Watch: Drug Court Explained (Tampa Defense Perspective)

📺 Video – What do you do in drug court specialty court treatment program in Hillsborough County, Florida?

Drug2Go.com – Law Office of W.F. “Casey” Ebsary Jr
📞 Call Now: 813-222-2220

Drug Court agreements in Florida are binding court-supervised contracts that can significantly impact your criminal case, probation terms, and long-term record exposure. Before signing, you should fully understand what these agreements require and how violations are handled in practice.

You can learn more about my background as a Tampa criminal defense attorney here:
👉 https://drug2go.com/about/
Or contact my office directly here:
👉 https://drug2go.com/contact/

For broader criminal defense context, you can also review my drug crimes defense resources:
👉 https://drug2go.com/blog/

Drug Court vs Traditional Criminal Case

Drug Court may be beneficial in some cases, but traditional defense strategies may be more appropriate depending on the facts of your case.

Why Legal Review Before Signing Matters

Drug Court agreements are legally binding court orders that can significantly impact your freedom, probation obligations, and long-term criminal record exposure. Once signed, you are expected to comply with all terms under court supervision.

Before entering any agreement, I strongly recommend reviewing your case here:
👉 https://drug2go.com/about/
👉 https://drug2go.com/contact/

More Frequently Asked Questions

Is Drug Court the same in every Florida county?

No. Drug Court programs vary significantly depending on the judicial circuit. Requirements, supervision levels, and program structure are not uniform across Florida.

Can Drug Court result in dismissal of charges?

In some cases, successful completion may lead to reduced penalties or dismissal, but outcomes depend entirely on the court’s order and the underlying charge.

What happens if I fail Drug Court?

Failure to complete Drug Court may result in termination from the program and sentencing under the original criminal case.

Do I need a lawyer before entering Drug Court?

Yes. Drug Court agreements are binding legal contracts that can affect your criminal case outcome, probation, and future exposure.

Official Resources

Florida Courts: https://www.flcourts.gov/
Florida Statutes (Justia): https://law.justia.com/codes/florida/
Florida Department of Corrections: https://www.dc.state.fl.us/

Speak With a Tampa Drug Court Defense Lawyer

Drug Court may offer an opportunity for treatment-based resolution, but it also imposes strict legal obligations that must be fully understood before signing.

📞 Call 813-222-2220

👉 https://drug2go.com/about/
👉 https://drug2go.com/contact/
👉 https://drug2go.com/blog/
👉 https://drug2go.com/blog/tampa-drug-possession-attorney/
👉 https://drug2go.com/blog/tampa-drug-trafficking-attorney/
👉 https://drug2go.com/blog/illegal-search-and-seizure-florida-drug-cases/

Drug Court Agreement | Contract | Sample

Tampa, Florida Drug Defense Attorney has reviewed and now publishes a typical Drug / DUI Court Agreement presented to defendants in at least one Florida County.

Drug Court Questions? Call Me Toll Free 1-813-222-2220

The text of the agreement is below:

XXXX COUNTY DRUG COURT DUI DRUG COURT PROGRAM’S COORDINATED STRATEGY

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 AN/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 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 III 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 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 (XXX) YYY-ZZZZ.

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 DUI 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 XXX County DUI 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 DUI Drug Court an administrative fee of $180 per month for the services provided by the 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 XXX 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 XXX County Drug Court are 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.

Drug Court Questions? Call Me Toll Free 1-813-222-2220

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Casey has has a fully searchable Pinellas Cannabis Marijuana defense database using the search tool on this page. on marijuana and drug charges in Florida. This video discusses and Compares How to use probable cause and the possibility of drug charges being dismissed when police improperly search for and then seize contraband.

In this video, Casey reviews Minimum Mandatory sentences may apply to some Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial expert who defends marijuana, cannabis, hash, vape, Delta 9, drug crimes in Pinellas County, Florida.

