Florida Man Charged with Drug Trafficking Guilty Until Proven Innocent

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent case of Central Florida businessman wrongly convicted for Drug Trafficking.

Issue:

In 2001, Central Florida businessman Antonino Lyons was convicted of Drug Trafficking, carjacking, and distributing counterfeit clothing and was subsequently sentenced to three years behind bars.

An investigation uncovered misconduct by the prosecutor in the case, and a rare determination of innocence was made by a federal judge from the Middle District of Florida in an 18-page ruling.

Why This Matters To You:

If you have been charged with a crime, especially a serious felony such as Drug Trafficking, it is imperative that you retain experienced, aggressive legal counsel.

In this case it was uncovered that prosecutors based their case on 31 witnesses, all of whom were felons in prison.  It was further reveled in the investigation that the prosecutors encouraged the witnesses to lie under oath, and offered reduced sentences for agreeing to testify against Lyons.  While the “witnesses” stated that Lyons had sold them more than $6 million in cocaine, there was amazingly no hard evidence such as confiscated drugs or recorded conversations to indicate a crime.

A criminal defense attorney should be adept at uncovering inadequacies in the prosecution’s case and identifying and capitalizing on evidence (or in this case lack of evidence) that will produce the best possible outcome for their client.  A criminal defense attorney that has a background as a former State Attorney can aggressively provide a defense with the knowledge and experience that comes from having prosecuted criminal cases.

What To Do Next:

If you have been arrested for Drug Trafficking or Prescription Drug Trafficking, contact a St. Petersburg Drug Trafficking Attorney to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in defending Drug Trafficking or Prescription Drug Trafficking offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Operation Pill Popper II Cracks Down On Prescription Drug Trafficking in the Tampa Bay Florida Area

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent multiagency operation to crack down on Prescription Drug Trafficking in the Tampa Bay area.

Issue:

Across the Tampa Bay area law enforcement agencies (Pinellas County Sheriff’s Office, St. Petersburg Police, Clearwater Police, Largo Police, and the Tampa office of the U.S. Drug Enforcement Agency) recently rounded up 38 people charged with illegally obtaining or selling oxycodone.  Operation Pill Popper II is a continuation of Operation Pill Popper that started in February of this year and was targeting 175 individuals on 375 separate charges.

Tampa Bay Florida holds the unfortunate title as one of the top metro areas for Prescription Drug & Pill Trafficking.  In fact, the U.S. Drug Enforcement Agency (DEA) refers to Tampa as “ground zero” for internet diversion (illegal buying and selling, trafficking, and doctor shopping) of pharmaceuticals (prescription drugs, pills).  The DEA is focused on investigations of diversion of hydrocodone (e.g. Vicodin®) and oxycodone (e.g. OxyContin®) as well as Benzodiapezines (such as Xanax® and its generic alprazolam), and methadone.

Why This Matters To You:

Many people are ensnarled in the web of Prescription Drug Trafficking unwittingly.  In some cases professionals in doctors’ offices including Nurses and Office Managers, or other Health Care Professionals are targeted because law enforcement usually cannot target the physician as doctors in the State of Florida are legally allowed to prescribe controlled substances.  Those with serious drug addictions are often found with amounts of controlled substances that qualify under Florida law as Prescription Drug Trafficking.  Most often the quantities are simply enough to support their addiction and should more appropriately be charged as possession.  Further, patients who visit Pain Clinics may be unknowingly involved in what law enforcement determines is Drug Trafficking.

If you are a Tampa Bay health care professional, doctor’s office staff, nurse, or medical doctor, Operation Pill Popper is significant in that it opens the possibility that you may be targeted and prosecuted for your involvement in providing prescription drugs.  Those receiving prescription drugs are also targets of Operation Pill Popper including individuals afflicted with prescription drug addiction and attendees to local area Pain Clinics.

Operation Pill Popper is an ongoing investigation as law enforcement believes that they have just scratched the surface of the problem.

What To Do Next:

If you have been arrested for Drug Trafficking or Prescription Drug Trafficking, contact a St. Petersburg Prescription Drug Trafficking Attorney to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in defending Drug Trafficking or Prescription Drug Trafficking offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Tampa Florida Doctor Charged With Drug Trafficking ??!!

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent case of a Tampa doctor accused of Prescription Drug Trafficking and how this case could open the door to other physicians being prosecuted.

Issue:

A Tampa doctor was recently charged with Drug Trafficking after an undercover investigation by the Hillsborough County Sheriff’s Office where detectives were prescribed enough prescription drugs to be considered Trafficking.

