Criminal Defense Case Results

On July 8, 2022, our client was charged with Resisting with Violence, Depriving an Officer of Means of Communication, and Possession of Marijuana following a traffic stop in Pinellas County. Our client was facing mandatory prison time, which was the State’s only offer. When our client hired us in November 2022, the police department had still not turned over any body worn camera footage of the traffic stop. This footage was pivotal to our client’s defense that he was profiled, manhandled, and wrongfully arrested by police. Our office made multiple demands to the State Attorney’s office and the police department for the video. We also conducted depositions of several officers on scene, all of whom claimed their footage had mysteriously been deleted or misplaced. In response, our attorney filed several motions including a Motion to Suppress and Motion to Dismiss. Upon seeing what motions were filed, the Honorable Judge Andrews urged the State Attorney to critically review the issues in the case. The State Attorney then offered to potentially reduce our client’s charges to misdemeanors for time served. Our client trusted our expertise and advice and rejected the State’s proposal electing to proceed with a hearing on the motions. Prior to the motion hearings, the State announced a Nolle Prosse, which dismissed all charges against our client.

Our client was accused of having a controlled substance in his pocket and entering the jail with that pill. He initially was facing two separate felonies. Our client was adamant he was borrowing the shorts from a friend, and was unaware the pill was inside. We obtained a sworn affidavit from an independent witness who advised the shorts were lent to our client, and had a loose pill from prescription medication inside. This affidavit along with the prescription was provided to the State. The State filed a written No File on August 2, 2021, in 21-CF-XXXX06, thereby preventing our client from having to enter the criminal courts’ system at all.

On August 9, 2019, the State Attorney’s Office in Hernando County filed a “nolle prosequi” which dropped the charge of possession of cannabis – 20 grams or less. The nolle prosequi listed the reason as “case does not warrant prosecution.” By way of background, the client hired us after another attorney set the case for a plea deal involving adjudication of guilt, 12 months probation, a $500 fine plus court costs, 60 days in jail, and a mandatory driver’s license suspension. Part of the reason for the harsh plea deal was because the client had several prior marijuana convictions including a sentence of 364 days in jail for a felony charge of selling marijuana. After we took over the case, we canceled the plea and filed a motion to suppress based on a bad stop and illegal search. We also ordered the officer’s DAVID records to see if the inquiries matched the officer’s claims in the police report. We also scheduled a time to view and photograph the evidence in the evidence room in the jail. Shortly thereafter, the state attorney’s office filed the nolle prosequi which terminated the prosecution.

Drug Trafficking Charges with a 25 Year Min/Man Dismissed

Winning a contested motion to suppress hearing in which two detectives testified saved our client a 25 year minimum mandatory prison sentence in 2009-CF-011782 before Judge Denise A. Pomponio. After the hearing, the court dismissed all charges including a first-degree felony charge of DRUG TRAFFICKING and a felony charge of resisting a law enforcement officer with violence in Tampa, Florida.

Marijuana Charges Dropped in Tampa, FL

On January 4, 2018, in case number 17-CM-013XXX, pending before the Honorable Judge Miriam Valkenburg in Division A in Hillsborough County, the prosecution dropped charges of Possession of Cannabis less than 20 Grams and Possession of Drug Paraphernalia.

Felony Possession of THC Oil Charge No Filed in Pinellas County

July 10, 2018 – Our client held a valid medical marijuana card, and was arrested in Clearwater. He did not have his card on him, and the officer did not believe him despite him showing proof via his cell phone. Our firm wrote an extensive letter to the State Attorney’s Office providing proof of the medical card and case law showing why the State is obligated to No File the charges. The State no-filed 18-CF-006XXX on July 10, 2018, in front of Judge Andrews.

Felony Marijuana Charges No-Filed

August 28, 2018 – Our client was arrested for the following charges:

• possession of cannabis more than 20 grams, a third degree felony;
• possession of cannabis sativa resin, a third degree felony; and
• possession of drug paraphernalia, a first degree misdemeanor.

