Federal sentencing statutes allow the courts to impose increased penalties for each subsequent conviction for a serious drug offense. It may not always be clear what constitutes a serious drug crime, however. In a recent Florida opinion issued in a drug offense case, the court discussed what constitutes a serious…
Articles Posted in Drug Crimes
Florida Court Explains Grounds for Altering Convictions
It is axiomatic that under state and federal law, a person cannot be charged with or convicted for the same crime more than once, as doing so would violate their protections against double jeopardy. Merely because a person is convicted of violating a specific statute more than once does not…
Florida Court Examines Sentence Reductions Under the First Step Act
For decades, certain people convicted of certain drug offenses were unjustly punished more harshly than those found guilty of similar crimes. In an effort to rectify such inequities, the United States government enacted the First Step Act, which among other things, reduces the sentencing disparity between similar drug crimes. The…
Florida Court Explains Predicate Offenses for Career Offender Status
Under federal sentencing guidelines, the courts have the authority to impose increased penalties on people deemed career offenders. Only certain offenses qualify for the purposes of determining whether a person is a career offender, though. In a recent drug trafficking case arising in a Florida district court, the court clarified…
Florida Court Discusses Admissibility of Other Crime Evidence
Generally, the Government cannot introduce evidence that a person previously was convicted of a crime prove a person’s character to demonstrate that they acted in accordance with that character on a specific occasion. In other words, proof a person committed a crime on a prior occasion cannot be used to…
Florida Court Discusses Sentence Reductions Under the First Step Act
In recognition of the fact that certain sentencing guidelines resulted in disparate sentences for similar crimes, the United States legislature passed a set of laws that rendered people convicted of drug crimes involving crack cocaine eligible for reduced sentences. As discussed in a recent Florida ruling, though, mere eligibility is…
Florida Court Explains Evidence Needed to Justify a Firearm Enhancement
While owning a gun, in and of itself, is not a crime for most people, when a person found guilty of committing a drug offense, has a gun, it can result in increased penalties. In other words, a sentencing court may impose a firearm enhancement in some instances. Recently, a…
Drug Charges in Florida: What is Constructive Possession?
Florida has some of the toughest drug laws in the entire country. If you are arrested for drug possession in our state, you could be looking at serious criminal penalties—potentially including a lengthy prison sentence. Did you know that you can be charged with and convicted of drug possession even…
Florida Appellate Court Upholds Order Granting a New Trial
In Florida criminal cases that are tried in front of a jury, the jury is responsible for assessing the evidence presented and issuing a verdict based on its assessment. The jury’s verdict will generally not be disturbed unless it is clearly against the weight of the evidence. If a court…
Federal Court Explains Constructive Amendment of an Indictment in Florida Drug Crime Case
The Fifth Amendment of the Constitution provides that a defendant can only be convicted of the crimes charged in the indictment. In some cases, the court will allow a conviction despite the fact that the evidence produced is insufficient to prove the specific crime listed in the indictment. A conviction…