Let us help you 813.222.2220

Transcript: Pinellas Marijuana Defense Lawyer Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailble for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at 813-222-2220. Let me drive to court to help you.[End of Pinellas Marijuana Defense Attorney Narration]

Video: Pinellas Marijuana Defense Lawyer 813-222-2220 Video on YouTube

This video discusses and Compares How to use probable cause and the possibility of drug charges being dismissed when police improperly search for and then seize contraband.

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Video Description:

In Florida, a judge’s hands are often tied by mandatory minimum sentencing laws. Former prosecutor and Board Certified Criminal Trial Lawyer W.F. “Casey” Ebsary Jr. explains how specific trafficking and serious drug charges carry non-negotiable prison times. If you or a loved one are facing serious state charges in the Tampa Bay area, your local defense strategy must begin immediately.

Florida Statute § 893.135 Marijuana Minimum Mandatory Sentences

The Florida Statutes on Cannabis and Marijuana provide harsh minimum mandatory sentences that kick-in at 25 pounds and 2000 plants. The stakes become higher when 10,000 pounds or 10,000 plants are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts.

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Video: Understanding Florida Sale of Cocaine Charges

Summary of YouTube Video

Watching an attorney explain how Florida drug prosecutions work can help you better understand the criminal process. Every criminal case is unique, and the facts, evidence, and applicable law determine the best defense strategy. This video provides general educational information and should not be considered legal advice for any specific case.

Tampa Sale of Cocaine Lawyer – DRUG1400 Defense Attorney

Charged with Sale of Cocaine in Tampa? Speak with a Board Certified Criminal Trial Lawyer Today.

Being arrested for DRUG1400 Sale of Cocaine is a serious matter that can place your freedom, career, and future at risk. Drug sale allegations often arise from undercover operations, confidential informants, controlled buys, surveillance, or traffic stops, and the prosecution must still prove every element of the offense beyond a reasonable doubt. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has spent decades defending individuals charged with serious felony drug crimes throughout Tampa and Hillsborough County. Call (813) 222-2220 today for a confidential consultation.

Why Should I Hire W.F. “Casey” Ebsary Jr.?

Choosing the right attorney can make an important difference when you are facing felony drug charges. Casey Ebsary is a former Florida prosecutor who understands how law enforcement investigates narcotics cases and how prosecutors prepare cases for trial. As a Board Certified Criminal Trial Lawyer, he has extensive courtroom experience handling complex felony cases and works to identify weaknesses in the State’s evidence while protecting his clients’ constitutional rights.

Learn more about attorney Casey Ebsary:

https://drug2go.com/about

What Is the Florida Crime of Sale of Cocaine?

Florida law prohibits the unauthorized sale, manufacture, delivery, or possession with intent to sell certain controlled substances, including cocaine. Sale of cocaine is commonly prosecuted as a felony offense under Chapter 893 of the Florida Statutes. Whether the State can obtain a conviction depends upon the specific facts, admissible evidence, and whether prosecutors can prove every required legal element beyond a reasonable doubt.

Official Florida Legislature:

https://www.leg.state.fl.us

Florida Statute §893.13 (Justia):

https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-13

DRUG1400 Quick Reference

What Must Prosecutors Prove?

The prosecution bears the burden of proving every required element of the charged offense beyond a reasonable doubt. Depending upon the allegations, the State may be required to prove that the defendant knowingly sold, delivered, manufactured, or possessed with intent to sell a controlled substance identified by Florida law. Evidence presented during the case must satisfy the applicable jury instructions and the rules governing criminal trials.

Florida Standard Criminal Jury Instructions are published by the Florida Supreme Court.

https://www.floridasupremecourt.org

Does the State Need Physical Evidence?

Physical evidence is frequently important in drug prosecutions, but every criminal case depends upon its own facts. Prosecutors may rely upon laboratory testing, witness testimony, surveillance, recorded communications, or other evidence permitted under the rules of evidence. A defense attorney carefully reviews whether the evidence was lawfully obtained, accurately preserved, and legally admissible before trial.

