shopping Case Excerpts:
"Medical records and physician’s statements are protected by the statutory physician-patient privilege, and therefore, the State was required to get either a subpoena with court approval or prior notice to and authorization from Defendant. See §§ 456.057(6) & (7)(a), Fla. Stat. (2008)."
"The fact that the police had already secured doctors’ names from prescriptions at pharmacies does not waive the requirements of law. There is a danger of medical professionals willing to surrender private medical records and engage in discussions regarding private and privileged communications concerning their treatment of individuals in submission to apparent police authority."
"The language in Section 456.057 is intentionally broad in protecting information from being disclosed by a health care practitioner and in assuring that the condition of a patient may not be discussed. The protection extends to all patient records. The State is not precluded from obtaining the information it seeks. Its agents must only follow the law and either seek a patient’s written authorization or the issuance of a subpoena from a court of competent jurisdiction and proper notice to the patient or a search warrant."
"The object of the physician-patient privilege is to encourage patients to be entirely forthcoming and candid in their statements to their treating physicians. These conversations and the records with regard thereto protect our most fundamental right, the pursuit of life itself."
Source: 4th DCA No. 4D10-777 November 16, 2011

If you or someone you care about have been charged with Doctor Shopping you can call a Florida Criminal Defense Attorney at 813-222-2220 and tell me your story.

Tampa Doctor Shopping Florida Attorney Lawyer

Drug Crimes - Tampa Criminal Defense Lawyer - Board Certified

Drug Crimes Lawyer Tampa

Drug Crimes Lawyer Tampa



"Free Phone Consultation directly with a Board Certified Criminal Trial Lawyer"


Casey Ebsary is a Board Certified Trial Lawyer with diverse criminal litigation experience in drug cases.

813-222-2220


Fast, Easy, and Free Phone Consultation directly with a Board Certified Criminal Trial Lawyer.  I will personally speak to you about your charges.

Conveniently Located: Tampa, Florida 

Law Office of W.F. ''Casey'' Ebsary Jr
2102 W Cleveland St
Tampa, Florida 33606
(813) 222-2220
centrallaw@centrallaw.com

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Constructive Possession of Drugs in Florida

What is the Difference Between Actual Possession and Constructive Possession of a Controlled Substance?


Constructive Possession of Drugs in Florida
Constructive Possession of Drugs in Florida 

What is Actual Possession of Drugs in Florida?


One Florida court, Sasser v. State, 67 So. 3d 1150, 1152 (Fla. 2d DCA 2011) defined Actual Possession of Drugs in Florida as  "[A]ctual possession is shown when contraband is found in the defendant's hand, or his person, or within reach and under the defendant's control." (quoting Bennett v. State, 46 So. 3d 1181, 1183-84 (Fla. 2d DCA 2010)).  

What is Constructive Possession of Drugs in Florida?


To convict on a theory of constructive possession, the State is required to prove beyond a reasonable doubt (1) that the defendant had knowledge of the contraband and (2) that she had the ability to exercise dominion and control over the contraband.  See Knight v. State, 186 So. 3d 1005, 1012 (Fla. 2016); Santiago v. State, 991 So. 2d 439, 441 (Fla. 2d DCA 2008). Another issue is what happens when drugs are found near the person arrested. You can learn more about how another court ruled on constructive possession of drugs found near a person in Florida here. we have written another article about questions that must be answered for a prosecutor to establish that a suspect has possessed drugs here.

What happens where drugs are found in a room with more than one occupant?


Florida Drug Court - Sample Agreement

Florida Drug Court Diversion Agreement Sample


Dismiss Drug Charges, drug attorney, Drug Charge Attorney, Drug Court, Florida Drug Court Sample Agreement
Florida Drug Court
Sample Agreement
XXXX COUNTY DRUG COURT

AGREEMENT, ORIENTATION, AND RULES


This AGREEMENT is entered into this day, by the Client who agrees that:

The Client meets the criteria and is qualified for admission to the DUI Drug Court Program (hereinafter, the Program). And it is in the Client’s best interest to enter into this Agreement.

The Misdemeanor Client shall participate in the Program for a minimum of twelve (12) consecutive months. In accordance with the terms and conditions set forth herein. The Felony Client shall participate in the Program for a minimum of twenty-four (24) months. The Program shall consist of:

A. Phase I Requirements: Duration — MM (14 Weeks): Felony (28 Weeks)

  • 1) Bi-weekly (every other week) court appearances.
  • 2) Attend a minimum of 2 hours of group and/or individual therapy sessions. 1 time per week.
  • 3) Attend a minimum of 4 AA/NA meetings per week. Additional meetings may he. required upon treatment provider
  • recommendation.
  • 4) Submit to random alcohol/drug screens, Client must call the Color Line daily at (863) 534-5828.
  • 5) Comply with any additional requirements recommended by the treatment provider.
  • 6) Defendant will be responsible for all costs associated with the DUI Court Program.


