Pinellas County Narcotics Officers’ Tactics Called into Question

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how the Pinellas County Sheriff’s Narcotics Unit arrests could be called into question.

Issue:

Late in 2011 the Pinellas County Sheriff’s Office conducted a sting to apprehend alleged marijuana growers.  In this instance, the Pinellas County Sheriff’s Office Narcotics Unit utilized questionable tactics: secretly videotaping customers of a Largo based hydroponic gardening shop, illegally entering citizen’s property, and using questionable means to obtain search warrants.  Now Sheriff Bob Gualtieri has gone on record stating that his own officers’ tactics had an, “air of deceit,” that they used, “shortcuts,” and that the entire unit was “too loose.”



Why This Matters To You:

Sheriff Bob Gualtieri has publicly stated that the Narcotic Unit’s methods were questionable at best.  In fact, the Sheriff asked the State Attorney’s Office to drop the charges against the alleged marijuana growers that were targeted in the hydroponics store sting.  Further, certain officers may face criminal charges for their actions.

This issue highlights a potential far reaching consequence of the officers’ questionable behavior:  If an officer provides sworn testimony in a criminal drug case in Pinellas County and elements of that testimony are called into question, it could very well call into question all aspects of the officers’ statements and the case itself.

Additionally, this issue touches not only the marijuana growing cases, but any case touched by the Pinellas County Sheriff’s Narcotics Unit.  As Sheriff Gualtieri has stated the activities of his officers raise, “serious questions about their veracity across the board.”


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 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 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.

New Super Painkillers Could Lead to Increased Drug Charges and Penalties in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how new forms of prescription painkillers may lead to more severe criminal penalties.

Issue:

Four drug companies in the United States have recently created very powerful and addictive forms of the painkiller hydrocodone, and are making plans to put the substances on the market soon.  The so-called “super-painkillers” are causing individuals to fear the nation’s problem with prescription drug abuse will worsen if these substances are released.  The new painkillers contain pure hydrocodone, which is a main ingredient in many painkillers currently on the market, but none contain such a concentrated amount of hydrocodone.  Pharmaceutical companies are producing these new drugs because they believe the substances will generate large revenues.  Although these pharmaceutical companies have been in the process of developing the substances, and many are in the final testing stages, none have yet been approved for release by the Food and Drug Administration (FDA).



Why This Matters To You:

Unlawful possession of the new super-painkillers, if placed on the market, can potentially lead to criminal charges for possession of a painkiller, prescription pill possession, prescription drug trafficking, controlled substance possession, or drug possession with intent to sell throughout the Tampa Bay, Florida area.  Any of these offenses involving super-painkillers may result in more serious penalties and consequences than possession of the currently-used combination hydrocodone and acetaminophen or ibuprofen substances, such as Vicodin and Lortab.

Pure hydrocodone, which is the sole ingredient in the new super-painkillers, is classified as a Schedule II substance in the Florida Comprehensive Drug Abuse Prevention and Control Act.  Under Florida law, an individual convicted of possession of a controlled substance classified in Schedule II can receive a prison sentence up to 15 years and/or a fine up to $10,000.  Combination hydrocodone and acetaminophen or ibuprofen substances, such as Vicoprofen and Norco, are classified in Schedule III of the Florida Comprehensive Drug Abuse Prevention and Control Act.  A conviction for a Schedule III drug offense can result in a prison sentence up to five years and/or a fine up to $5,000.


What To Do Next:

If you have been charged with possession of prescription pills, controlled substance possession, drug possession with intent to sell or drug trafficking in Tampa, contact a Criminal Defense Lawyer in St. Petersburg 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 prescription pill offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Pinellas County Drug Courts Positive to Counties, Judicial System and Defendants

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses Tampa Bay area Drug Courts and their benefits.

Issue:

A recent article in the Tampa Bay Times reported drug courts in Florida have proven to be beneficial, even though many taxpayers often oppose the program.  As reported in the article, the drug court programs save the judicial system $2.21 for every dollar invested in the programs.  Additionally, for every individual who participates in the drug court program, the community gains an economic benefit of $3,000.  Further, individuals who participate in the program, stay clean, and are successful in the program can generally have their criminal charges dismissed, and many times their lives are saved from the negative impact of drug use.