What Happens During a Drug Sale Investigation?

Drug sale investigations often involve undercover officers, confidential informants, surveillance operations, controlled purchases, or search warrants. Law enforcement agencies may also rely on digital evidence, text messages, recorded telephone calls, or financial records depending on the allegations. The investigative methods used in a case can become an important issue when evaluating possible legal defenses and constitutional challenges.

Can Intent Be Challenged?

Yes. In some prosecutions, the State alleges possession with intent to sell rather than an actual completed sale. Whether prosecutors can establish intent depends upon the admissible evidence, and the circumstances of each case may be closely examined by both the prosecution and the defense. Intent cannot simply be assumed and must be supported by legally sufficient evidence.

Are Search and Seizure Issues Important?

Search and seizure questions frequently arise in felony drug prosecutions. Traffic stops, vehicle searches, residential search warrants, consent searches, and warrantless searches may all become important issues depending upon the facts of the investigation. When constitutional protections are violated, a defense attorney may evaluate whether legal remedies are available under applicable law.

Why Is Local Experience Important?

Drug prosecutions are handled in the local courts where charges are filed, making experience in Hillsborough County valuable. Attorney Casey Ebsary has represented clients throughout the Tampa Bay area for many years and understands the procedures commonly encountered in serious felony cases. Local knowledge, trial experience, and careful preparation can all play an important role when defending criminal charges.

What Happens After an Arrest?

After an arrest, a defendant typically proceeds through several stages of the criminal justice system before the case is resolved. These stages may include first appearance, arraignment, discovery, motion practice, plea negotiations, and, if necessary, trial. Each stage presents important legal decisions that should be made after consulting with an experienced criminal defense attorney.

Florida Drug Case Timeline

Frequently Asked Questions

Is sale of cocaine the same as trafficking?

No. Florida law treats sale offenses and trafficking offenses as separate crimes with different statutory provisions. The exact charge depends upon the allegations made by prosecutors and the facts of the investigation.

Can someone be charged without money changing hands?

The answer depends on the specific allegations and evidence in the case. Florida law contains separate offenses involving sale, delivery, manufacture, and possession with intent to sell. An attorney can explain the particular charge after reviewing the arrest documents and available evidence.

Can undercover officers testify at trial?

Yes. Undercover officers may testify if they are called as witnesses and their testimony is admitted under the applicable rules of evidence. As with any witness, credibility and cross-examination may become important issues during trial.

Should I talk to detectives after my arrest?

Whether speaking with law enforcement is advisable depends upon the circumstances of the investigation. Before answering questions about a pending criminal case, many people choose to consult with an attorney to understand their legal rights and options.

Where can I read the current Florida statute?

The current version of the statute is available through the Florida Legislature and Justia.

Florida Legislature:

https://www.leg.state.fl.us

Justia:

https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-13

Speak With a Tampa Sale of Cocaine Defense Lawyer Today

If you have been charged with DRUG1400 Sale of Cocaine in Tampa or anywhere in Hillsborough County, obtaining experienced legal representation as early as possible is an important step. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has devoted his career to defending individuals accused of serious criminal offenses. Every case deserves a thorough review of the facts, the evidence, and the applicable law before important decisions are made.

Learn more about Casey Ebsary:

https://drug2go.com/about

Contact the Law Office of W.F. “Casey” Ebsary Jr.:

https://drug2go.com/contact

Call (813) 222-2220 today for a confidential consultation.

Meta Description

Charged with Sale of Cocaine (DRUG1400) in Tampa? Former prosecutor and Board Certified Criminal Trial Lawyer W.F. Casey Ebsary Jr. defends serious Florida drug charges. Call (813) 222-2220.

