Pinellas Narcotics Detective Resigns

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent resignation of a Pinellas County Narcotics Detective based on evidence the Sheriff’s Office had against him.

Issue:

In late 2011 the Pinellas County Sheriff’s Office Narcotics Unit carried out a questionable sting operation on citizens that frequented a legal hydroponics gardening store in Largo.  Allegations of trespassing and lying to get judges to issue search warrants plagued the operation led by Pinellas Narcotics Detective Michael Sciarrino.  Sciarrino was set to be interviewed under oath at an administrative hearing, instead he abruptly quit.  It is speculated that Sciarrino did not want to answer questions under oath after he read thousands of pages of investigative reports compiled by the Sheriff’s Office Internal Investigation Department.




Why This Matters To You:

The continuing turmoil at the Pinellas County Sheriff’s Office places additional doubt on whether or not the group is properly following procedures in many areas.  These events also cast doubt that Sheriff’s Officers are operating in a fair and consistent manner to alleged offenders.  

Many arrests made by the Pinellas County Sheriff’s Office have already been thrown out, and as additional facts come to light more may follow.  Alleged criminal offenders that have been arrested by the Pinellas County Sheriff’s Office, especially by narcotics detectives, may have been arrested using questionable tactics that produced potentially inaccurate affidavits of arrest, which may be grounds for the dismissal of the criminal charges.

What To Do Next:

If you have been arrested by the Pinellas County Sheriff’s Office in the Tampa Bay area and feel that your charges may be questionable, contact the Morris Law Firm, a St. Petersburg based Criminal Defense Law Firm 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 (found on our main web site) to be contacted for a free initial consultation.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged felony offenders throughout the Tampa Bay Florida area including Pinellas and Hillsborough Counties.

Florida Governor Bans New Synthetic Drugs by Signing into Law House Bill 1175 on March 23, 2012

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how the Florida House Bill signed into law that governs synthetic drugs.

Issue:

Florida Governor Rick Scott signed into law House Bill 1175 on March 23, which modifies section 893.03(1)(c) of the Florida Statutes by expanding the list of banned hallucinogenic substances in Schedule I of the Florida Comprehensive Abuse Prevention and Control Act.

Specifically, HB 1175 added certain synthetic cannabinoids and synthetic stimulants to Schedule I, such as Methyltryptamine, Ethcathinone and Benzylpiperazine. The bill added 91 new synthetic substances to Schedule I.

So many new substances were included in the Florida Comprehensive Abuse Prevention and Control Act because the chemical compounds in these substances are easy to change, which can assist alleged drug-makers, users and sellers in avoiding criminal penalties. For example, a synthetic substance could be illegal under the Florida Comprehensive Abuse Prevention and Control Act, but a slightly different molecular makeup could be legal.



Why This Matters To You:

Since this bill was signed into law, an individual could be charged with a drug crime in St. Petersburg if they allegedly commit a criminal offense with any of the newly added synthetic substances, such as possession with intent to sell or drug possession.

Many of the synthetic substances now included in section 893.03(1)(c) of the Florida Statutes are also commonly known as synthetic marijuana, bath salts, K2, potpourri and incense.

An individual charged with a criminal offense involving any of the newly added substances can possibly face a conviction for a felony of the second degree, felony of the first degree or a misdemeanor of the first degree. For example, drug possession, drug manufacturing, drug delivery and possession with intent to sell substances in Schedule I are generally punishable as a felony of the third degree, which can result in a prison sentence up to five years and/or a fine up to $5,000.

However, HB 1175 reduced the penalties an individual can face if they are convicted of three grams or less of certain types of the newly added synthetic substances in a non-powdered form. An individual charged with possession of certain synthetic cannabinoids could be convicted of a misdemeanor of the first degree, instead of a felony of the third degree, which can result in jail sentence up to one year and/or a fine up to $1,000.


What To Do Next:

If you have been charged with a drug related offense throughout Tampa and the surrounding areas, contact a St. Petersburg Criminal Defense Lawyer 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. Attorney Melinda Morris has specific knowledge and experience in representing alleged drug and marijuana offenders throughout Pinellas County the entire Tampa Bay, FL area, including St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton.

Synthetic Herbal Substance Sales May Soon Be Targeted in the Tampa Area

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how synthetic marijuana (herbal incense) may be targeted as an illegal substance in the Tampa Bay Area.

Issue:

The Tampa City Council recently voted unanimously to investigate what options they may have to crack down on the currently legal sales of synthetic herbal substances sold in stores throughout the city.

The city council is targeting herbal substances that are presently available for legal purchase in many neighborhood stores and are marketed with cartoon characters and brightly colored packages.  The effects of the substances are often compared to the effects of marijuana.

The council members will hear from their attorneys what choices they have in regards to restricting the sale of the substances on March 1.



Why This Matters To You:

If the Tampa City Council is ultimately permitted to curb the sales of the synthetic marijuana substances, any purchase, possession or sale of these types of substances could result in criminal drug charges or marijuana charges in the Tampa Bay area of Florida.

For example, an individual who purchases the synthetic marijuana could be charged with drug possession, which can generally result in third degree felony charges in Florida, depending on which drug schedule the substance is classified.  However, if a store or merchant continues to sell the herbal substances, they can be charged with drug possession with intent to sell or distribute, which can be punishable as a felony of the second degree offense if the substance is categorized in Schedule I or Schedule II of Florida’s Drug Abuse Prevention and Control Act.


