Tampa Bay Criminal Defense Lawyer Blog

According to a story in today's St. Petersburg Times, dozens of suspects have been rounded up (and dozens more are still wanted) in a multi-county prescription drug operation known as "Operation No Appointment Necessary."

The St. Pete Times reports the following:

The phony prescriptions were printed out on a home computer and passed out to "runners" who got them filled at local pharmacies.

Then the pain pills were divvied up: half for the runner to keep, half for the drug dealer to sell at street prices that, in some parts of Florida, are up to thirty (30) times what they cost at a pharmacy.

Authorities said that's how more than 400,000 30-milligram Oxycodone tablets (otherwise known as "blues" for their color) got into the wrong hands during a nine (9) month span beginning in October 2009.

On Monday, several local law enforcement agencies launched a multi-jurisdictional effort to arrest some of the members of a sophisticated Tampa Bay area Drug Trafficking ring.

"These criminals don't know any boundaries and neither should we," said Pasco County Sheriff Chris Nocco.

By day's end, officials had located forty one (41) of the seventy two (72) people sought in the second phase of "Operation No Appointment Necessary." Some were already in local jails; others were arrested in Pinellas, Pasco and Hernando counties.

The first phase of this operation, which began in March, has so far netted sixty six (66) of ninety four (94) suspects. And investigators had previously made about one hundred forty (140) other arrests in connection with the case.

Monday's sweep was a joint effort between the Pinellas County Sheriff's Office Countywide Diversion Task Force, the Pasco County Sheriff's Office, the Hernando County Sheriff's Office and the New Port Richey Police Department.

Officials say those being arrested as part of both phases of the operation were mostly low-level offenders, accused of passing the fake prescriptions or Doctor Shopping. The top tier of the organization has already been "dismantled," said Pinellas County Sheriff's Office Capt. Robert Alfonso.

Those people are facing Federal charges, but Alfonso declined to identify them, citing the ongoing nature of the large-scale investigation.

During the investigation, detectives identified twenty seven (27) doctors whose names were being fraudulently used by the drug ring. The doctors, whose prescription pads had been stolen or duplicated, cooperated with investigators.

Monday's sweep came just a few weeks after a state report revealed that the number of people fatally overdosing on prescription drugs in Florida went up nearly nine (9) percent from 2009 to 2010.

According to the report, the Pinellas-Pasco medical examiner's district led the state in 2010 in deaths from all six (6) of the most lethal prescription drugs -- Oxycodone, Alprazolam (Xanax), Methadone, Hydrocodone (Vicodin), Morphine and Diazepam (Valium).

And addiction is at the heart of the matter, officials said.

"A lot of people get involved because of addiction situations," Alfonso said. "They are addicted to these painkillers and they have to feed their addiction by going out and getting these pills and then they sell them as well as using them."

Oxycodone pills that cost about $1 apiece at a pharmacy are going for $8 to $15 on the street in the Tampa Bay area, Alfonso said. In more rural areas of North Florida, they can bring as much as $30 a pill.

Detectives estimate the value of the pills received through the fraudulent prescriptions in this investigation at more than $4 million.

The number may seem staggering, but it's only a drop in the bucket, Alfonso said. "This is only one organization of many that are out there," he said.

A jury in Hernando County Florida finds son Guilty of First Degree Murder for killing his father, in cold blood, over the popular (and deadly) drug Oxycodone.

In a Brooksville courtroom, Assistant State Attorney Pete Magrino gripped the Revelation 12-gauge, sawed-off shotgun and pointed it at the courtroom wall, just feet from the jury.

He pumped the slide on the shotgun, then pulled the trigger. Pump. Click. Pump. Click. Pump. Click.

"Ivan Horne was shot four (4) times. I don't know how fast or slow the defendant cycled this shotgun when he murdered his father," Magrino told jurors Thursday, pointing at the 20-year-old man sitting at the defense table. "We're not talking one shot."