Original Drug1400 Sale of Cocaine Post from 2010

Cocaine Sale

If you have been charged with DRUG1400 SALE OF COCAINE you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: DRUG1400


Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 2nd
Description: SALE OF COCAINE

DRUG1400 SALE OF COCAINE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL


893.13 Prohibited acts; penalties.

(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

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An alleged Florida Drug Trafficker Walked on Cocaine charges. Charges were based upon a Cell Phone Search. The Number You Have Tracked is No Longer in Service – He was charged with ” possession of more than 400 grams of cocaine, as well as fleeing and eluding, driving while his license was revoked as a habitual offender, and resisting arrest without violence.”

The court questioned whether the warrantless use of electronically generated cell site location information to track an individual’s movements in real time both on public roads and, in this case, also into a residence, violates a subjective expectation of privacy in that person’s location . . . .”

The distinguishing factor in this case was the police tracked the suspect in his home.”Officers learned of his location on the public roads, and ultimately inside a residence, only by virtue of tracking his real time cell site location information emanating from his cell phone.”

Florida Supreme Court rules that “[t]he trial court found that the application for the October 23, 2007, order did not contain a sufficient factual basis on which to issue a search warrant, but denied the motion to suppress, finding that no warrant was required to use Tracey’s real time cell site location data to track him on public streets where the court held he had no expectation of privacy.” The Court found that the court below had erroneously “concluded that the exclusionary rule does not apply to prevent the State from using evidence derived from the statutory violation. . . . This conclusion was the result of reliance in part on federal decisions that have held that the exclusionary rule is not applicable to violation of the federal Stored Communications Act because the Act expressly rules out exclusion as a remedy, by stating that the listed civil and criminal penalties are the only judicial remedies and sanctions for violation of that act.”

Under Florida law, “[w] cannot overlook the inexorable and significant fact that, because cell phones are indispensable to so many people and are normally carried on one’s person, cell phone tracking can easily invade the right to privacy in one’s home or other private areas, a matter that the government cannot always anticipate and one which, when it occurs, is clearly a Fourth Amendment violation.”

Florida Supreme Court’s Ruling

“We further hold that under the circumstances of this case in which there was no warrant, court order, or binding appellate precedent authorizing real time cell site location tracking upon which the officers could have reasonably relied, the “good faith” exception to the exclusionary rule for “objectively reasonable law enforcement activity” set forth by the Supreme Court in Davis v. United States, 131 S. Ct. 2419, 2429 (2011), is not applicable. Thus, Tracey’s motion to suppress the evidence should have been granted.”

Cell Site Location Information Background – CSLI

“Cell site location information (also referred to as CSLI) refers to location information generated when a cell phone call occurs. Cell service providers maintain a network of radio base stations called “cell sites” in different coverage areas. A cell site will detect a radio signal from a cell phone and connect it to the local network, the internet, or another wireless network. The cell phones identify themselves by an automatic process called “registration,” which occurs continuously while the cell phone is turned on regardless of whether a call is being placed. When a call is placed and the cell phone moves closer to a different cell tower, the cell phone service provider’s switching system switches the call to the nearest cell tower. The location of the cell phone can be pinpointed with varying degrees of accuracy depending on the size of the geographic area served by each cell tower, and is determined by reference to data generated by cell sites pertaining to a specific cell phone. “

“Florida’s counterpart to this federal scheme is contained in chapter 934, Florida Statutes, titled “Security of Communications.” In 2007 when the order in this case was entered for installation of the pen register and trap and trace device as to Tracey’s cell phone, section 934.31, Florida Statutes (2007), similar to federal law, required a court order to “install or use a pen register or a trap and trace device.” § 934.31(1), Fla. Stat. (2007). Section 934.33(1), Florida Statutes (2007), allowed entry of the order if the officer making the application under section 934.32, Florida Statutes (2007), certified that the information likely to be obtained by the installation and use of a pen register or trap and trace device is “relevant to an ongoing criminal investigation” by that agency. § 934.32(2)(b), Fla. Stat. (2007) (emphasis added). “

Complete Opinion is here:

https://drive.google.com/file/d/0Bw1ZJqIwtQE4VlEwWjdJVkRwVk0/view?usp=sharing
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

What happens in a typical Constructive of Possession of Cocaine Case in Florida?

