Plea agreements can be useful tools for anyone facing criminal charges in Florida. These deals allow you to resolve criminal charges without at least some of the time, expense, and stress that come with a full-blown trial. They may also give a criminal defendant the leverage to reduce the punishment that comes with a conviction. It is important to remember, however, that these deals are binding legal agreements that you probably can’t go back and change later down the road. A recent case out of the U.S. District Court for the Middle District of Florida is a good example of that point.
Defendant was charged with introduction into interstate commerce of misbranded drugs, a federal crime, stemming from his alleged involvement in a synthetic marijuana business. According to prosecutors, the products “were manufactured by applying chemicals (synthetic cannabinoids) to plant material to create a product which users would smoke for a ‘high.’” The products were intended to be smoked, the prosecutors said, but they were not properly labeled. The prosecutors said the packaging indicated that the products were “not for human consumption” and that they included potpourri and incense. The packaging didn’t correctly identify the synthetic marijuana and didn’t include adequate directions for using the drug, according to prosecutors.
Defendant eventually entered into a plea agreement. As part of the deal, he agreed to waive his right to appeal the sentence eventually handed down by a judge. He nevertheless filed a motion to vacate the sentence after it was handed down. Defendant argued that the trial judge wrongly concluded that the fraud involved $1.9 million in business from the synthetic drugs. He said the amount was actually less than that because he was involved in the business for 10 months rather than 17 months.