Cases Dismissed | Drug Charge Defense Attorney Lawyer Drug Attorney Lawyer has just received an order dismissing 39 drug cases in Dade County. Drug Charges? Call 813-222-2220Full Copy of Florida Drug Charges Dismissed Order is Here. Here is most of the text of the Order. ORDER ON MOTIONS TO DISMISS A[F]or there is nothing either…
Continue reading ›Florida Drug Law Statute 893 Unconstitutional Update: As one recent legal memo has stated: “This statute is unconstitutional on its face, for the reasons stated in Shelton v. Secretary, Dept. of Corrections, 6:07-cv-839-Orl-35-KRS (M.D. Fla., July 27, 2011). In that case, the court granted habeas relief, vacated a conviction for delivery of cocaine, and concluded…
Continue reading ›893 Unconstitutional Attorney Lawyer Drug Defense Lawyer just received an update from an extremely well-qualified Federal Criminal Defense Attorney, Rosemary Cakmis. Questions? Call 813-222-2220. We are happy to present her as a guest author with her team’s cogent observations in their entirety: The applicability of Judge Scriven’s decision in Shelton — that the Fla Drug…
Continue reading ›Florida Drug Charge Defense Attorneys are still reviewing what to do with cases that may be reversed or dismissed as a result of this week’s big news that we first reported here. We have already drafted Motions to Dismiss Drug cases that we intend to file. Need Help with Motion Dismissing Drug Charges? Call Casey…
Continue reading ›Consent Search Grow House Defense Attorney notes a recent Grow House case where despite police allegations that there had been consent to search the house, the consent was invalidated after a finding that the cops had trespassed into the property after entering through a gate. Complete Growhouse Consent Search Opinion is located here. Grow House…
Continue reading ›Drug Defense Attorney on Search Criminal Defense Attorney reports a Search and seizure occurring after an illegal entry into a residential back yard has been invalidated by an appeals court. The area surroundind a home is known as the “Curtilage.” Sometimes cops claim Exigent circumstances justify a warrantless entry. In this case, the trial court…
Continue reading ›Drug Jury Instruction Florida Drug Charge Defense Attorney provides the 2011 Standard Jury Instructions used in Drug Cases involving Florida Statutes § 893.13. These are the instructions that are read to the Jury just before they retire for their deliberations. Drug Charges? Call Me Toll Free 1-877-793-9290 . § 893.13(6)(a), Fla. Stat. Certain drugs and…
Continue reading ›Car in Driveway Tampa Criminal Defense Attorney / Lawyer has just studied a new case where there was a search of a vehicle located within the curtilage of a residence that was the target of a search warrant. The curtilage of a residence is most deserving of protection from searches without a warrant of beyond…
Continue reading ›Drug Records Thrown Out Drug Charge Defense Attorney has been researching use of medical records by police in doctor shopping cases. One court just ruled the doctor’s records were inadmissible in evidence. “The state charged [the defendant] with oxycodone trafficking, contrary to subsection 893.135(1)(c)1.a., Florida Statutes (2009), and withholding information from a practitioner, which is…
Continue reading ›Search and Seizure Drug Defense Attorney notes another ruling on Drug Dogs and Sniffs and Vehicles. The Supreme Court bounced charges against a vehicle occupant facing drug charges. Drug Dogs and their handlers are under Attack in Florida again. This case involved a vehicle search where the dog sniffed the door handle of the car,…
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