After a dramatic closing argument by the Assistant State Attorney, the jury took just one (1) hour to find Stephen Horne guilty of First-Degree Murder in the May 2010 shooting of his father, Ivan Horne, 47. Authorities say the son was motivated by drugs and money.

Later, just after Chief Circuit Judge Daniel Merritt Sr. sentenced Horne, of Ridge Manor, to LIFE in prison (without the possibility of parole), the convicted killer turned to sobbing family members sitting two rows behind him, and he smiled.

Some told Horne they loved him. Others couldn't say anything. As deputies escorted him out, he glared at news reporters.

Horne was also convicted of Robbery with a Firearm and Possession of a Short-Barreled Shotgun.

His accomplice, Angel Gonzalez, 28, of Holiday, was convicted last month of First Degree Murder and was also sentenced to LIFE in prison.

In court Thursday, Magrino read portions of a damning confession Horne had given to Hernando sheriff's Detective Bryan Faulkingham.

" 'I killed my father. I shot my father. I planned it all,' " Magrino read. " 'I hated my father. I seen dollar signs. I planned it out. Everything was all my idea. I was going to get away with it.' "

The two (2) men stole Ivan Horne's prescribed Oxycodone pills and between $200 and $600, Magrino said. Then they stripped him of his boots, trousers and cell phone.

"The state has proven that defendant right there," Magrino said, pointing at Horne, "is a cold-blooded killer."

A rather disturbing story was featured in today's St. Pete Times about a Seminole mother who tried to sell her son for $2,000 because of her addiction to prescription drugs.

The 5-year-old boy was excited to start kindergarten Tuesday in Tampa.

Jim and Betty Gardner, who have helped raise the boy since he was an infant, were working hard to prepare him by establishing a morning routine.

Now, they're worried how his first school year will begin.

The child was taken into protective custody Saturday after authorities arrested his mother and accused her of trying to sell him to the Gardners for $2,000.

Jessica Mickles Beers, 28, whose last known address was in Seminole, was charged with Felony Sale of Parental Rights along with a Violation of Probation (VOP) on her pending Grand Theft charge. At her First Appearance Hearing on Sunday, bail was set at $10,000.

Gardner, 58, said he and his wife met Beers when the boy was just a few months old after she called their church for assistance. They took food and diapers to her.

Beers essentially was homeless, but was living with other people. She asked to move in with the Gardners and they agreed, Gardner said.

For the next five (5) years or so, the Gardners, who have fostered numerous children over the years, helped take care of Beers and her child.

About two years ago, Beers began talking about having the couple take guardianship of her son but never followed through with it. Early Saturday, Gardner said, Beers called him and offered to sign away her parental rights if the Gardners would pay her $2,000.

"It was money or else ..." Gardner said. "I thought 'Whoa, that's illegal.' "

He contacted the Pinellas County Sheriff's Office (PCSO), which arrested Beers at a Seminole grocery store when she came to collect the cash.

The child was not with Beers, but she told authorities where he could be found, Gardner said. Gardner said he believes Beers is addicted to prescription drugs.

Continue reading "SEMINOLE: $10,000 Bail for Mom Accused of Trying to Sell Her Son" »

As reported by BayNews9, Polk County Sheriff Grady Judd is at it again.

In another "cost-cutting" measure, the Polk County Jail will no longer provide free underwear to its inmates.

Normally, when an inmate is booked in the jail, they are given an orange shirt, orange pants and underwear.

In order to save money, Polk County Sheriff Grady Judd has proposed making males inmates pay if they want their "tighty whities."

The cost-saving measure was part of the sheriff's 2011-2012 budget he presented to county commissioners Thursday afternoon. Judd said it will save the county $45,000.

Although women behind bars will still be provided underwear, the men will have to pay.

"For those who don't want to pay, they can let the breeze blow up one leg and out the other," Judd said (in classic Grady Judd fashion).