At the heart of this case, the first of its kind in Hillsborough County, is the question of whether or not Dr. John Mubang acted in “bad faith” –or in other words, did not give the proper level of medical care to ensure that the patients truly needed the drugs before prescribing them.  In Florida, medical doctors are legally allowed to prescribe controlled substances, thus the prosecution must prove “bad faith” to convict the doctor of Drug Trafficking.

Why This Matters To You:

Medical doctors are not frequently charged with Drug Trafficking or Prescription Drug Trafficking as they are legally allowed to prescribe controlled substances.  This case opens up the possibility that law enforcement may prosecute Florida physicians based on the subjective criteria of acting in “bad faith.”

If you are a Tampa Bay medical doctor, this case is significant in that it opens the possibility that you may be prosecuted for prescribing prescription drugs as a physician.  The prosecution in this instance hung their case loosely on the concept of the physician acting in bad faith, highly subjective opinions on the level of care provided, and most troubling, facts that only the doctor himself could know – his firsthand observations of the patients, his interpretations of their symptoms and examinations, and his medical opinion of how to best treat them.

The case against Dr. Mubang was declared a mistrial as the result of a hung jury that was significantly in favor of the defendant.  The prosecution will now have to decide whether or not to further pursue the case.

What To Do Next:

If you have been arrested for Drug Trafficking or Prescription Drug Trafficking, contact a St. Petersburg Prescription Drug Trafficking Attorney to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in defending Drug Trafficking or Prescription Drug Trafficking offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

WFLA Channel 8 and TBO.com Seek Legal Advice on Stalking / Cyberstalking from St. Petersburg Morris Law Firm

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent WFLA Channel 8 News and TBO.com piece on the University of Florida Gators' Chris Rainey being charged with sending a threatening text and the potential legal ramifications of Stalking / Cyberstalking.

Issue:

WFLA Channel 8 News and TBO.com recently interviewed the Morris Law Firm for our legal opinion on the University of Florida Gators' Chris Rainey being charged with sending a threatening text and the potential legal ramifications of Stalking using electronic communications or Cyberstalking.

Rainey was accused of sending a threatening text message that read, “Time to Die,” to his girlfriend Kelley Anderson.  The text message was apparently sent after Rainey visited Anderson’s apartment during an argument and she asked him to leave.  Rainey was subsequently arrested for aggravated stalking, a third degree felony punishable by up to 5 years in prison, and taken to Alachua County jail.  He was later released on his own recognizance after his accuser asked that the charges be dropped.

Why This Matters To You:

Previous to methods of electronic communication being widely available, stalking required significant preparation and effort.  Examples include a stalker following their victim to work, place of business, or school; or a perpetrator talking the time to construct a letter with threatening dialogue and send it to the victim.

Today, electronic communication mechanisms are far more prevalent and easy to access including cell phone Text Messages, Facebook, Twitter, and email with which someone can send a message within seconds without the ability to recall or retract the communication.  Now someone in a heightened state of emotions may send a simple, albeit imprudent text message that can be interpreted by the law as Stalking or worse Aggravated Stalking as it was in this case.

With the inability to read facial cues, tone of voice, and intent associated with electronic communications it is often difficult to properly gauge the credibility of the threat.  Potential victims of Stalking / Cyberstalking should carefully consider if the threat is real and credible as the accusation of Stalking carries with it significant legal and social repercussions for the accused.  The law should never be used as a referee or for revenge.  In this case, Anderson actually appeared at Rainey’s court appearance and stated, “I don't fear for my safety. I think he should be released on his own recognizance."

For the accused, there are significant legal and social consequences.  Rainey will have an arrest record for a third degree felony even though the charges may ultimately be dropped.  In this case, while the State Attorney is taking no immediate action, there still exists the possibility that Rainey will face criminal charges.  Additionally, the University of Florida Gators’ offensive coordinator Steve Addazio stated that Rainey is not currently part of the team, and his long term athletic career beyond college may be affected.  Rainey is also currently subject to a curfew.

The lesson in this case is that what may start as an ill advised text message could lead to serious legal ramifications:

As stated in Florida State Statue 748.08, “Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.”  Cyberstalking is a first degree misdemeanor punishable by up to 12 months in jail and a $1000 fine.  Aggravated Cyberstalking carries even harsher penalties as it is a third degree felony punishable by up to 5 years in prison.

In many Stalking / Cyberstalking cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Victim Recantation

·         Lack of Intent

·         Alibi

·         Mistaken Identity

·         Failure to Read Miranda Warnings

What To Do Next:

If you have been arrested for Stalking or Cyberstalking (or Domestic Violence), contact a St. Petersburg Cyberstalking Attorney to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.  The Morris Law Firm can help and has specific knowledge and experience in defending Stalking or Cyberstalking offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

A New Option to Get Out Of Jail in Pinellas County Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a New Option in Pinellas County to Get Out of Jail.