The case involved a problematic stop, detention and arrest by an officer with the Tampa Police Department. After the arrest, we immediately send a letter to the intake prosecutor at the State Attorney’s Office asking them not to file the case and explained the problems. Less than two weeks later, on August 28, 2018, the State Attorney’s Office filed a Notice of Case Status – Letter of Release that documented the case filing decision of “NO-FILED”. The notice stated: [a]fter completing our investigation, carefully reviewing the facts, and applying the applicable law the State Attorney’s Office has elected not to file criminal charges at this time.”

Our client was arrested for Felony Possession of Cannabis in 18-CF-013XXX. We presented mitigation to the State Attorney’s Office including a valid medical marijuana card. Based on the mitigation and problems with the way the search was conducted, the State Attorney’s Office filed a Letter of Release and declined to file any formal charges on December 4, 2018. Because no formal charges were filed, our client never had to step foot into a courtroom.

Our client was arrested for Felony Possession of Cannabis Sativa Resin in 18-CF-015XXX. We presented mitigation to the State Attorney’s Office and based on the mitigation, the State filed a Letter of Release and declined to file any charges on December 19, 2018.

Filing Motion to Suppress Drug Charges Results in Charges Being Dropped

On January 6, 2017, in case number 512016MM005XXXA000WS and 512016MM005XXXA000WS before the Honorable Judge Joseph Poblick in County Court at the New Port Richey Courthouse in Pasco County, the prosecutor dropped the charge of Possession of Marijuana Less than an Ounce and Possession of Drug Paraphernalia right before a hearing was scheduled on a motion to suppress evidence based on an illegal search. As a result, all charges against our client were dropped.

On January 9, 2017, in case number 16-CM0003XX, in Division B with the Honorable Judge Eric R. Myers in Tampa, we filed a Motion to Dismiss based on the undisputed facts in the case showing that the law enforcement officer attributed the possession of marijuana to someone else but still arrested our client under a constructive and joint theory of possession. Because the evidence in the case didn’t show that our client was in actual or constructive possession, the prosecutor for the State Attorney’s Office decided to stand silent on the motion. The court granted the motion dismissing the only criminal charge against our client.

Marijuana charges dropped in Tampa

On November 6, 2017, in case number 17-CM-012XXX, pending before the Honorable Judge Lawrence Lefler in Division D in Hillsborough County, the prosecution dropped charges of Possession of Cannabis less than 20 Grams and Possession of Drug Paraphernalia.

Marijuana Charges Dropped in Tampa Courthouse

On June 15, 2016, in case number 16-CM-00513, the state dropped all charges for Possession of Cannabis and Possession of Paraphernalia in a case pending before Judge Scott Farr, Hillsborough County, Tampa after we filed a Motion to Dismiss based on a lack of evidence to prove constructive possession.

Marijuana Charge Dropped Before Trial

On July 1, 2016, in case number 16-CM-005XXX, we filed a motion to dismissed a marijuana possession charge based on insufficient evidence of constructive possession. Before the hearing, the state decided to drop the charges instead of going forward on the motion pending before the Honorable Judge Margaret Taylor in Hillsborough County, Tampa, FL.

Sale of Marijuana More than 20 Grams within 1,000 Feet

Prosecutor with the State Attorney’s Office for Pasco County in the Sixth Judicial Circuit of Florida filed a “No Information” which dropped all charges against our client including sale of marijuana more than 20 grams within 1000 feet of a convenience store, and possession of marijuana more than 20 grams within 1000 feet of a convenience store. In order to assist the prosecutor in making a filing decision, we provided information showing that our client had been set up by a confidential informant who used questionable tactics to coerce our client into assisting him with delivering marijuana to an undercover police officer during a sting operation. We alleged that the confidential information coerced our clients into assisting him which resulted in both an entrapment and a necessity defense. The State Attorney’s Office filed a “No Information” which stated the prosecutor’s conclusion that “the facts and circumstances revealed do not warrant prosecution at this time.”