The idea drew smiles from several county commissioners and laughter from the crowd.

"You and I buy it at the store. So, if they want it, they can buy it," he said. Judd said they are also cutting eleven (11) positions, including six (6) supervisors.

Judd says while his department is doing more with less, his highest priority remains keeping the people of Polk County safe.

Judd said the new policy will not cause the quality of service from the department to go down.

"None of these cuts will keep us from answering the call," Judd said.

FYI -- As for the underwear, it's about $2.50 for briefs and $4.50 for boxers. The choice is up to the inmates.

"We give our inmates choices at our jail," he said.

The new underwear rule will breeze into effect Aug. 1st.

Continue reading "POLK COUNTY: No More Free Underwear for Male Inmates" »

From time to time, the Tampa Bay Criminal Defense Lawyer Blog publishes submissions from other practicing attorneys throughout the county. The following article was submitted by Thomas Greenberg of the Law Offices of Thomas Greenberg in Redwood City, California (San Mateo County). Enjoy.

In 1996, California became the first state in the nation to legalize Marijuana use for medical purposes. The medical marijuana industry germinated during the Clinton Administration and grew during President George Bush's tenure, despite the Bush Administration's opposition. When Obama took office, he voiced public support for medical marijuana and assured that the Department of Justice would not prosecute patients or dispensaries in states where medical marijuana was legal. Economies are responsive to political and legal change, and the relaxation in the threat of prosecution led the medical marijuana industry to flower.

In July 2010, Oakland City Council passed a measure to grant licenses to four (4) industrial-scale pot growers with the provision of hefty ($200,000+) licensing fees and a sales tax beginning at 1.8% and increasing to as much as 12%. The measure passed with the allure of a potential to raise $38 million for the city, annually. The Council also saw regulated, industrial-scale growing as a way of reducing small-scale production and the Robberies and personal safety issues it sometimes attracts.

In the months after the measure passed, the City Council considered the rules for regulating the first large-scale Marijuana warehouses in the country. A major issue was to whom to award the four (4) coveted permits, and criteria were created to reward entrepreneurs for best business model, security plan and, of course, being pesticide-free. In November, voters approved a measure that imposed a 5% business tax on all marijuana growers and dispensaries. The City Council planned to award the four (4) permits by December 20, 2010.

Then came a major buzzkill--the Obama Administration issued a "blunt" message that the Department of Justice (DOJ) would prosecute large-scale growers and distributors, and potentially penalize Oakland for getting a cut of the profits. Another lesser problem was that the permit process failed to heed state law that was supposed to restrict medical marijuana growing to "patient-caregiver collectives." The City Council went back to redraft the permitting process and bring it into compliance with state law by tying each farm to an individual marijuana dispensary.

For a moment it appeared that a new protocol had been worked out and that the City Council might award five (5) permits. Councilwoman Desley Brooks had come up with a plan allowing five (5) dispensaries to operate their own industrial-size Marijuana farms of up to 50,000 square feet (the Brooks Plan).

Just as the City Council was getting fired up, the Obama DOJ's local, US Attorney Melinda Haag blew the City Council's high by issuing a warning that Oakland's cultivation ordinance, as originally drafted, would be illegal and could result in Federal and/or state prosecution. In a letter dated February 1, 2011, Haag wrote:

"The Department is concerned about the Oakland ordinance's creation of a licensing scheme that permits large-scale industrial marijuana cultivation and manufacturing as it authorizes conduct contrary to Federal law. . . . Accordingly, the Department is carefully considering civil and criminal legal remedies regarding those who seek to set up industrial marijuana growing warehouses in Oakland pursuant to licenses issued by the City of Oakland."

Haag said Federal authorities would enforce a crackdown on illegal Manufacturing and Distribution of Marijuana, "even if such activities are permitted under state law" as they violate Federal anti-drug laws. Operators of Marijuana farms, as well as landlords, property owners, financiers and even the city's council members could face prosecution. Haag made sure to point out that the DOJ won't be focusing its limited resources on prosecuting patients, but distinguished that unlawful Manufacturing and Distribution was another story.

Alameda County District Attorney Nancy O'Malley issued a statement agreeing that [the] Brooks Plan violated state law because it defined dispensaries as primary caregivers, which read too broadly the state law provision allowing primary caregivers to grow medical marijuana. In fact, district attorneys offices throughout the state have basically disregarded this provision of the law since medical marijuana was legalized in 1996, hence the proliferation of garage-grow rooms and backwoods plantations.

Within the week, City Attorney John Russo withdrew his legal advice and told the City Council to hire a separate, non-governmental attorney. Russo's withdrawal doesn't mean that the City Council has to flush its plan; rather, it's more an illustration of how fractured his relationship with City Council is becoming. Just a week before, newly-elected mayor Jean Quan had expressed her desire to have her long-time lawyer-friend Dan Siegel act as an unpaid legal adviser for the city, and the two had sparred over the legality of that. Furthermore, U.S. Attorney Haag issued her letter in response to City Attorney Russo's request for guidance, but Mayor Jean Quan says the Council never asked Russo to seek advice.

The fate of Oakland's large-scale medical marijuana production is uncertain. The City Council's Public Safety Committee will discuss Brooks' plan and Russo proposed amendments at their meeting on February 8, 2011. The full council will discuss the issue again at their meeting on February 15, 2011. The nation is watching -- whatever happens in Oakland could have repercussions not only in California but also in other states that have legalized medical marijuana, like Arizona.

SOURCES:

http://www.mercurynews.com/breaking-news/ci_17322521

http://www.baycitizen.org/marijuana/story/doj-oakland-industrial-pot-farms-illegal/

http://www.ibtimes.com/articles/109222/20110205/oakland-council-warned-by-feds-not-to-break-us-pot-law.htm#

http://articles.sfgate.com/2011-02-03/bay-area/27098495_1_marijuana-farm-ordinance-dispensaries-pot

About the Author

San Mateo DUI Lawyer, Thomas Greenberg, is a native of California and a graduate of the University of California at Berkeley. He was formerly a highly respected deputy public defender and is now an experienced San Mateo criminal defense attorney who has provided effective legal services to literally thousands of clients

According to a recent story on BayNews9.com, "bath salts" sold in specialty and tobacco shops are being pulled off the shelves after an emergency order was issued on Wednesday making the product illegal.

"Our kids can overdose on this," Attorney General Pam Bondi said.

Bondi compared the product to other illegal drugs.

"We want to have it made a Schedule I drug," she said. "So to put it in perspective, that's right up there with Cocaine and Heroin."

However, Rockin Cards and Gifts owner Randy Heine said the government is being "hypocritical" and "overreacting."

"Based on nothing, on hearsay," he said. "When you read the Order it's kids could, may, can...there's no documented evidence of anybody dying from these products. She needs to prove it. She needs to lay her cards on the table and show us people who got sick and died off this."

Health experts say a synthetic chemical chemical in the "bath salts" known as MDVP can cause reactions from rapid heart beats to psychotic behavior.

Bay County Sheriff Frank McKeithen wrote a letter to the Attorney General's office expressing his concern about the substance and problems it could cause during spring break.

The emergency order making substances containing MDVP illegal will last until the legislature is in session. Bondi hopes lawmakers will make the ban permanent.

Heine has cleared all of the "bath salts" off of his shelves.

"If you like the product or not, it doesn't matter," he said. "They're taking away your personal freedoms."

For more information on this topic, please check out this online story entitled: "More People Snorting 'Bath Salts' to Get Cocaine-Like High."

Continue reading "PINELLAS PARK: Did Pam Bondi Throw out the Baby with the Bath Salts?" »

The Daytona Beach News-Journal published a good story this week about the rise in DUI arrests involving both "legal" prescription drugs as well as over-the-counter drugs.

Whether it's cold medicine, cough syrup, a legal prescription drug or alcohol, if you ingest too much and drive a vehicle, you can be charged with Driving Under the Influence.

"Even if someone is taking prescription drugs legally, they can be charged with DUI," said Sgt. Kim Montes, spokeswoman for the Florida Highway Patrol (FHP) district that includes Volusia County. "If a trooper evaluates someone, either on a traffic stop or at a crash scene, and determines they are impaired from alcohol, illegal or legal drugs, or another substance, they can be arrested."

The FHP recently charged a man with DUI Manslaughter in an Orlando case because they believe he had inhaled computer cleaner, Montes said.

Toxicology reports, which reveal the presence of substances in the blood that can lead to impairment, can take several months to complete, said FHP Lt. Bill Leeper. He noted authorities are awaiting toxicology results in at least one Flagler County crash involving serious injuries.

The Friends Drive Sober organization devotes a section of its website to prescription and over-the-counter drugs and their effect on drivers.

"Drugs impair our bodies in a variety of ways," the site reads. "They may blur our vision; make us tired or too excited; alter depth perception; make us see or hear things that may not be there; raise or lower blood pressure; react too quickly, too slowly, or not at all. They cause problems with concentrating on the task at hand."

The Centers for Disease Control and Prevention specifically lists cough and cold medications containing dextromethorphan as one of the most commonly misused over-the-counter drugs, "to get high."

"The pivotal issue when it comes to controlled substances is impairment," said Chris Kelly, spokesman for the State Attorney's Office (emphasis added).

The short answer, he said, as to whether a person is guilty of Driving Under the Influence depends on two things: the impaired individual is "in [actual physical] control of the vehicle" and, per state statute, that "the person's normal faculties are impaired."

The Florida Department of Law Enforcement (FDLE) runs a panel for all controlled substances when blood is drawn, said spokeswoman Susie Murphy.

"We don't typically test for huffing (inhaled) agents," Murphy said. "We don't test for over-the-counter drugs at all."

But that doesn't mean a person can't be charged with DUI for taking over-the-counter medication.

"If someone were to ingest enough over-the-counter medicine, they could also be arrested for DUI if it is determined that they are impaired," Montes said.

Continue reading "DAYTONA BEACH: Legal Drugs Can Still Lead to a DUI" »

According to BayNews9.com, the St. Petersburg Police Department's (SPPD) "Street Crimes Unit" seized 9.3 pounds of Marijuana from two (2) vehicles Wednesday afternoon.

Police said they conducted two (2) traffic stops; one near 21st Avenue South and 16th Street in St. Petersburg and the other at 7348 U.S. Highway 19 North in Pinellas Park (its unclear why the SPPD was conducting a traffic stop in Pinellas Park).

Officers discovered nine (9) gallon-size zip lock bags in the two (2) vehicles containing about 9.3 pounds of marijuana. Apparently someone in this operation had a heavy hand and stuffed and extra 3/10 of a pound into the gallon-size bags.

Officers also found (and seized) $4,488 in cash (although I'm sure that money was legitimately earned during the suspects' day jobs and will have to be returned to them).

Three (3) men, all from St. Petersburg, were arrested for Possession of Marijuana with Intent to Distribute. They are: Floyd J. Green, 29; Gregory Thomas, 31; and Doniell Massey, 30.

No doubt, one (or more) of their attorneys will claim that the Marijuana was for "personal use."

Thomas also faces charges of Driving with a Suspended License.

The obvious lesson to be learned here: If your license is suspended, do not drive with nine (9) pounds of marijuana in your car.....

Continue reading "ST. PETERSBURG: Street Crimes Unit Seizes Nine (9) Pounds of Marijuana and Cash" »

As we enter another Holiday Season, the SLAVIN LAW FIRM would like to wish you and yours a Happy and Safe Holiday weekend.

With the support of all of our friends, family and clients, 2010 was another excellent year for the SLAVIN LAW FIRM. And for that, we have much to be thankful for this Holiday Season.

To our family and friends, thank you for your patience and understanding when it was necessary to work late nights and/or weekends.

To our business colleagues and our outstanding network of fellow attorneys, thank you for not only your referrals but for the trust that you have placed in the SLAVIN LAW FIRM to provide an experienced and aggressive representation to those that you've sent our way.

And to both our former and present clients, thank you for the trust that you have placed in the SLAVIN LAW FIRM to protect your rights and to handle your important criminal and/or traffic-related matters.

As many of you know, 2010 presented some different challenges for the SLAVIN LAW FIRM. Without your support, we would not have been able to achieve the many successes that came our way.

On behalf of the entire SLAVIN LAW FIRM team (Pam, Eryn, Oatie and myself), have a Happy, Healthy and Safe Holiday Season.

As always, attorney Aaron J. Slavin will be available throughout the Holiday Weekend. In fact, we were very grateful to sign up a new Client today and make a Christmas Eve trip to the Pinellas County Jail.

Continue reading "CLEARWATER: Happy Holidays from the Slavin Law Firm" »

Earlier this week, the Sixth Circuit Court of Appeals (a Federal appeals Court) issued a landmark opinion in the criminal case of United States v. Warshak, finding that individuals have "a reasonable expectation of privacy in their email" and that the Fourth Amendment protects email held by an Internet Service Provider (ISP).

In other words, "[t]he government may not compel a commercial ISP to turn over the contents of a subscriber's emails without first obtaining a warrant based on probable cause." United States v. Warshak, et al., No. 08-3997, Slip Op. at 23 (6th Cir. Dec. 14, 2010).

As a criminal defense attorney, I've been asked the following question many times: To what extent can the police secretly view/obtain your private email? This core question, namely - what are the limits of police surveillance - was answered this week by the Sixth Circuit Court of Appeals in a lengthy opinion (that is hyperlinked above).

On one side of the issue, privacy advocates are pleased as punch with the opinion which holds that the government/police must obtain a search warrant based on "probable cause" before it can search emails stored by Internet Service Providers (ISP's).

The case involved a Federal Fraud prosecution of Steven Warshak, an Ohio executive, whose company sold an herbal supplement which was touted for its purported ability to increase a man's, um, physical attributes. Perhaps you've seen a commercial or two for this product?

As part of its Fraud investigation, the United States government obtained about 27,000 private emails from Warshak's Internet Service Providers. Warshak moved to suppress/exclude the emails as evidence, contending that the U.S. government obtained them through an unreasonable search and seizure, in violation of the Fourth Amendment.

People have a "reasonable expectation" that emails will remain private, the Sixth Circuit stated, using some colorful language. "Lovers exchange sweet nothings" and "businessmen swap ambitious plans" all with the click of a mouse button, the Court said. By obtaining access to someone's email, law enforcement agents gain the ability to peer deeply into his activities. . . the Fourth Amendment must keep pace with the inexorable march of technological progress, or its guarantees will wither and perish."

The Sixth Circuit held that Warshak's constitutional rights were violated when investigators obtained his e-mails without a search warrant.

In a minor side note, the Court upheld his convictions. One of Warshak's attorneys, Martin Weinberg, told the Associated Press that the Court's ruling on email-privacy was helpful to his client; however, the Court should have also overturned his convictions.

The Electronic Frontier Foundation hailed the recent Sixth Circuit ruling, saying in a statement that it is the "only federal appellate decision currently on the books that squarely rules on this critically important privacy issue."

The National Association of Criminal Defense Lawyers also weighed in with praise. "Americans expect and deserve protection from government agents who would snoop into their private communications without probable cause and a court order," the group said in a statement.

Please remember, this opinion only applies to "government agents." This opinion will not prevent your wife or girlfriend from snooping into your private email account.

BEWARE.......

Continue reading "Federal Appeals Court Rules that Emails are Protected from Warrantless Searches" »

In breaking news early this morning, Tampa Bay Buccaneers standout rookie wide receiver Mike Williams was arrested and charged with Driving Under the Influence by the Hillsborough County Sheriff's Office (HCSO)

According to an online story by The Tampa Tribune, Hillsborough County Sheriff's Office (HCSO) deputies arrested Williams at U.S. Highway 301 and Causeway Boulevard at 2:48 a.m. He was arrested even though his blood alcohol level was lower than the level at which a motorist is considered too intoxicated to drive.

*** For an interesting tool to determine how much is "too much" to drink, you can check out the following link on the Slavin Law Firm website. ***

Williams was driving 57 mph in a 45-mph zone, weaving in and out of lanes, Hillsborough sheriff's spokesman Larry McKinnon said.

When Williams agreed to sobriety tests (otherwise known as "Field Sobriety Exercises") at the traffic stop, deputies saw "signs of impairment," McKinnon said.

However, subsequenty breath tests showed Williams had blood-alcohol levels of 0.065 and 0.061. In Florida, drivers are presumed drunk at 0.08. The blood-alcohol tests were taken at Orient Road Jail.

This author would note that it is a common misbelief that anyone that blows below a .08 will have their DUI charge dismissed or reduced. In fact, Florida law "presumes" that someone who blows above a .08 is "impaired." Florida law also "presumes" that someone that blows below a .05 is not impaired. However, there is no presumption on a breat test result between .05 and .08. Therefore, other facts will be considered such as the result of Williams' pending urine analysis.

"But even before they take the breath test, deputies usually have enough probable cause for a DUI," McKinnon said. "That breath test may come back double zero. People have refused the breath test and still got arrested. It only measures alcohol. It won't register illegal or prescription drugs."

"People think, 'If I blow below a 0.08, hey, I'm scot-free,'" McKinnon said. "But I could take four (4) shots of NyQuil and be below it, too. Any type of chemical substance you ingest that impairs your ability to drive, you can get arrested."

Deputies reported that Williams "smelled of alcohol" and had "glassy eyes" (pretty common indicators of impairment that we see on a daily basis in DUI police reports).

Williams was released from Orient Road Jail at 8:04 a.m. today after posting $500 bail.

"We are in the process of gathering all the facts," Bucs general manager Mark Dominik said. "Mike has been very cooperative."

Although Dominik would not comment further, Williams was expected to travel with the team today to San Francisco and will likely play against the 49ers on Sunday.

Williams was a fourth-round pick out of Syracuse and was named a starter going into the season. He was considered a first-round talent in last April's NFL draft, but his stock slipped as concerns about his character arose.

While at Syracuse, Williams was forced to serve an academic suspension that came amid allegations he cheated on a test. He also received a one-game suspension in 2009 for breaking team rules and later quit the team in November of that year.

Earlier this year, Dominik said he was confident Williams' problems were in the past.

"I wouldn't bring somebody in here if I didn't feel comfortable about it," Dominik said at the time. "I don't think anybody spent more time with this kid than the Buccaneers did, and I think we're going to reap the rewards for it."

This is the second Bucs players to be arrested within the last thirty (30) days.

Tight end Jerramy Stevens was arrested Oct. 23 on charges of Possession of Marijuana with Intent to Sell and Possession of Marijuana, both Felonies, and Possession of Drug Paraphernalia, a misdemeanor. He had thirty-eight (38) grams of marijuana on his possession and was close to the team hotel at the time of his arrest. Stevens was released by the Buccaneers a few days after his arrest.

More than one (1) month after a Federal jury deadlocked in his Cocaine Trafficking trial, Jamaican reggae singer Buju Banton walked out of the Pinellas County Jail today after a judge ordered his release under strict conditions.