Issue:

Until now, to get out of jail in Pinellas County you needed cash, a money order, or a bail bond.  As many detainees do not have funds on hand when arrested, it meant they had to call a relative or friend to be bailed out of jail.  Now, detainees in Pinellas County Jail can bail themselves out using a credit card.

Why This Matters To You:

Without a way to bail out of jail, many detainees were forced to wait in jail until their first advisory hearing or beyond.  Now in Pinellas County, you can use an approved credit card (Visa, MasterCard, American Express, and Discover are currently accepted) to bail yourself out of jail.

There is currently a bail limit of $750 when using a credit card.  At this level of bail, the crimes covered are typically non-violent misdemeanors and traffic violations.  As an example, the typical bail for a no valid driver’s license offense would be $250, whereas more serious crimes would carry a bail far higher than the $750 limit.  The Pinellas County Sheriff’s Office says the intent is to reduce the number of non-violent and first-time offenders awaiting trial in jail.  The Morris Law Firm, St. Petersburg First Time Offender Attorney, has experience in representing the type of clients that the new credit card option seeks to assist.

What To Do Next:

If You Have Been Arrested for a Criminal Offense:

·         Do not speak to the police - ask to have an attorney present.

·         Do not give a written statement – again, ask to have an attorney present.

·         Contact an attorney immediately.

·         Have your credit card on hand to bail yourself out of jail.

You have a very narrow window of time between when you are arrested and when the State Attorney's office makes a decision to file a criminal charge against you.  Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.

If you have been arrested for a criminal offense in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, or Bradenton, Manatee, Polk, Pasco, or Sarasota Counties, FL contact a St. Petersburg Criminal Defense Attorney to discuss possible defenses that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.

Labor Day DUI Crackdown Could Cause Bad Arrests in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the U.S. Department of Transportation’s DUI Crackdown and how it could cause bad arrests.

Issue:

The U.S. DOT’s nationwide Labor Day Crackdown on DUI, “Drunk Driving. Over the Limit. Under Arrest.” is certain to affect local law enforcement’s activities.  Oftentimes, when spurred by government programs, this year in particular costing $13M, and department quotas (which law enforcement will always deny), there can potentially be bad and defensible DUI arrests.

Why This Matters To You:

Nationwide crackdowns can influence the behavior of local law enforcement.  Oftentimes, though they may deny it, local police departments and the Florida Highway Patrol (FHP) will coordinate their efforts around a campaign like the U.S. DOT’s Labor Day DUI Crackdown.

In many cases, quotas may be assigned, and although they are unwritten, or disguised as “suggestions” or “guidelines” – the meaning is clear to the officer.  The effects of such quotas, especially when under the larger umbrella of a nationwide crackdown, can be significant and lead officers to make DUI arrests where under other circumstances there may have been insufficient evidence to do so.

Take for example an Inside Edition investigation that focused on the Lakeland Police Department.  The same police officer pulled over and arrested two separate individuals within months of each other – both of whom informed the officer that they had nothing to drink – and both were arrested and taken to jail for DUI.  After blood and breath alcohol tests in both cases that were negative, charges were ultimately dropped.  This same police department was found to have a “performance standard” that required officers to make 10 DUI arrests per month.  Imagine what that “performance standard” (or quota) is during a “Nationwide DUI Crackdown” supported by the government - and are all of those DUI arrests justified?

Clearly there could be cases during the Labor Day DUI Crackdown where bad DUI arrests could be made given the pressure of the nationwide campaign, local law enforcement quotas, and federal funding provided to law enforcement agencies who participate.  Retaining a criminal defense attorney is important if you believe you have been arrested on bad DUI charges.

In many DUI cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Lack of Evidence

·         Procedural Issues

·         Failure to Read Miranda Warnings

What To Do Next:

If You Have Been Arrested for DUI:

·         Do not speak to the police - ask to have an attorney present.

·         Do not give a written statement – again, ask to have an attorney present.

·         Contact an attorney immediately.

You only have TEN (10) DAYS after your arrest to file a motion to challenge the administrative suspension of your license.  You must act within ten (10) days of your arrest to challenge this administrative suspension.  Hiring an attorney immediately to challenge the suspension and to negotiate on your behalf with the State Attorney’s Office gives you the best chance of avoiding criminal charges.

If you have been arrested for DUI in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, or Bradenton, Manatee, Polk, Pasco, or Sarasota Counties, FL contact a St. Petersburg DUI Attorney to discuss possible defenses that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.