B. Phase II Requirements: Duration — MM (22 Weeks)~ Felony (44 Weeks)

  • 1) Bi-weekly (every other week) court appearances.
  • 2) Attend a minimum of 2 hours of group and/or individual therapy sessions, I time per week.
  • 3) Attend a minimum of 3 ANNA meetings per week. Additional meetings may be required upon treatment provider
  • Recommendation.
  • 4) Submit to random alcohol/drug screens. Client must call the Color Line daily at (555) 534-5828.
  • 5) Comply with any additional requirements recommended by treatment provider.
  • 6) Defendant will be responsible for all costs associated with the DUI Court Program.
  • 7) There will be NO entry into Phase III until a sponsor has been obtained.


C. Phase 111 Requirements: Duration — MM (16 weeks); Felony (32 Weeks)

  • 1) Minimum monthly court appearances.
  • 2) Attend a minimum of 2 hours of group and/or individual therapy sessions, biweekly.
  • 3) Attend a minimum of 3 AA/NA meetings per week. Additional meetings may be required upon treatment provider
  • Recommendation.
  • 4) Submit to random alcohol/drug screens. Client must call the Color Line daily at (863) 534-5828.
  • 5) Comply with any additional requirements recommended by the treatment provider.
  • 6) Relapse prevention will be an essential element of Phase 111 treatment and shall be addressed for at least 1 hour during the
  • Group and/or individual sessions.
  • 7) Maintain frequent contact with sponsor.
  • 8) Develop an aftercare plan.
  • 9) Defendants will be responsible for all costs associated with the DUI Court Program.


DUI Drug Court Clients who are on periods of probation longer than twelve (12) or Twenty-lour (24) months may, at the discretion of the Court or Probation, be extended in the Program for a period not to exceed the term of their probation. The Program shall consist of:

A. Phase IV Requirements (for those on extended probation): Duration — not
To exceed term of probation

  • 1) Minimum monthly court appearances.
  • 2) Attend a minimum of 1 half hour individual therapy session per month.
  • 3) Attend a minimum of 3 AAINA meetings per week. Additional meetings may be required upon treatment provider
  • Recommendation.
  • 4) Submit to random alcohol/drug screens. Client must call the Color Line daily at (555) 534-5828.
  • 5) Comply with any additional requirements recommended by the treatment provider.
  • 6) Relapse Prevention will be a continuing element of Phase IV treatment and shall be addressed in individual therapy.
  • 7) Continue to maintain frequent contact with sponsor.
  • 8) Implement the aftercare plan developed in Phase III.
  • 9) Defendants will continue to be responsible for all costs associated with the DUI Court Program.


4. The Defendant shall appear in open court, when and as ordered to do so by the Court or the DU! Drug Court Program, and upon proper notification at his/her last known address. Failure to appear in court shall constitute a prima-facie violation of the terms of this Agreement.

5. For participation in the DUI Drug Court Program:

  • a. The Client shall pay the Polk County DLII Drug Court the amount of $l00
  • for the Initial client assessment and the first drug test, with such amount
  • Due and payable upon the first visit with the counselor.

  • b. The Client shall pay the XXX County XXX Drug Court an administrative fee of $180 per month for the services provided by the DIM Drug Court Program, the first payment of which is due thirty (30) days after signing of this Agreement.
  • c. For those Clients placed in Phase IV, the Client shall pay the Polk County DUI Drug Court Program an administrative fee of $140 per month for the services provided by the DIM Drug Court Program, the first payment of which is due thirty (30) days after placement in Phase IV.
  • d. All fees paid to Polk County Drug Court arc non-refundable.
  • e. In the event you graduate or are terminated from the program and have not paid all fees due, these fees will be D6’d against your driver’s license. This means your license will be suspended until full payment is made and you will be responsible to pay additional fees to reinstate your driving privileges.


6. The Client shall comply with the following terms and conditions as a part of this
Agreement:

  • a. Enter and successfully complete the DUI Drug Court Program consisting of evaluation and assessment, intervention, treatment, multiple urine
  • Screens, and payment of all fees;
  • b. Comply with all program requirements and those imposed by his/her DUI Drug Court Counselor, Probation Officer and the Court;
  • c. Advise his/her Probation Officer of any changes in address, telephone number, employment status or location, education, or treatment activities;
  • d. Participate in other programs and/or evaluations as may be established by his/her Counselor, Probation Officer or the Court, the cost of which shall
  • be paid for by the Client;
  • e. Truthfully answer all inquiries and follow all instructions of his/her Counselor, Probation Officer and expressly permit the Counselor and Probation Officer to visit his/her home, place of employment, school, or other location for the purpose of providing adequate supervision;
  • f. Make restitution, if necessary, as directed by his/her Counselor, Probation Officer or the Court;
  • g. Obey all Federal, state, and local laws and ordinances;
  • h. Associate only with law-abiding persons; and
  • i. Work regularly at a lawful occupation and/or pursue a course of study as a full-time student.


