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, 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.

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.

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 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.