Drug courts provide direct supervision of the offenders and are typically made up of professionals to help the drug offenders acquire treatment.  These professionals can include the judge, prosecutors, public defenders, probation officers and counselors.  These individuals track the offenders as they go through treatment and check on them monthly to make sure they are abiding by the rules of the drug court.  Anyone who violates the terms of the program, skips counseling, is charged with an additional criminal offense, or fails a drug test can be kicked out of the drug court program.


Why This Matters To You:

If you have been charged with a drug offense in St. Petersburg, you may be eligible for a Tampa Bay area drug court program.  The program is generally available to individuals who are non-violent substance abuse offenders that have committed certain misdemeanor or felony offenses.  The program is voluntary and typically requires participants to attend regular court appearances, seek treatment, and attend counseling.  They are also often given incentives, and sometimes, sanctions as a part of the program.

Offenses such as drug possession, prescription drug offenses and drug possession with intent to sell are usually punishable felonies or misdemeanors and can result in severe penalties, such as jail or prison sentences, a criminal record and fines.  However, the drug court program allows individuals charged with criminal offenses to purse alternative punishments to jail or prison time.  Drug courts also give these individuals a means to become productive members of society, improve their situation and their lives, and remain drug-free.  


What To Do Next:

If you have been charged with possession of a controlled substance, prescription pill offenses, or any other drug crime in Tampa, contact a Criminal Defense Attorney in St. Petersburg 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 offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Florida's Problem with Pain Pills - Who is the Real Criminal?

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how OxyContin and other pain pills have affected Florida and the Nation at large.

Issue:

Florida law enforcement is focused on prescription drug trafficking and pain clinics that illicitly prescribe pain pills.  Pain pills are classified as opioids which is a broad category of drugs delivered from natural or synthetic forms of opium or morphine.  The brand names of these drugs include: Percocet, Vicodin, Fentanyl, and the #1 drug in the class, OxyContin (popularly known as Oxy).

While alleged drug crime offenders are vilified and prosecuted in Florida by law enforcement, the truth and circumstances behind the headlines is more complex.  Just two decades ago this class of drugs was reserved for use by terminal cancer patients.  Why?  It was (and is) widely known that this class of pain pills has a chemical composition that resembles heroin and is nearly as addictive.  Doctors 20 years ago wouldn’t typically prescribe this type of pain pill to anyone but the most severe cancer patient.

So why is it that today pain pills are widely prescribed?  The drug companies began to successfully market this class of pain pills to physicians as safe and non-addictive - and the marketing worked.  In 2010, 254 million prescriptions for opioids were filled in the U.S., according to Wall Street analysts Cowen & Co.  That is enough pain killers prescribed to medicate every American adult around the clock for a month.

As an example, OxyContin won FDA approval in 1995, but faced doctors concerns about addicition.  With powerful marketing the makers of OxyContin pushed the drug’s use into everything from backaches to arthritis while claiming through promotional videos that addiction rates were, “less than 1%.”

Why This Matters To You:

Tampa Bay law enforcement paints a picture of alleged drug crime offenders and prescription drug traffickers as hardcore criminals.  In truth, most pain pill users take the drugs at first because their doctor prescribed the pills to them.  After taking the powerful drugs they find that after months or years of taking the drugs they can’t stop.

For example, doctors found that OxyContin lasted around 8 hours instead of 12, and that patients would crash and require more and higher doses.  Even patients who took moderate doses for backaches or arthritis could find themselves addicted.

It is interesting to note that the manufacturer of OxyContin plead guilty to a felony count of misbranding in 2007 and paid a $600 million fine.  Meanwhile, this same company makes over $3 billion in sales today from a mere $45 million before they started aggressively marketing the drug.

While Tampa Bay law enforcement continues to aggressively pursue pain pill users, there is hope for those who have fallen into the trap of pain pill use and addiction.  In various Tampa Bay Counties (including Pinellas, Hillsborough, Manatee, Sarasota, and Pasco), the criminal court system recognizes that in many cases drug crimes are the result of addiction where counseling and rehabilitation offer a better alternative than court imposed punishments.  Where appropriate, drug offenders in these Counties may be admitted to a Tampa Bay area Drug Court.  The Morris Law firm has extensive experience negotiating clients entry into the Drug Court system when appropriate.  This can potentially help alleged drug crime offenders avoid a trial and permanent criminal charges on their record.