7. The Client shall not;
  • a. Use or possess alcohol or any illegal drugs;
  • b. Own, have in his/her possession, or attempt to purchase a firearm or any type of weapon; and
  • c. Leave the County or the State without the permission of his/her Probation Officer or the Court.


8. The Client acknowledges that he/she may be arrested without a warrant and be held without bond for violating any of these terms and conditions, and be brought before the Court for further disposition.

9. The Client acknowledges that he/she. Will be subject to warrantless searches and seizures of his/her person and belongings for illegal drugs/alcohol and/or weapons.

10. As a part of our services and to assess the effectiveness of our Program. The Client will be asked to complete a confidential survey for a period of up to twelve (12) months after completing the Program. The Client agrees that he/she will keep a current address with the DUI Drug Court, arid will complete and return any and all questionnaires and surveys that arc sent to the Client up to twelve (12) months post-discharge.

11. The Client acknowledges, understands, and agrees that any violation of this Agreement including testing positive for alcohol or illegal drugs could result in him/her receiving one or more of the following sanctions: 1) ½ day in Court; 2) increase urinalyses; 3) Jail; 4) Essays; 5) Curfew; 6) Lengthen time in program; 7~ Community service; 8) Increased group and/or individual sessions; 9) Increase NA/AA: 10) Termination; II) Electronic Monitoring; and 12) Any other sanction the Court may deem appropriate. If client objects to or refuses to comply with any of the therapeutic consequences administered by the DUI Drug Court Judge. He/she can be terminated from the program at that time and his/her probation will be revoked

12. The Client understands that he/she shall be terminated from the DUI Drug Court Program Upon request if ordered by the Court for non-compliance with program rules and regulations.

13. The Client’s entry into this Agreement is being made freely, knowingly, and voluntarily. If the client fails to abide by the terms and conditions of this Agreement, this will constitute a violation of their probation and they may be sentenced up to the maximum amount of time for the offense they arc on probation.

14. The Client acknowledges, understands, and agrees that if he/she is dismissed or terminated from the Program either voluntarily or involuntarily, he/she shall not be permitted to re-enter the Program at a later date.


By signing below, the Client acknowledges they have read and understand this Agreement and agree to comply with its terms and conditions.

THIS AGREEMENT SHALL BECOME EFFECTIVE IMMEDIATELY UPON APPROVAL OF THE COURT.

________________________ Date:
Client Printed Name Client Signature


Date:
Counselor Printed Name Counselor Signature

DRUG9101 POSSESSION OF CONTROLLED SUBSTANCE

Felony Drug9101 Possession of a Controlled Substance


893.13.6A, DRUG9101, POSSESSION OF CONTROLLED SUBSTANCE, Tampa Criminal Defense Attorney,
Possession Controlled Substance


Possession Controlled Substance


This is the 11th on the list of over 1500 ways to land in Tampa, Florida's Hillsborough County Jail. Possession of a Controlled Substance is a Third Degree Felony that can be punished by 5 years in the Florida State Prison. Here is a summary of the rather obscure names for drugs under the Florida Controlled Substances laws. We call it our Florida Drug Name Online Dictionary.

If you have been charged with DRUG9101 POSSESSION OF CONTROLLED SUBSTANCE you can call a Tampa Drug Crime Defense Attorney at 813-222-2220 and discuss your case at no cost or obligation.

Here are some bullet points on codes used and followed by actual language from the Florida criminal drug statutes.

  • Form Code: DRUG9101
  • Florida Statute: 893.13.6A
  • Level: Fel (Felony)
  • Degree: 3rd
  • Description: POSSESSION OF CONTROLLED SUBSTANCE


DRUG9101 POSSESSION OF CONTROLLED SUBSTANCE one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.13 Prohibited acts; penalties.

(6)(a) It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.

(c) Except as provided in this chapter, it is unlawful to possess in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084.

(d) Notwithstanding any provision to the contrary of the laws of this state relating to arrest, a law enforcement officer may arrest without warrant any person who the officer has probable cause to believe is violating the provisions of this chapter relating to possession of cannabis.

How Is the Weight Determined in Case of a Mixture in Drug Crimes?



How Is the Weight Determined in Case of a Mixture in Drug Crimes? 
Methamphetamine Mandatory Minimum Sentence 

How does the weight or Volume  of a controlled substance affect a drug sentence?


Wannabe Walter White Gets a Break

One court just changed the rules in how prosecutors can use the weight of drugs against defendants like the fictional Walter White. The Urban Dictionary tells us that a "wannabe' is a person "who copies or imitates all or most of the aspects dealing with their idol."

