Drug Crimes Case Results (Part 3)

Internal Reference #1062B

Facts: Same defendant as #1062 also had a separate charge for Possession of Oxycodone. The defendant had also absconded from the law on this case and was facing five years Florida State Prison on this charge.

Results:

Possession of Oxycodone – Time Served – Adjudicated Guilty(522 days)

Internal Reference #2001

Facts: The defendant is an employee at the location and was observed to enter the victim’s hotel room by other employees. The defendant was observed to remove money from the victim’s pants and said to other employees, let’s take $200.00 dollars. The employees told the defendant to put the money back, which he did. The employees reported the incident to hotel management. The victim was contacted and advised to check his money. The hotel manager checked the security video which showed the defendant returning to the area of the room. An employee also observed the defendant leaving the room again. The victim checked and discovered approximately $800.00 missing from his pants. Detectives responded to the scene to investigate. The defendant gave the detective verbal consent o search his motorcycle for the money, during which, the Detective found an unlabeled prescription bottle containing 4 tables which were later identified as 40mg methadone tablets, a controlled substance. Deputy G was placing the defendant into custody for the theft and narcotics to be transported into the station to be read his Miranda rights and a sworn statement taken. As Deputy G was handcuffing the defendant, he made a spontaneous utterance, asking if he could show us were the money was. The defendant told detectives the money was in a shirt pocket, an employee locker and it was $400.00. The victim told Detectives the money was taken without his knowledge or consent and he wanted to prosecute.

Charges:

1. Grand Theft>$300/<$500(812.014-2c1)
2. Possession of Controlled Substance(893.13-6a)

Result:

1. Grand Theft>$300/<$500(812.014-2c1) - Dismissed
2. Possession of Controlled Substance(893.13-6a) – Dismissed

All charges dismissed

Internal Reference #2002

Facts: On December 06, at approximately 0106 hours. Officer A responded to a location at the request of Deputy W in reference to a DUI investigation. Upon arrival, Officer A contacted Deputy W who advised that he observed a car running a stop sign. Deputy W further stated that he then observed the vehicle accelerate to (vehicle pace) 45-25mph. Deputy W advised that he conducted a traffic stop and made contact with the driver. Deputy W stated that the defendant was identified by her Florida Drivers License and he observed a strong odor of alcohol emitting from within the defendants breath along with slurred speech, and bloodshot watery eyes. Deputy W went on to state that a teletype check of the defendants D.L revealed that it was suspended . Deputy W then advised that he notified the DUI task force.

Officer A made contacted with the defendant who was sitting inside her vehicle. Officer A asked the defendant to exit her vehicle and observed her almost falling. The defendant was advised that Officer A was there to conduct a DUI investigation. Officer A observed that the defendant had slurred speech, and bloodshot watery eyes along with a strong odor of alcohol emitting from within the defendants breath. Officer A advised the defendant that he was a deputy with the Sheriffs office and would be conducted a DUI investigation. Officer A asked the driver had she taken any medication and she stated yes(soma and oxycodone). The subject agreed to submit to roadside sobriety exercises, which were completed on a blacktop surface lit by street lights.

Information Phase:

HGN: Nystagmus at maximum deviation – both eyes

Onset prior to 45 degrees – both eyes

Moved Head

Lack of Smooth Pursuit – both eyes

Estimated angle of onset 35 degrees

Vertical Observed

Observed eye and body tremors

Walk and Turn:

Instructed, Demonstrated, Understood

Unable to balance while listening to instructions (stepped out three times)

Started to soon(four times)

Front Nine:

Stumbled on step 2

Improper turn(incorrect number of steps)

Back Nine:

Not heel to toe(6,7)

Stumbled on step 6

One Leg Stand:

Instructed, Demonstrated, Understood:

Started too soon

Swayed

Placed foot down several times

Counted 15(twice)

Rhomberg Balance:

Instructed, Demonstrated, Understood:

Swayed

Eye and body tremors

Estimated 30 in 22sec(internal clock slow)

The defendant was placed under arrest for driving under the influence of alcohol, chemical and or controlled substance. The defendant was read Florida Implied Consent Law. The defendant agreed to submit to a breathalyzer and urine sampler. The subject was transported to a facility and Operator M completed a DUI influence report and breathalyzer card. The results were .073/.076). The defendant was asked for a Urine sample on scene. Operator M escorted the subject into the restroom. Once inside Operator M observed the defendant attempted to conceal a plastic pill bottle in her virginal area. Operator M recovered the property and handed it over to Officer A. Officer A identified the 5 ½ white pills as Xanax and 4 white pills as hydrocodone in the 2004 Drug Identification Bible. The listed contraband was contained inside a oxycodone prescription bottle. The contraband was recovered and will be sent to the lab for further testing. Following the process, the defendant was transported to jail.

Charges:

1. Possession of Hydrocodone-Zyone, Vicod(893.13-6a(2a1J)
2. Possession of Alprazolam-Xanax(893.13-6a(4A)
3. DUI Alcohol or Drugs 1 ^st Offense(316.193-2a2a)
4. Drive While License Suspended – First(322.34-2a)
5. Disobey Stop/Yield Sign(316.123(2)(A)
6. Speeding State Posted(316.187(1)

Result:

1. Possession of Hydrocodone-Zyone, Vicod(893.13-6a(2a1J) - Dismissed
2. Possession of Alprazolam-Xanax(893.13-6a(4A) - Dismissed
3. DUI Alcohol or Drugs 1 ^st Offense(316.193-2a2a) -Dismissed
4. Drive While License Suspended – First(322.34-2a) – Transferred to county court
5. Disobey Stop/Yield Sign(316.123(2)(A) – Transferred to county court
6. Speeding State Posted(316.187(1) – Transferred to county court

Internal Reference #2012

Facts: Officer S was dispatched to a location in reference to an unrelated matter. Upon arrival, Officer S saw litter being thrown out of the defendant’s vehicle from the passenger side. Officer S approached the vehicle and the defendant opened the driver’s side door and Officer S smelled the odor of burning marijuana coming from the vehicle. Officer S recognized the odor from his training and experience. Officer S then observed what appeared to be a marijuana cigarette still burning from the vehicles ashtray. Both the defendant and the passenger were detained. The marijuana cigarette field-tested positive using Narcotest. The passenger was read his Miranda rights from a prepared card. The passenger gave a sworn statement that he had purchased 5 dollars worth of marijuana from the defendant and was in the process of smoking it when Officer S approached. The defendant was placed under arrest and a search of the vehicle subsequent to arrest revealed a plastic baggie containing suspect marijuana inside the glove compartment, this was field-tested positive. Also retrieved were three plastic baggies containing marijuana residue consistent with the sale, packing, and distribution for sale of marijuana. Also retrieved were rolling papers from the passenger door pocket. The marijuana was transported to the police department and weighed. The marijuana in baggie weighed 12.5 grams and the marijuana cigarette weighed 7.8 grams. The marijuana was placed into property at the police department. The defendant was taken to the police department for processing and then to jail for booking.

Charges:

1. Possession of Marijuana w/ Intent to Deliver(893.13(1a2))
2. Possession of Marijuana >20 g(893.13)(6a)
3. Possession of Narcotic paraphernalia(893.147(1)

Result:

1. Possession of Marijuana w/ Intent to Deliver(893.13(1a2)) - Dismissed
2. Possession of Marijuana >20 g(893.13)(6a) - Dismissed
3. Possession of Narcotic paraphernalia(893.147(1) – Dismissed

All charges dismissed

Internal Reference #5021

Process: Same ∆ as 5020. Client hired Mr. Foley for two court dates but could not pay the fee for representation, so Mr. Foley filed motion to withdraw after two court dates.

Charges: Possession of cocaine

Internal Reference #5022

Process: Mr. Foley filed a motion to withdraw because ∆ was not making payments.

Charges:

1. Cocaine trafficking
2. Conspiracy to traffic in cocaine

Result: Motion to Withdraw Granted

Internal Reference #6019

Facts: Officer saw ∆ driving with an expired temporary plate. Officer activated his emergency equipment to perform a traffic stop. ∆ began to conceal himself and threw a white paper bag onto the passenger seat. In the process of throwing the bag, officer ordered ∆ out of the vehicle and executed a weapons pat down for officer’s safety. Officer found a dirty syringe in ∆’s right front pocket. Further investigation of the vehicle found six suspected baggies of heroin that had fallen out of the white bag in plain view on the passenger seat. ∆ spontaneously stated the heroin belonged to him and he is trying to quit.