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 / Prescription Drug Trafficking offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

New Pinellas County Florida Sheriff Cracking Down on Prescription Pill Problem

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses Pinellas County Sheriff Bob Gualtieri’s focus on prescription pills.

Issue:

Bob Gualtieri has replaced outgoing Sheriff Jim Coats as the Pinellas County Sheriff.  Just before being sworn into office on Wednesday November 9th, 2011, incoming Sheriff Gualtieri answered questions for local media and attendees at the ceremony.  Some of his comments highlighted his intent to focus on the prescription drug trafficking problem in the Tampa Bay area.




Why This Matters To You:

When asked what the biggest issue was facing the Pinellas County community, Sheriff Gualtieri responded that prescription pills are the No. 1 public safety issue.  The Sheriff’s focus on this subset of drug crimes will no doubt come with an increase in law enforcement arrests and special programs to go after alleged offenders.

In fact, Sheriff Gualtieri went on to comment that, “We have some things we’re working on, especially in the area of the prescription drugs epidemic.  I want to make sure we’re doing everything we can to reverse that trend.  It’s the No. 1 issue.  It permeates throughout our calls for service every day.  We’ve got to do something about it.”

With the Pinellas County Sheriff’s office focused on this issue and endorsing greater enforcement, there is the potential for overeager law enforcement officers to make bad arrests in an attempt to meet the office’s goals to address the issue.


What To Do Next:

If you have been arrested for a drug related crime contact a St. Petersburg Drug Crimes 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.  Criminal Defense Attorney Melinda Morris 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).

Of Interest: Tampa's MOSI Exhibit - Target America: Opening Eyes to the Damage Drugs Cause

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a new exhibit on loan from the Drug Enforcement Administration (DEA) Museum.

Issue:

In an effort to highlight the collateral damage drug crimes cause, the Drug Enforcement Administration (DEA) has loaned the Tampa Musuem of Science and Industry (MOSI) an exhibit called, “Target America: Opening Eyes to the Damage Drugs Cause.”  The exhibit is designed to illustrate the costs and consequences of drug crimes and related criminal activity.


Why This Matters To You:

The DEA picked Tampa, Florida as the longest standing host of the travelling exhibit for a reason - they consider Florida ground zero for the war on drugs.  The exhibit will remain at MOSI for one year.  In fact, part of the exhibit specifically highlights Florida’s connection with drug crimes including displays on: The Florida Gateway; Pill Mills and Grow Houses; Florida History Timeline and Faces & Places; Lost Potential and Getting Help; Under Surveillance; and Recognize Those Drugs.




Other displays at the exhibit include:

1. Debris Field
2. Cocaine Lab      
3. Heroin Lab
4. 9/11 Artifacts
5. Drug production
6. Drug Trafficking
7. Money Laundering
8. Methamphetamine Motel  
9. Costs to the Environment
10. Crack Den  
11. Costs to Children  
12. Lost Talent Memorial
13. Drugs: The Brain and the Body - Prescription Drugs
14. The Discovery Corner
15. Breaking the Cycle

What To Do Next:

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

Florida Drug Law Ruled Unconstitutional

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the Federal Judge’s ruling that has declared Florida’s drug law unconstitutional.

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.”

This change to the law made it possible for prosecutors to charge individuals with drug possession without having to prove that the person knew they were in possession of said drugs.  A good example of this is a person who is charged with drug possession after the police find drugs in the center console of their car during a traffic stop.  The individual may not have known that they were in possession of the drugs (especially if there were other individuals in the car), but until now prosecutors did not have to prove they had knowledge to charge them with the crime.

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.  Judge Scriven stated that the current amended law essentially criminalizes the unknowing possession of a controlled substance.


Why This Matters To You:

Judge Scriven’s ruling to strike down Florida’s drug law may have far reaching effects.

The current amended law unconstitutionally ignores the presumption of innocence and shifts the burden of proof to the defense.  With Judge Scriven’s ruling, prior criminal convictions for drug possession may be eligible for appeal.  Further, those facing current charges may now have additional defenses based on knowledge of possession that they did not previously have.

Finally, it can be expected that the Florida State Legislature will amend and/or fix the current drug statute which should properly shift the burden of proof back to the prosecution and bring Florida’s drug law into line with those of other states in the nation.


What To Do Next:

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