Here are excerpts from what a constructive possession appeals court court just did in Tampa Bay, Florida:

In March 2014, Manatee County Sheriff’s deputies were called to a motel in Bradenton to investigate a possible robbery. When they arrived, they encountered the victim who informed them she had been robbed by Edwards and his friend, Rachel Simms. The officers located Edwards and Simms in a motel room and interviewed them. During the investigation, the officers discovered a car key for a vehicle parked outside. One of the officers had seen Edwards sitting in the driver’s seat of the vehicle a couple of hours prior to the robbery call. As a result, the officers asked Edwards for consent to search the vehicle. Edwards notified the officers that he did not own the vehicle but instead had borrowed it. The officers then obtained consent from the owner of the vehicle, but the owner advised the officers that the key found in the motel room would only work in the vehicle’s ignition. It would not open the vehicle because the vehicle was equipped with a combination lock. The owner gave the officers the combination to unlock the vehicle, but the evidence reflected that Edwards knew the combination as well.

During the search of the vehicle, one of the officers located a gray canvas bag under the driver’s seat. Inside that bag was a wallet that contained Edwards’s identification card as well as a bail bond receipt bearing the name of “Joanne A. Simms.” The robbery victim’s identification card was also found in the canvas bag along with a few other items that contained no identifying information. The police report reflected that there was a smaller purple bag inside the canvas bag and inside that smaller bag was a plastic baggie containing rock cocaine. The officer who found the cocaine testified that there was indeed a purple bag inside the canvas bag despite the fact that there was no purple bag submitted into evidence at the sheriff’s office.

“While this case does present circumstances that could be interpreted as incriminating, those circumstances can also be construed as being consistent with . . . innocence.”

Edwards was arrested and charged with robbery with a firearm and possession of cocaine. At trial, Simms testified regarding the events leading up to and including the alleged robbery. However, her testimony revealed some inconsistencies regarding exactly when she had been inside the vehicle in question. She at first admitted going with Edwards and the victim to get cigarettes, but she subsequently denied being in the vehicle on the day of the alleged robbery. However, Edwards testified that on the relevant date, he, Simms, and the victim all got into the vehicle and went to a local convenience store to obtain cigarettes. He testified that Simms drove the vehicle there. He denied possessing the cocaine, and there was no evidence presented regarding ownership of the canvas bag or the purple bag within the canvas bag. There was also no fingerprint evidence submitted.

Edwards moved for judgment of acquittal arguing that the vehicle had been jointly occupied and that the State had failed to present independent proof that Edwards had knowledge of the cocaine and the ability to maintain dominion or control over it. He proffered that it was possible that Simms or the victim placed the cocaine in the bag. His motion was denied.

Ultimately, the jury acquitted Edwards of the armed robbery charge but found him guilty of the possession charge. He was sentenced to a suspended five-year prison sentence and placed on one year of community control followed by two years of probation. His license was also suspended, and a community service requirement was imposed.

Why did the Florida Court Reverse the Drug Crime Conviction?

We employ de novo review over the denial of a motion for judgment of acquittal. See Pagan v. State, 830 So. 2d 792, 803 (Fla.2002). We will only reverse if the conviction is not supported by competent, substantial evidence. See id. Yet “[w]here, as here, the evidence of the defendant’s guilt is entirely circumstantial, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence.” Bennett v. State, 46 So. 3d 1181, 1183 (Fla.2d DCA 2010) (citing State v. Law, 559 So. 2d 187, 188 (Fla.1989)).

What does the Prosecutor Need to Prove to establish Possession of Cocaine in a Drug Crimes Case?