Process: ∆ died during case.

Charges:

1. Possession of heroin < 10 grams (893.13(c))
2. Possession of drug paraphernalia (893.147)

Result:

1. Possession of heroin < 10 grams (893.13(c)) – nolle prosequi
2. Possession of drug paraphernalia (893.147) – nolle prosequi

All charges dismissed

Internal Reference #6020

Facts: Officer observed ∆ failed to stop for a stop sign. Officer conducted traffic stop and ∆ was extremely nervous. Officer asked ∆ for permission to sniff his vehicle with trained narcotics “K-9.” ∆ stated “Ok, go ahead.” K-9 did sniff of vehicle and alerted to driver’s door compartment. Officer then recovered 2 crack cocaine rocks. ∆ placed under arrested.

Process: ∆’s first drug offense, entered into diversion program.

Charges: Possession of cocaine (893.13-6A)

Result: Possession of cocaine (893.13-6A) – diversion program, dismissed

All charges dismissed

Internal Reference #7009

Charges:

1. Delivery of Methamphetamine
2. Possession of Methamphetamine

Result: Motion to Withdraw granted

Internal Reference #7018

Facts: The defendant did unlawfully and knowingly give minors tobacco. Miranda Rights Read. Affiant observed the transfer of Tobacco – Newport Cigarettes

Charges: Unlawful sell, deliver, barter, furnish, or give, directly or indirectly tobacco to a minor

Result: Unlawful sell, deliver, barter, furnish, or give, directly or indirectly tobacco to a minor – Dismissed

All Charges Dismissed

Internal Reference #8007

Charges:

1. Possession of Oxycodone
2. Possession of Alprazolam

Result: The defendant received 3 years probation Withhold of Adjudication

Internal Reference #8011

Facts: The defendant was observed coming out of an abandoned house. The defendant saw the officer’s marked police vehicle, he attempted to conceal himself by ducking under a can that is located inside of the yard. The officer then exited his vehicle in an attempt to locate the defendant. The defendant then proceeded to jump the fence of the yard and began walking. The officer gave the defendant multiple loud verbal commands to stop but the defendant ignored. The officer then observed the defendant reach into his right jacket pocket and toss what appeared ot be a baggie of cocaine on the ground and began stepping on it in an attempt to destroy the suspect narcotics. The officer then observed the defendant kick the baggie of suspect cocaine onto the sidewalk without losing sight of the baggie of suspect cocaine. The officer recovered it and verified that it was in fact suspect cocaine inside of the baggie. The area surrounding the abandoned house had been plagued over the years with multiple cases of robberies, burglaries, prostitution, and drug use/distribution. Once the defendant was in custody, the officer read Miranda from a card, and asked the defendant what he was doing in the abandoned house and he advised that he was going to buy weed. The defendant was unable to dispel the officer’s alarm for the safety of the community and property. The defendant was arrested.

Charges:

1. Possession of Cocaine
2. Tampering With Evidence
3. Loitering and Prowling

Process: The state offered 4 years Florida State Prison. Mr. Foley Filed a Motion to Suppress. The defendant was already a convicted felon but was out on bond. Mr. Foley was able to negotiate with the state and receive time served.

Result:

1. Possession of Cocaine – Adjudication, Time Served
2. Tampering With Evidence – Adjudication, Time Served
3. Loitering and Prowling – Dismissed

Internal Reference #8012

Charges: Deliver Oxycodone

Result: Possession of Oxycodone – Adjudication Withheld, Drug Offender Probation

Internal Reference #9004

Facts: The defendant was observed snorting a white powder in the parking lot of a location that the police were conducting surveillance. An investigative stop was conducted and a consent to search was obtained. Search of the vehicle revealed the defendant obtained a prescription for oxycodone from a pain management clinic and a prescription for oxycodone from another clinic. The defendant obtained two prescriptions of like therapeutic value within 30 days.