"The court found that since most of the substance was not usable by potential customers, there may have been an error in the weight calculation."

The weight of the controlled substance has a dramatic impact on the sentence imposed upon conviction or a negotiated plea agreement. Harsh minimum mandatory sentences are meted out by courts when the weight exceeds certain quantities.

Sometimes it might be a good idea to, "obtain an independent expert witness to analyze the liquids seized by police and to testify as to the amount of usable methamphetamine that could be produced from the liquids. . . " This is the takeaway from a recent federal drug criminal prosecution of a would-be / wannabe Walter White.

In an unusual fact pattern, the cops busted a guy who was in the process of making methamphetamine from pseudoephedrine. He used 2.4 grams of the precursor chemical, but was miraculously convicted of manufacturing over 50 grams of meth. The court found that since most of the substance was not usable by potential customers, there may have been an error in the weight calculation.

Usually Police Weigh Everything but the Packaging

In marijuana growhouse cases of manufacture of cannabis, police labs weigh the whole plant including the roots. In cocaine cases they weigh the powder including substances used to cut the drug. In Oxycodone cases they weigh the entire pill, even though it may include inert substances like acetaminophen. This decision may be limited to manufacture of controlled substances in a "laboratory" environment, since convictions for weed, coke, and oxy seem to still be intact.


Excerpts from the Court's Drug Quantity Decision


"The superseding indictment charged Griffith with manufacturing 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. § 841(a)(1)"

How Is the Weight Determined in Case of a Mixture in Drug Crimes?

"For a manufacturing methamphetamine offense, the total amount of the drug generally determines the penalty range, which is set by statutory minimum and maximum. See 21 U.S.C. § 841(b). If a defendant has a prior conviction for a felony drug offense and “50 grams or more of methamphetamine . . . or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine” were involved in the current offense, the range is 20 years to life." 

"the entire weight of the liquids attributed to him should not have been included in calculating the drug quantities"

What Happens When Illegal Drugs are Mixed with Other Unusable Substances?


"the liquids used to calculate his drug quantities were “unusable” toxic materials from the manufacturing process, and that he started with only 2.4 grams of pseudoephedrine and it “is impos[s]ible to turn 2.4 [g]rams of [p]seudoephedrine into more than 2.4 [g]rams of [m]ethamphetamine.”"

"we must accept that unusable liquids were counted in calculating the drug quantities that determined his mandatory minimum sentence and his advisory guidelines base offense level. We must also accept for present purposes that the liquids could not have produced any more than 2.4 grams of methamphetamine."

"The minimum amount of methamphetamine required for the jury to convict, as it did, under Count 1 is only a “detectable amount.” Griffith has always admitted that he had manufactured a detectable amount of it, and the evidence proved it. By contrast, the mandatory minimum sentence required a finding by the jury that Griffith had manufactured 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, and Griffith has always disputed that he did manufacture or could have manufactured that amount."

Here is a report from our friends in the Federal Criminal Defense Bar:
James Harold Griffith was convicted by a jury of manufacturing 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. After losing his direct appeal, he filed a 28 U.S.C. § 2255 motion to vacate his sentence, arguing that his trial counsel was ineffective for failing to argue that some waste materials in the drug manufacturing process should not have been included as a “mixture or substance” in his drug quantity determination, a determination which triggered mandatory minimum sentences and also increased base offense levels under United States Sentencing Guidelines § 2D1.1.
After an in-depth review of the Supreme Court law, Eleventh Circuit law, and relevant guideline amendments dealing with the meaning of “mixture or substance”  as used in 21 U.S.C. § 841(b), which sets a defendant’s base offense level based on “the entire weight of any mixture or substance containing a detectable amount of the controlled substance,” the Eleventh Circuit reversed and remanded for an evidentiary hearing. 
The Court wrote that its precedent is clear and was clear at the time of Griffith’s sentencing that the entire weight of drug mixtures which are usable in the chain of distribution should be considered in determining a defendant’s sentence, but only when the mixture can be consumed along with the controlled substance by the end user. Otherwise, unusable parts and waste products that must be separated  from the controlled substance before the controlled substance can be consumed are not to be considered in the calculation of a defendant’s sentence. 
The Eleventh Circuit held that Griffith had made out a prima facie case that his counsel was ineffective in failing to present this case law to the sentencing court, and that there was a reasonable probability that he was prejudiced by counsel’s ineffectiveness. The Court thus remanded his case to the district court, where he would be allowed to prove the truth of his allegations at an evidentiary hearing.

James Harold Griffith v. United States of America, No. 15-11877

(September 26, 2017)

Appeal from the United States District Court for the Middle District of Alabama

Panel: Ed Carnes, Chief Judge, Rosenbaum and Dubina, Circuit Judges

Ed Carnes, Chief Judge: Reversed and Remanded

The full text of the decision can be found here: