Articles Posted in Drug Crimes in Jacksonville

The Florida Supreme Court has thrown out a drug trafficking charge against a Jacksonville man, saying the way the Jacksonville Sheriff’s Office tested the drugs was insufficient to prove he had as much cocaine as the state alleged. Instead of the 15-year sentence that was imposed after trial, Baron Greenwade is now looking at a maximum of five years in prison on a cocaine possession charge, according to a report in the Florida Times-Union. When Greenwade was arrested in 2009, police found a bag inside his garage with nine individual plastic bags inside, the newspaper reported. Police then dumped all nine into one bag before sending the drugs off to be tested by a forensic chemist, the newspaper reported. Because the combined amount was more than 200 grams, Greenwade could then be charged with trafficking in this Jacksonville Drug Crimes Case, which opened him up to a minimum mandatory sentence of seven years in prison.

Greenwade’s Jacksonville Criminal Defense Attorneys argued that the state should have sent each individual bag of cocaine to the chemist to be tested – a practice that is followed in other major Florida cities, including Miami and Tampa, the newspaper reported. The Supreme Court agreed. One main reason is that drug dealers sometimes put fake cocaine in a baggie, if they think they can get away with it, so it is possible there was less than 200 grams or actual cocaine in the larger bag police found. This Jacksonville Drug Crimes Case decision by the Supreme Court will now force Jacksonville police to individually test each baggie or container they find.

Drug charges and sentences are based on the type of drug and the amount the person is accused of having. As was proven in this Jacksonville Drug Crimes Case, a few grams either way can make an enormous difference in the amount of time a person receives. Greenwade was initially charged with a first-degree felony and is now guilty of just a third-degree felony, which has a maximum sentence of five years in prison. His maximum sentence is more than the minimum seven years he was required to serve on the trafficking charge. While Jacksonville Drug Crimes laws seem like they’d be pretty straightforward, cases like this are always changing the landscape of Jacksonville Criminal Defense Cases. Our Jacksonville Criminal Defense Attorney stays on top of all of the latest rulings and has the latest information at her fingertips to advise you or your loved one.

Heavy rains not only flooded local streets, but they also washed more than a dozen bricks of cocaine from the Atlantic Ocean onto beaches in St. Johns County. A man found two individually wrapped packages about 30 feet from one another near a St. Augustine boat ramp and called police, according to a report in the Florida Times-Union. Police fanned out and conducted their own search, finding a total of 16 packages between St. Augustine Beach and Crescent Beach – each weighing about two pounds, the newspaper reported. The drugs have a street value of about $500,000, the newspaper reported.

Similar bricks of cocaine washed to shore in St. Johns County earlier this year and police haven’t said if they are related, the newspaper reported. In that St. Johns County Drug Crimes Case, $7.5 million in cocaine was found. Proving the source of the drugs in this case to the point of actually being able to make arrests and bring St. Johns County Drug Crimes charges could be difficult, but it’s the next step in the case. St. Johns County Drug Crimes Case can be very serious and, as in all drug cases, the charges and penalties are based on two main factors: the type of drug and how much of it the suspect is accused of having. A person can be charged with drug trafficking even if there is no evidence of the suspect selling the drug or arranging to have it sold. In this St. Johns County Drug Crimes Case, even one of the bricks would be enough to face a trafficking charge, which is a first-degree felony punishable by up to life in prison. Because the amount falls between 400 grams and 150 kilograms (about 330 pounds), there is a 15-year minimum mandatory prison sentence that would apply. Again, that penalty is for just one of the bricks in this St. Johns County Drug Crimes Case, not all 16 of them.

Trafficking amounts vary based on the type of drug and, with cocaine, start at 28 grams. Compare that with marijuana, which is a misdemeanor possession up until 28 grams, when possession becomes a felony. Trafficking penalties start at 25 pounds – more than 400 times the amount where trafficking begins in St. Johns County Drug Crimes Cases involving cocaine. Cocaine charges are very serious and often trigger minimum mandatory sentences – even with what may seem to be a minimal amount of the drug.

Clay County police are investigating to determine if more people have been using a stolen prescription pad to try to receive narcotic pain medication. Kristina Mosley was arrested last week and police say more charges could be on the way soon, according to a report from Action News Jacksonville. Mosley was charged with making an altered or forged prescription, which is charged in this Clay County Drug Crimes case as a misdemeanor. There’s also a felony charge of obtaining a prescription by fraud that, as a third-degree felony, is punishable by up to five years in prison. In this Clay County Drug Crimes case, it appears that the fraudulent prescription was caught before Mosley allegedly received the narcotic, or she would have likely been charged with the felony. Mosley has other serious criminal problems as well, namely, a charged of trafficking in prescriptions drugs. The crime is a first-degree felony punishable by up to 30 years in prison.

This Clay County Drug Crimes Case could be seen as the latest step in the county’s continued push to fight the sale and abuse of prescription pain medication, the television station reported. But from the perspective of a Clay County Drug Crimes Attorney, it is also based on a significant opportunity for police to implicate more people in the crime. The pad was stolen from a hospital and if the police now have access to the person who would know how the pad was obtained and who had control of its distribution. Mosley. And now she is looking at up to 30 years in state prison – and a potential minimum mandatory sentence of 15 years. Police are likely banking on her opening up to try to reduce her own sentence and it may work in the state’s favor. The news of the stolen prescription pad has pharmacists – at the urging of police – calling doctors to verify prescriptions, just to be sure they are authorized, the television station reported. It would not be surprising if police were working with some of the local pharmacies to allow the customer to purchase the narcotics and then have police waiting outside the door to make the arrest. That way, the felony charge would apply and the person would be facing five years in state prison. As with negotiations of any kind, negotiations in Clay County Drug Crimes Cases are all about leverage. A person looking at prison time is often more likely to work with police than someone facing a misdemeanor and a little time in the county jail. That’s magnified when it comes to someone like Mosley looking at 30 years in this Clay County Drug Crimes Case.

Our Clay County Drug Crimes Attorney has represented clients charged in all facets of drug cases. From possession, to those accused of selling small amounts, to those alleged to be the mastermind of the enterprise. Our Clay County Criminal Defense Attorney understands how prosecutors work to secure evidence and testimony in these Clay County Drug Crimes cases, and can advise you on your options and how the case could play out.

Two St. Johns County residents were arrested last week after police raided a home thought be a methamphetamine lab. Both were charged with manufacturing methamphetamine, possession of methamphetamine and maintaining a drug dwelling, according to a report in the Florida Times-Union. Police had been tipped that there was a meth lab inside, and had been called to the same house before, the newspaper reported.

Manufacturing methamphetamine is a second-degree felony in Florida with a maximum penalty of 15 years in state prison, and is by far the most serious of the three charges. Possession of methamphetamine is a third-degree felony punishable by up to 5 years in prison and maintaining a drug dwelling is a misdemeanor. Because judges can chose to sentence people separately on each crime, both Alison Walsh and Robert Horsley Sr. are facing up to 20 years in prison on the two felonies and one year in county jail on the misdemeanor. Not all drugs are equal when it comes to St. Johns County Drug Crimes Cases, and methamphetamine crimes carry more severe penalties than other drugs. For example, possession of ANY amount of methamphetamine is an automatic felony. If someone is accused of possession of marijuana in a St. Johns County Drug Crimes Case, the charge is still a misdemeanor until the suspect has more than 28 grams. There is a huge difference between misdemeanors and felonies. For starters, misdemeanors are punishable only by time in the county jail – not in state prison. And it plays a huge difference for the person when he or she is trying to find a job as many companies and professions prohibit the hiring of convicted felons.

Arrests for manufacturing methamphetamines have been on the rise, and many of those arrests have come in St. John’s County. The production of methamphetamine releases toxic chemicals into the air, and many St. Johns County Drug Crimes cases with meth have come from hotels and apartment complexes. Because the fumes are toxic, the penalties increase when meth is being produced in the presence of children. What may seem like a minor amount of a drug can lead to serious consequences – depending on the drug. Our St. Johns County Drug Crimes Attorney has represented people accused of possessing all different types of drugs and knows the various penalties that you or your loved one could be facing.

A Jacksonville woman whose infant daughter died of a methadone overdose was sentenced last week to the maximum penalty of 15 years in prison. Jennifer Frazier pleaded guilty earlier this year to manslaughter by culpable negligence, according to a report in the Florida Times-Union. Frazier told police she used a container that had been used to mix methadone when she was giving ibuprofen and an antibiotic to her daughter, the newspaper reported. But prosecutors painted a much more sinister picture during the sentencing in this Jacksonville Manslaughter Case, which the judge obviously sided with. Manslaughter by culpable negligence is a second-degree felony with a maximum penalty of 15 years in prison and the judge gave her the longest sentence allowable under the law.

In this Jacksonville Manslaughter Case, Frazier chose not to go to trial and pleaded guilty to the judge. In many plea agreements, the prosecution and the defense have agreed on a sentence that is presented to the judge for final approval. That was not done in the Jacksonville Manslaughter Case as prosecutors asked for 15 years and the defense was requesting Frazier be sentenced to the time she has already served and probation. In many Jacksonville Manslaughter Cases where a person pleads guilty, the details that would have been used in a trial do not come out until the sentencing. Then, the sentencing phase essentially becomes a trial where the state and defense both lay out their cases for what they feel is an appropriate sentence. Both sides call witnesses, with the state usually bringing law enforcement officers to the stand and the defense calling family members and others who can speak to the defendant’s character.

In the sentencing for this Jacksonville Manslaughter case, a set of facts that had not previously been reported was brought out by the state. Prosecutors alleged Frazier intentionally drugged the baby to get the child to sleep and had done it before, the newspaper reported. Though Frazier denied that claim, the child’s father told Frazier in a police interview room that he told her not to use methadone with the child, but he wasn’t going to “rat her out.” The father later denied saying that, but the judge concluded there was no other way the baby would have had eight times the lethal dose of methadone in her system in this Jacksonville Manslaughter Case, the newspaper reported. Excluding the rare event that prosecutors drop a Jacksonville Manslaughter Case or any other case, the cases will resolve in one of three ways: a trial, a plea directly to a judge or a negotiated plea agreement between the state and the defense. Our Jacksonville Criminal Defense Attorney has defended thousands of clients over the years and can lay out all of you options to make the best decision going forward.

A Jacksonville mother pleaded guilty this month in connection with the death of her 6-month-old daughter, whom police say died of a lethal dose of methadone. Jennifer Frazier pleaded guilty to Duval County aggravated manslaughter of a child by way of culpable negligence, according to a report in the Florida Times-Union. The charge is a first-degree felony in Jacksonville punishable by up to 30 years in prison. Frazier is scheduled to be sentenced next month.

Frazier was taking methadone, a drug commonly given to help someone who is recovering from addiction from narcotics – in some cases streets drugs like cocaine or heroin, in other cases prescription painkillers. Somehow, Frazier said she was giving the child ibuprofen and antibiotics, but her daughter ended up with a lethal dose of methadone in her system, the newspaper reported. Frazier told police she gave the child ibuprofen and an antibiotic from a container she had previously mixed methadone in, the newspaper reported. But police said there was no ibuprofen in the child’s system and the bottles of methadone were found in a box used for the antibiotic, the newspaper reported. The facts of this Jacksonville Drug Crimes case could lead anywhere from Frazier mistakenly giving her daughter methadone instead of the antibiotic, to her intentionally giving the child methadone. Those facts would have obviously come out on a trial, but will now be coming out in the crucial sentencing next month. In some cases where there is not a trial, the sentencing phase ends up being a de facto trial. In this Jacksonville Drug Crimes case, Frazier’s Duval County criminal defense attorneys will need to lay out the circumstances of how this happened in an effort to push for a sentence for their client that they believe is fair.

Clearly, Frazier was negligent in some regard because the baby has a lethal dose of methadone in her system. There was very little argument in terms of a defense at trial. Any argument is more an explanation of why it happened, which is more suited for sentencing anyway. In many Duval County Drug Crimes cases, the state and the Jacksonville Criminal Defense Attorney have agreed upon a sentence or even a range to submit to the judge. It’s unclear whether that has been done in this case. There are two common types of guilty pleas in Jacksonville Drug Crimes cases. One is a negotiated plea, where the prosecutors and the defendant have agreed to a sentence. The second is referred to as a “straight up” plea, where the defendant simply pleads guilty to the judge without any indication of the length and severity of a possible sentence. Both types of pleas have their strategic benefit, depending on the facts and circumstances in the case. Our Jacksonville Drug Crimes Attorney has helped thousands of clients resolve their cases over the years and is experienced in working to get clients the best deal possible, if taking the case to trial is not the best option.

Two Jacksonville men were arrested last week after police allege they were manufacturing methamphetamine underneath the Main Street Bridge in downtown Jacksonville. Police found the men sitting on the ground with plastic bottles containing chemicals, other loose chemicals, pipes, syringes, scales and other drug paraphernalia, according to a report in the Florida Times-Union. Both men, James Jackson and Ernest Tutton face four felony charges and are being held in the Duval County jail. They are charged with:

– Manufacturing methamphetamine within 1,000 feet of a specified area, a first-degree felony punishable by up to 30 years in prison.

– Possession of methamphetamine with the intent to sell, manufacture or deliver within 1,000 feet of a specified area, also a first-degree felony punishable by up to 30 years in prison.

A Clay County mom who’s no stranger to drug trouble connected to her young son was arrested again last month, this time for charges related to cooking methamphetamine in her home. Rachel Stieringer was arrested on charges of conspiracy to manufacture methamphetamine, possession of a listed chemical used to manufacture meth and knowingly maintaining a dwelling for the manufacture of meth where a child resides, according to a report on News4Jax. Her troubles are far more serious this time around, as each of the three charges are felonies.

Maintaining a dwelling where a child resides to manufacture methamphetamine is a first-degree felony with a maximum penalty of 30 years in prison. It also has a five-year minimum mandatory sentence, should the state choose to pursue it. Possession of chemicals used to manufacture meth is a second-degree felony with a maximum sentence of 15 years in prison. Conspiracy to manufacture meth is a third-degree felony with a maximum sentence of five years in prison. Pictures of her son with his mouth on the top of a water bong commonly used to smoke marijuana made national news in 2011 and spread quickly on the internet. Detectives said the bong did not test positive for drugs, but Stieringer was charged with possession of drug paraphernalia, the television station reported. She completed a four-month pre-trial intervention program and the charges were dropped, according to the television station. Stieringer also maintained custody of her son.

Now, she finds herself in similar trouble with drugs around her child, but staring at a possible minimum mandatory sentence of five years in prison. She’s in jail while this Clay County Drugs Crimes Case resolves, being held on a $225,000 bond. If she were to be released before trial, she would need to post $22,500 – 10 percent of the total bond – for a bondsman to get her released. It’s very likely Stiernger showed a great deal of remorse following her arrest in 2011 – enough so that the state offered her a pretrial intervention program. And she successfully completed it to get the charge dropped. But she is likely to soon find out what often happens to people that don’t take advantage of a break given by a judge: they get hit twice as hard when they show up in court again.

A massive investigation into St. Johns County meth labs resulted in 32 arrests last week and police say dozens more could be charged in the criminal drug operation. Police dubbed their 18-month investigation “Operation Ancient Brewers” and last week picked up nearly three dozen people on charges of either conspiracy to manufacture methamphetamine or conspiracy to distribute methamphetamine. Police have St. Johns County warrants for 11 other people and said there could be as many as 200 people involved, according to a television report from News4Jax.

Conspiracy to manufacture meth in Florida is a third-degree felony punishable by up to five years in state prison, while charges related to selling meth can be first-degree felonies punishable by up to 30 years in prison. The police investigation in this St. Johns County Drug Crimes case uncovered three meth labs throughout the county. Police used the logs kept in local pharmacies to track people who have been purchasing medications with pseudoephedrine, an ingredient used to make meth, the television station reported. In 2006, as part of the Patriot Act, a federal law was enacted to require all pharmacies to move over-the-counter medication with pseudoephedrine behind the counter. The law also requires people to show identification and provide a signature when they are purchasing the medications, which are common cough, cold and allergy medications that do not require a prescription.

The logs can be a potential gold mine for police, and appeared to be one of the foundations of this St. Johns County Drug Crimes investigation. Police analyzed records and targeted people who appeared to be signing for large amounts of the medication. As with many St. Johns County Drug Crimes investigations, police are likely trying to identify and build a case against the people leading the operation. Many of the people arrested last week are likely to receive offers to negotiate and many could have charges reduced or adjudication withheld for cooperating with the investigation. In many St. Johns County Drug Crimes cases, charges can be used as a way to influence people to provide information about the drug ring. It’s also possible that some of the people arrested were buying the decongestants for completely legitimate purposes when they did not feel well. Defendants could then be in the position of having to prove their innocence, perhaps through doctor’s notes or employment records.

Thirty-one people were arrested last month on Nassau County drug charges after police specifically targeted illegal drugs in a series of undercover drug operations. Police dubbed the measure “Operation Clean Sweep” and arrested people on a total of 46 counts – 37 of which were felonies in Nassau County, according to a report in the Florida Times-Union. Police recovered a variety of illegal drugs – from marijuana and opiates to prescription narcotics and crack cocaine.

Charges and sentences vary greatly in Nassau County Drug Crime cases. There are two determining factors: the type of drug a person is alleged to have and the amount of the illegal drug the person is charged with possessing. There are three main types of charges in Jacksonville drug crime cases: possession, possession with intent to sell and trafficking. The amounts needed for each of these thresholds is based on the type of drug. Trafficking in Duval, Clay and Nassau Counties is by far the most serious and, in many cases, brings with it minimum mandatory sentences, should prosecutors choose to seek them. And not all drugs are created equal in the minds of the American legal system. If a person has 28 grams of cocaine, they can be charged with trafficking – a first degree felony punishable by up to 30 years in prison with a minimum mandatory sentence of three years. To reach the trafficking threshold for marijuana, a defendant would have to have at least 25 pounds of cannabis. That’s 11,325 grams, more than 400 times the amount of cocaine that qualifies as trafficking in Nassau County drug crime cases.

With the exception of marijuana and possession of drug paraphernalia, most drug charges are felonies immediately – starting with a single pill or a small amount of powder or crack cocaine. But the state also may offer some sort of pretrial diversion especially if it’s a person’s first offense. The negotiated punishment is called Pre-Trial Diversion, and if the defendant meets a series of conditions, including passing drug tests, attending classes and staying clear of any arrests, the Nassau County Drug Crimes charges are dropped. There is also a similar program that is connected to probation in Duval, Clay and Nassau Counties. In many cases, the person pleads guilty to the charge, but the judge withholds the adjudication, meaning the person would not have a conviction on their record if they complete the program. But, if the defendant fails to finish the program, the conditions of the guilty plea, including potential prison time, would kick in. Drug crimes can have serious consequences, even for what may seem like a minor amount of drugs. Our Nassau County Drug Crimes lawyer is well-versed in the laws regarding drug possession and has represented hundreds of clients facing similar charges.