What To Do Next:

If you have been charged with possession of drugs or marijuana in Tampa, contact a Criminal Defense Lawyer in Tampa Bay to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss you 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. Attorney Melinda Morris has specific knowledge and experience in representing drug and marijuana offenses throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Questionable Tactics Used by Pinellas County Law Enforcement in Marijuana Sting Operation

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the Pinellas County Sheriff’s Office tactics used during a recent undercover marijuana sting.

Issue:

The Pinellas County Sheriff’s Office recently conducted a sting to apprehend alleged marijuana growers.  In this instance, the Pinellas County Sheriff’s Office utilized some questionable tactics - they secretly videotaped customers of a Largo based hydroponic gardening shop on Ulmerton Road.  When customers visited the shop they had no idea that the Sheriff’s Office was watching and recording their license plates via a hidden camera placed on a utility pole nearby the shop.

Using the license plate, detectives ascertained the driver’s home address from Department of Motor Vehicle records and then showed up at the customers’ homes questioning if they were growing marijuana.  If the alleged offenders were not completely cooperative, detectives got search warrants which in some cases were obtained by stating that the officers could smell marijuana from outside the home - more than 50 feet away.



Why This Matters To You:

This investigation and sting by the Pinellas County Sheriff’s Office shows that law enforcement can sometimes take an aggressive approach in apprehending alleged marijuana grow house operators and drug offenders.  While hydroponics are used in some cases to grow marijuana, the water-based gardening method is used for legitimate plant and food growing as well.  The goods for sale at this store are legal, and the business is operating within the law.  Many law abiding customers frequent the store to purchase products to organically grow food and to shop for natural pesticides.

It is worrisome that law enforcement is using surveillance tactics to target a legal place of business and customers who are abiding the law shopping at the store.  It would appear that law enforcement is tying together otherwise legal activity and interpreting it as evidence that a crime may be underway.  Hydroponic gardening is legal.  Shopping at Simply Hydroponics is legal.  


What To Do Next:

If you have been charged with possession of marijuana, operating a marijuana grow house, possession of drug paraphernalia, or any other marijuana offense in the Tampa Bay area, contact a St. Petersburg Marijuana Crime Lawyer to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss you 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.  Attorney Melinda Morris has specific knowledge and experience in defending marijuana offenses and representing juvenile offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

Florida State Appeals Court Rejects Ruling on Drug Law

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the 3rd District Court of Appeal ruling on Florida's Drug Laws.

Issue:

Florida’s Drug Abuse Prevention and Control law was amended in 2002 by State lawmakers to remove the requirement of “guilty knowledge” or in legal terms, “mens rea.”

U.S. District Judge Mark Scriven of Orlando issued a ruling on July 27, 2011 that said the State drug law as amended was unconstitutional as it violates due process because the burden of proof is removed from the prosecution.

On Wednesday, November 16, 2011 Miami-Dade’s 3rd District Court of Appeal rejected Judge Scriven’s ruling.

Why This Matters To You:

The decision by the 3rd District Court of Appeal reaffirms the constitutionality of Florida’s drug laws used by prosecutors and law enforcement officers.  The ruling upholds the current laws on the books that removes the burden of authorities to have to prove that the accused had “knowledge” of the illicit nature of the drugs, and/or having to prove that the person knew they were in possession of said drugs.

With Florida’s current Drug Law upheld it is more important than ever to seek legal counsel if you have been charged with drug possession including Possession of Marijuana, Possession of Cocaine, or any other drug charge.


What To Do Next:

If you have been arrested for a drug related crime contact a St. Petersburg Drug Charges Lawyer 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 Charges offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Marijuana Bracelets a New Fad Among Tampa Bay Area Juveniles

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a new fashion trend in bracelets designed to allow covert marijuana smoking.

Issue:

Students in and around the Tampa Bay area have begun to wear bracelets that are designed to smoke hookah, but many law enforcement officials believe the bracelets may be used to smoke marijuana (also known as weed, pot or chronic) or hide other drugs or controlled substances, such as cocaine, crack, meth or heroin.

The bracelets appear to be a fashion accessory and are often made out of a macramé type weave with beads or metal details.  However, once the bracelets are taken apart, one end has a bowl with a filter.  A plastic tube is woven into the bracelet and is capped off by a bead at the end of the bracelet.  When the bead is unscrewed, the bracelet can be used as a pipe .



Why This Matters To You:

Many school officials are concerned the bracelets are drug paraphernalia used to possess marijuana and other illegal drugs, and are making efforts to have the bracelets banned, in addition to seeking criminal penalties for anyone who distributes or wears the bracelets.

This means high school and middle school students in the Tampa Bay area may wrongfully be accused of juvenile drug possession and other juvenile offenses if they wear these bracelets as a form of fashion, even if they did not use the bracelet to hide or smoke marijuana or drugs, or have any intent for the bracelet to be used for drug or marijuana purposes.

Additionally, retailers and merchants who sell the bracelets throughout the Tampa Bay area can also potentially be accused of marijuana and drug offenses, such as possessing drug paraphernalia with the intent to distribute, or manufacturing drug paraphernalia.


What To Do Next:

If you have been charged with possession of marijuana, possession of drug paraphernalia, or any other marijuana offense in the Tampa Bay area, contact a St. Petersburg Marijuana Crime Lawyer to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss you 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.  Attorney Melinda Morris has specific knowledge and experience in defending marijuana offenses and representing juvenile offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).