Motion to Suppress Hearing in a Marijuana Case

Winning a motion to suppress hearing in a possession of marijuana and drug paraphernalia case (originally arrested for felony cultivation of cannabis) resulted in dismissal of all charges before Judge John N. Conrad, in Tampa. In this case law enforcement officers in Hillsborough County, Florida, receive a tip about the cultivation of marijuana and went to the property without a warrant. We argued in the motion that the officers did not have free and voluntary consent to go onto our client’s property or into the house. We alleged that the officers used coercive and illegal tactics to gain “consent.”

Motions Filed in Marijuana Case

Filing a motion to suppress, motion to dismiss, and notice of expiration of speedy trial resulted in State dropping all charges on the day of jury selection for Possession of Marijuana (originally arrested for felony intent to sell) and Possession of Drug Paraphernalia in case 2009-MM-017082 before Judge Lawrence M. Lefler, Tampa.

Charges Dismissed in Cultivation of Marijuana Case

All charges were dismissed after we won a motion to suppress hearing before a Circuit Court Judge in Tampa, Hillsborough County, FL. Our client was formally charged with manufacture of cannabis, possession of cannabis (less than 20 grams), possession of a controlled substance (Soma), and possession of drug paraphernalia. The issue in the case was whether the marijuana task force violated our client’s rights during a “knock and talk” investigation at his home. The officer’s alleged that they had permission to enter the home, observed marijuana in plain view, and then conducted a search finding a grow house operation. We moved to suppress the 16 marijuana plants, Soma (a prescription medication and controlled substance), drug paraphernalia, light system, ballasts, and other marijuana hydroponic grow house equipment. After the court suppressed the evidence, the court then granted our motion to dismiss all charges.

Charges Dropped in Possession of Controlled Substance Case

All charges for felony possession of cocaine, possession of cannabis less than 20 grams, and possession of drug paraphernalia in case number 05-CF-023561 were dismissed by a Circuit Court Judge after the court granted our motion to suppress. The case involved law enforcement officers in Hillsborough County who entered our client’s home to execute an arrest warrant. Although the officers alleged that they had consent to enter, we were able to show problems with that testimony during depositions. We then filed a motion to suppress the evidence based on the unlawful entry. At the scheduled motion hearing the prosecutor stood silent and did not oppose the motion. Our client was able to walk out of the courtroom after all charges were dismissed.

Charges Dropped in Polk County Drug Case

In MM11-206BA, our client was charged with possession of marijuana and possession of drug paraphernalia after an arrest by Deputy Dina Rodriguez and Deputy Paul Wright in Polk County, FL. The officers alleged smelling marijuana during the traffic stop and used a canine (K9) drug dog to sniff for narcotics detection. Because of prior allegation of marijuana charges the offer was an adjudication (which comes with a two year driver’s license revocation and is considered a “drug conviction” with implications for Federal Financial Aid and public housing). Additionally, because the case was in Polk County the prosecutor wanted 90 days in jail for this first degree misdemeanor charge. We developed a defense centered around the fact that our client did not know that the drugs were in the vehicle and the alleged admissions were coerced. On the day of jury selection for the possession of marijuana case in front of Judge Barry Bennett in Polk County the prosecutor dropped all charges (terminated and dismissed) by announcing a “nolle prosse” in open court.

Motions Filed in Marijuana Case

In another case scheduled for a suppression hearing before the Honorable Eric R. Myers (11-CM-021538), our client was charged with possession of marijuana and drug paraphernalia. We filed a motion to suppress alleging that the stop was unlawful because our client’s tag was not obscured and no other legal basis existed for the stop. Instead of going forward with the hearing, the prosecutor with the State Attorney’s Office announced a “nol pross.”

Motions Filed in Drug Case

Our client was charged with possession of cannabis less than 20 grams under Florida Statute 893.13 (11-CM-019953). We filed a motion to suppress which alleged that the officer did not have an adequate basis to approached the parked vehicle and detain the occupants and conduct a search of the vehicle. On the day of the scheduled motion hearing before the Honorable Eric R. Myers, Court Court Judge in Hillsborough County, the State announced a “nol pross” instead of going forward with the suppression hearing.