Marijuana Crimes Case Results (Part 3)

Internal Reference #9010

Facts: While on routine patrol, officers observed the defendant doing graffiti on the wall of a restaurant property. Upon approaching the defendant, the officers saw a black shirt wrapped with a spray can of Rust Oleum(black paint) in his possession. While placing the defendant into custody, a strong odor of marijuana was emanating from the defendant. The defendant was asked if he had any narcotics on him and the defendant advised that he had marijuana in his car. The defendant pointed to a car and advised that It was inside the center console. The defendant opened the vehicle and removed two clear plastic bags containing 3 grams of marijuana from the center console.

The defendant was arrested and allowed to PTA.

Charges:

1. Criminal Mischief
2. Possession of marijuana

Result:

1. Criminal Mischief - Dismissed
2. Possession of marijuana – Dismissed

All Charges Dismissed

Internal Reference #10004

Facts: The defendant was placed in custody by Detective J in reference to a Burglary conveyance. Officer S conducted a pat down on the defendant, incident to arrest, the defendant kicked Officer S several times with his right leg/foot on Officer S’s lower legs. The defendant as placed in the cruiser to prevent any injuries and was provided several loud verbal commands to stop resisting and stop kicking Officer S. Officer S completed the search. Officer S located a clear plastic bag with a green substance in his right rear pant pocket. Officer S tested the substance at the police station. The substance Valtox positive for marijuana, and the approx. weight is 12.5 grams. The defendant was charged accordingly. It should be noted that the subject did kick/strike Officer S against any permission and will.

On 11/21 at approximately 12:20 AM the victim’s attention was drawn to his vehicle by his barking dog. The vehicle was parked unlocked in his front yard at a location. The victim observed an unknown white male inside his vehicle. The victim made contact with the suspect later identified as the defendant. The defendant advised the victim that he was only looking for money. The defendant and the victim had a short conversation, and when the victim went to call the police, the defendant fled on foot. The victim subsequently discovered that an MP3 player valued at $299.00, a cell phone valued at $245.00, and a leather case valued at $100.00 were missing.

On 12/25, the victim was walking his dog, observed the defendant and recognized him as the person who broke into his vehicle. The victim called the police and Officer D responded. Officer D checked the area finding the defendant and conducted a field interview. The field interview information was forwarded to Detective J. On 01/2 Detective J made contact with the victim and provided him a photo lineup that contained a photo of the defendant and five other persons. The victim immediately identified the defendant as the person who broke into his vehicle. The victim provided a taped statement advising that he was positive that the defendant was the person who committed the vehicle burglary. Additionally, the victim advised that he did not give the defendant permission to enter his vehicle or take his property. The victim confirmed that he did wish to prosecute and provide documentation that valued his loss at $644.00

Charges:

1. Burglary Conveyance
2. Resisting With Violence

Possession of Marijuana, under 20 grams

Process: The defendant scored 65.2 points under the Florida Sentencing Punishment Code. Placing him at a minimum prison sentence of 27.9 months. Based on his age and mental health issues. Mr. Foley filed a Motion for Downward Departure. The state attorney was requesting a felony conviction and the minimum 27.9 months Florida State Prison. After a 2 hour argument, Mr. Foley was able to convince the judge to depart from the guidelines and the defendant received two years of probation.

Result:

1. Burglary Conveyance – Adjudication Withheld, 2 years probation
2. Resisting With Violence – Adjudication Withheld, 2 years probation concurrent with count 1
3. Possession of Marijuana, under 20 grams – Adjudication Withheld, 1 year probation to run concurrent with counts 1 and 2.

Internal Reference #1021

Charges:

1. Possession of Cannabis
2. Violation of Probation

Result:

1. Possession of Cannabis – 12 months probation
2. Violation of Probation – Probation Reinstated

Internal Reference #20247

Facts: At approximately 1115 hours, the officer responded to a residence in reference to an audible alarm. Upon arrival, the officer saw a vehicle in the driveway. The officer walked around the side of the house to conduct a canvas search of the area. The officer walked on the east side of the residence and he noticed the rear gate open. The officer drew his pistol and walked into the back yard. Once in the back yard, the officer made contact with a black male. The black male identified himself as the resident (the defendant). The officer holstered his weapon and began speaking to the defendant. While speaking with the defendant, the officer noticed in plain view that he was cutting open a cigar. The officer noticed a green leafy substance in a clear plastic baggie. Due to the officer’s knowledge and experience, the officer determined that the defendant was getting ready to roll a Marijuana blunt. The suspect Marijuana was obtained and a field test was conducted. The suspect marijuana was field tested positive. The defendant informed the officer that he obtained the Marijuana from a friend of his that lives up north. He stated that he smokes Marijuana occasionally. The defendant was subsequently arrested for being in possession of Marijuana. A Notice To Appear was completed and the defendant was released on scene. The suspect Marijuana was placed into property/evidence for further resting by the sheriff’s office laboratory. Nothing further.

Charges: Possession of cannabis 20 grams or less (893.13(6)(b)) – Maximum Penalty: 1 year in jail

Process: Mr. Foley contacted the state and filed a motion to remove the capias. He reviewed the discovery on the case and negotiated with the state to have the case dismissed.

Results: Possession of cannabis 20 grams or less – Dismissed

No Jail, No Probation, Case Dismissed

Internal Reference #20268

Facts: While assisting the police department at a multi-agency D.U.I. checkpoint. A sergeant and an officer made contact with the listed vehicle being driven by the suspect, the codefendant, and occupied by suspect, the defendant, and other passengers “A” and “B.” The codefendant was requested to provide his driver’s license to which he advised he did not have one. A teletype check on the codefendant revealed no driver’s license or ID in the system.

The codefendant was issued two traffic citations as follows: Citation #1 no valid driver’s license, FSS 322.03(1). Citation #2 no proof of insurance, FSS 316.646 (1).

During an inventory of the vehicle incident to towing, the officer discovered a clear plastic baggie containing a green leafy substance that had an odor consistent with that of cannabis, under the passenger seat near the back seat. Upon confronting the occupants of the vehicle with the suspect cannabis, the defendant spontaneously uttered it was his.

The suspect cannabis was field tested with positive results. The cannabis had a weight of 13 grams (including the baggie) and had an estimated street value of $100.00.

The defendant was issued a notice to appear, charging him with possession of cannabis, under 20 grams, FSS 893.13(6)(b). Both the defendant and the codefendant were advised of their mandatory court date.

The vehicle was towed by superior towing at the request of the police department. The defendant, codefendant, “A,” and “B” all left the area without further incident. The suspect cannabis was placed into evidence at headquarters. No further.

Charges: Possession of cannabis under 20 grams (893.13(6)(b)) – Maximum Penalty: 1 year in jail

Process: Mr. Foley reviewed the facts of the case and filed a motion to have the case transferred to drug court. Once in drug court, Mr. Foley negotiated to have the case dismissed in exchange for the client’s successful completion of community service hours.

Results: Possession of cannabis under 20 grams – Dismissed

Community service hours

No Jail, No Probation, Case Dismissed