Charges:

Trafficking oxycodone 4-14 grams (1 ^st degree felony facing 30 years Florida State Prison with a minimum mandatory of 3 years)

Withheld Info From Practitioner

Result:

Trafficking oxycodone 4-14 grams – Reduced to a 3 ^rd degree felony Possession of Oxycodone, Withhold Adjudication, 4 years drug offender probation to run concurrent with the other charges.

Withheld Info From Practitioner

Withholding Info From Practitioner

Internal Reference #9011

Facts: Officer P was traveling north on the interstate in the north bound outside center paved travel through lane. Officer P observed a car traveling north in the north bound outside paved travel through lane in front of him. Officer P observed the vehicle following too closely to a four-door sedan, blue in color. The vehicle was tailgating another vehicle for approximately twenty-five yards. Officer P observed through the rear left window of the vehicle that the driver was not wearing his seat-belt. Officer P pulled behind the vehicle and activated his emergency equipment (lights and sirens) to initiate a traffic stop. They pulled to the right paved shoulder of the lane. Officer P approached the vehicle on the passenger side and made contact with the passenger and driver(defendant). Officer P immediately smelled the strong odor of burnt cannabis coming from inside the vehicle. Officer P told the defendant that he pulled him over for following too closely and not wearing his seat belt. Officer p asked the defendant for his license, registration, and insurance. The defendant handed Officer P his Florida license as well as the registration and insurance. Officer P told the defendant and the passenger that he smelled the odor of burnt cannabis and asked the passenger to step out of the vehicle. For officer safety, Officer P detained the passenger in restraints behind his back so that he could conduct a search of the vehicle. As Officer P was detaining the passenger, the defendant exited the vehicle. Officer P told the defendant four times to get back in the car. The defendant said “Come on man, nah” and proceeded to walk away from the vehicle. Officer P told the defendant to stop and he jumped over the concrete barrier wall, which is located on the right shoulder. The defendant then proceeded to run down the grassy hill. Officer P jumped over the wall and proceeded after him. Officer P yelled over the radio for back up. Officer P ran after the defendant on foot. Officer P followed him north through the grass. The defendant had his hands down the front of his pants as if he kept trying to grab for something as he was running. Officer P kept yelling at the defendant to stop. Officer P pulled out his Taser because he could not see the defendants hands and was in fear of his life. Officer P did not know if the defendant was concealing a weapon or not. The defendant tripped and landed face first in the grass with his hands hidden underneath him. Officer P took the cartridge off of his Taser and said “Show me your hands or I will tase you”. The defendant would not show Officer P his hands so he stunned him in the back. After a five second tase, the defendant still would not comply. Officer P tased him again. At this time, Sgt. B came running down the hill to back him up. Officer P told the defendant again “show me your hands” and he would not. Officer P tasked the defendant several times before he finally showed Officer P his left hand. The defendant would not remove his right hand from underneath him. Sgt. B then secured both of the defendant’s hands and Officer P placed the restraints on them.

As Officer P rolled the defendant over onto his side, he observed a clear plastic sandwich bag, filled with a white powdery substance fall out of his boxer shorts on to the ground. Officer P opened the clear plastic bag and inside was four individual bags containing a white powdery substance. Officer P field-tested the white powdery substance and it field tested positive for cocaine. Officer P placed the defendant under arrest. Fire and Rescue transported the defendant to the hospital for medical clearance. The passenger was released. The vehicle was towed. Officer P followed the ambulance to the hospital. Once the defendant was medically cleared, Officer P transported him to the jail and charged him accordingly.

White powdery substance field-tested positive for cocaine

Charges:

1. Trafficking Cocaine
2. Resisting Officer Without Violence
3. Following Too Closely
4. Seat-Belt (Driver)

Process: Mr. Foley prepared a Motion to Suppress in the case. The defendant failed to make payments. When Mr. Foley indicated his desire to withdraw for lack of payment and communication issues, the defendant threatened the life of Mr. Foley’s family and ultimately a Motion to Withdraw was granted.

*According to public records, the defendant is now serving a prison sentence.

Result: Motion to Withdraw granted