Here, Edwards was not found in physical possession of the cocaine and thus the State’s case was predicated on constructive possession. The State was required to prove, beyond a reasonable doubt, that Edwards knew of the presence of the cocaine and had the ability to exercise dominion and control over it. Bennett, 46 So. 3d at 1184; Jacksonv. State, 995 So. 2d 535, 539 (Fla.2d DCA 2008). “The surrounding circumstances must support the inference of a ‘conscious and substantial possession by the accused, as distinguished from a mere involuntary or superficial possession.’ ” Jackson, 995 So. 2d at 539 (quoting Reynolds v. State, 111 So. 285, 286 (Fla.1926)). “Mere proximity to contraband, without more, is legally insufficient to prove possession.” Id.(quoting Pena v. State, 465 So. 2d 1386, 1388 (Fla. 2d DCA 1985)).

“As our case law has made clear, a defendant’s knowledge and control of contraband may be inferred where there are incriminating circumstances beyond mere proximity from which a jury could infer those elements.”

The evidence failed to show that Edwards had knowledge of the presence of or had the ability to exercise dominion and control over the cocaine. Although he admitted borrowing the car, knew the combination to unlock it, and had been seen sitting in the driver’s seat a couple of hours prior to the alleged robbery, he was not with the vehicle when the officers arrived. Further, there was evidence presented that Simms and the victim had been in the vehicle with Edwards that day and that Simms had actually driven the vehicle.

What happens in Drug Possession cases when the vehicle has multiple occupants?

Where the area in which drugs are found is in joint, rather than exclusive possession, a defendant’s “knowledge of the contraband’s presence and the ability to control it will not be inferred from the ownership but must be established by independent proof.” Jackson, 995 So. 2d at 539 (quoting Brown v. State, 428 So. 2d 250, 252 (Fla. 1983)). This can be done either “through ‘evidence that the defendant had actual knowledge of the presence of the contraband or evidence of incriminating statements or circumstances, other than simple proximity to the contraband, from which the jury could infer the defendant’s knowledge’ of the contraband.” Id.(quoting Wagner v. State, 950 So. 2d 511, 513 (Fla.2d DCA 2007)). “An inference of knowledge and dominion and control may . . . arise where the contraband located in [a] jointly occupied [area] is found in or about other personal property which is shown to be owned or controlled by the defendant.” Id.

What happens in a Possession of Cocaine Case where the area that drugs were found was Jointly Occupied?

However, in this case, the cocaine was found in an area that the evidence reflected had been jointly occupied, and the cocaine was found near personal property which was shown to be owned or controlled by at least three people including Edwards. The victim’s identification card was located inside the gray canvas bag, and a bail bond receipt bearing the name of “Joanne A. Simms” was found inside Edwards’s wallet. Consequently, under these limited circumstances, we refuse to apply an inference of Edwards’s knowledge of the presence of and dominion and control over the cocaine. Cf. Jackson, 995 So. 2d at 540-41 (holding that surrounding circumstances were sufficient for a rational jury to conclude that the drugs contained in a change purse located near the defendant were known to him and were under his dominion and control where the change purse appeared to have spilled from a larger purse, the defendant was known to carry a purse and there were no other purses in the dwelling, the defendant’s identification was found inside a cigarette case that also appeared to have spilled from the purse, and there was no evidence in or around the purse or the change purse that they belonged to anyone other than defendant).

What does a Florida Court do where there is a defense based upon a jointly occupied vehicle?

This court has previously reversed a conviction based on constructive possession where a defendant was in a jointly occupied vehicle and drugs were located near his personal belongings but the items were in an area to which the other passengers had equal access.1 See, e.g., S.B. v. State, 657 So. 2d 1252, 1253 (Fla. 2d DCA 1995) (holding that evidence was not inconsistent with the defendant’s theory that someone put marijuana in his bag where the bag was located inside the trunk and the marijuana was found inside another container that was inside the defendant’s bag, where multiple people had access to the bag, and where the defendant disclaimed ownership of the container). This is such a case.

What do Florida Courts do when there is a Jointly Occupied House?

Similar dispositions have occurred where drugs were found concealed near a defendant’s personal property inside jointly occupied houses. See, e.g., Bennett, 46 So. 3d at 1183 (holding in relevant part that the State failed to prove constructive possession of drugs found inside a cardboard box where defendant’s shirt was found because there was no evidence to prove who owned the other clothes in the box and defendant had a reasonable hypothesis that he threw his shirt on top of the box without knowing that the drugs were inside); N.K.W., Jr. v. State, 788 So. 2d 1036, 1038 (Fla. 2d DCA 2001) (holding evidence was insufficient to establish constructive possession where, although drugs were found in a plastic bag inside defendant’s wallet, defendant was never asked if the bag belonged to him, no fingerprints were lifted from the bag, defendant denied ownership of the bag, and multiple people had access to the room where his wallet was located); Evans v. State, 32 So. 3d 188, 189-90 (Fla. 1st DCA 2010) (holding that the State failed to prove constructive possession where drugs were hidden in a pain reliever bottle inside a small toiletry bag, which was itself inside a duffel bag that also contained the defendant’s passport, but where no one was in actual possession of the duffel bag at the time of the search, multiple people had access to the room where the bag was found, no fingerprints were found on the duffel bag or pain reliever bottle, and no one was asked about ownership of the pill bottle).

The proximity of Edwards’s identification to the purple bag in which the cocaine was concealed might be consistent with his having knowledge of the cocaine and dominion and control over it. Yet those facts are equally susceptible to the reasonable hypothesis that the cocaine was in the possession and control of Simms or the victim while they were in the vehicle and that Edwards simply threw his wallet into the gray canvas bag without knowing that the cocaine was inside. See Bennett, 46 So. 3d at 1184. Indeed, there was no evidence presented as to when the cocaine was placed in the purple bag or when the purple bag was placed inside the gray canvas bag. See Evans v. State, 32 So. 3d 188, 191 (Fla. 1st DCA 2010) (noting that presence of the defendant’s passport in duffel bag suggests he placed it there, but explaining that “[s]uch an inference . . . provides no time frame with regard to when the contraband came to reside in the bag, nor any help as to appellant’s present dominion over the contraband” and, therefore, the “mere presence of the passport” was insufficient to establish defendant’s constructive possession). The lack of a time frame for placement of the cocaine in either bag, combined with the lack of evidence regarding ownership of either bag, the lack of fingerprint evidence, and the fact that items belonging to persons other than Edwards were also located in the gray canvas bag lead us to conclude that the State’s circumstantial evidence failed to prove that Edwards was in constructive possession of the cocaine.possession of the cocaine.possession of the cocaine. While this case does present circumstances that could be interpreted as incriminating, those circumstances can also be construed as being consistent with Edwards’s hypothesis of innocence.

Reversed and remanded with instructions.

What does a Florida Court do where there is a defense based upon a jointly occupied house?

We emphasize that it was the combination of these factors that requires us to reverse the judgment in this case. We do not intend for this opinion to be interpreted as requiring reversal whenever drugs are located near a defendant’s personal items that are commingled with personal items belonging to someone else. As our case law has made clear, a defendant’s knowledge and control of contraband may be inferred where there are incriminating circumstances beyond mere proximity from which a jury could infer those elements. See Jackson, 995 So. 2d at 539.

Source:

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2016/February/February%2012,%202016/2D15-612.pdf
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Florida Statute § 893.135  Cocaine Minimum Mandatory Sentences

The Florida Statutes on Cocaine provide harsh minimum mandatory sentences that kick-in at 28 grams. The trafficking stakes become higher when 400 grams or 10,000 plants are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts.

Trafficking

Knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of Cocaine:

Drug Amount                          Mandatory Minimum Sentence & Fine

28 – 200 grams                          3 years, $50,000 fine

200 – 400 grams                        7 years, $100,000 fine

400 grams – 150 kilograms        15 years, $250,000 fine

Contact Casey – Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220