Banton, whose real name is Mark Myrie, declined comment and covered his face as he left jail and headed home to South Florida.

He had been behind bars since his arrest in December. A Federal judge declared a mistrial September 27th after jurors couldn't agree on a verdict. Banton is scheduled to be tried again in February.

"We're thrilled that Buju will have some time to regroup before we try this case again," defense attorney David Oscar Markus said.

As a condition of Banton's release, his friend Stephen Marley, a musician and son of reggae icon Bob Marley, posted $300,000 worth of equity in his South Florida home.

Last month, U.S. Magistrate Anthony Porcelli ruled that Banton could be released under stringent conditions. U.S. District Judge James Moody last week denied a prosecution appeal of Porcelli's ruling.

Under the terms of Banton's bond, he must pay a private security detail to guard him so he doesn't flee. He also was required to sign an extradition waiver (ensuring his return if he does flee the country) and he will have to wear an electronic monitoring device.

Two (2) men indicted along with Banton, including the singer's driver, have pleaded Guilty and are awaiting Sentencing.

Banton maintains he was set up by a well-paid government informant.

However, Federal prosecutors have argued that recorded conversations show Banton was an experienced Cocaine Trafficker who was trying to invest in another deal

Continue reading "CLEARWATER/TAMPA: Reggae Singer Buju Banton Released from Pinellas County Jail Pending Retrial" »

An online story today on BayNews9.com announced that law enforcement in the Tampa Bay area will begin cracking down on the increasingly-popular "synthetic marijuana" that many kids, teenagers, defendants on probation and/or anyone else that needs to pass a drug test have been increasingly using.

Polk County Sheriff Grady Judd says it's time to the kill the buzz on synthetic marijuana, otherwise known as K2, Spice or Blueberry Meditation.

It takes just a glance on the K2 hyperlink that I've provided to see that these companies are staying ahead of the curve by modifying their product to circumvent various State laws that are being drafted to outlaw their product.

This so-called "legal weed" produces a high that doesn't come from a plant, but a chemist.

"Even the doctor who created it in the lab says this should never ever be used for human consumption," said Judd. "We know from our research it causes anxiety, hypertension, vomiting, hallucinations and we know that the kids are smoking it."

The concoction of dried herbs is sprayed with a chemical up to one hundred (100) times more powerful than THC, the active ingredient in Marijuana.

"One package may make you sick," Judd said, "the next package may kill you."

Smoke shops and convenience stores sell synthetic marijuana legally in Florida. Synthetic marijuana is not a controlled substance here. Yet.

However, Sheriff Judd said there is a law on the books he now intends to enforce. That law makes it a Third Degree Felony to sell something that mimics the effects of marijuana or any other controlled substance.

"We intend to arrest the store owners and the clerks who sell or deliver this product," said Judd.

The statute Judd is planning to arrest people under states it is illegal to sell or distribute any substance that imitates the effects of a banned drug. It's not illegal to possess, only to sell. The Third Degree Felony charge that the Polk County Sheriff is planning to use is punishable by up to five (5) years in a Florida State Prison.

In other words, DON'T SELL OR DELIVER THIS STUFF IN POLK COUNTY, FLORIDA. You've been warned!!

Aaron J. Slavin, Esq.
SLAVIN LAW FIRM, LLC

Not good news for Bucs fans as they woke up this morning and got ready for a 1:00 p.m. kickoff against the St. Louis Rams at Raymond James in Tampa.

Bucs Tight End Jerramy Stevens, 30, was arrested (again) and charged with Felony Possession of Marijuana with Intent to Sell, Felony Possession of Marijuana (over 20 grams) and a Misdemeanor of Possession of Drug Paraphernalia, according to authorities with the Tampa Police Department. A copy of Stevens' Hillsborough County Sheriff's Office Booking Sheet has been hyperlinked to this blog.

"Obviously Jerramy won't be playing today," said Jonathan Grella, the director of public relations for the Buccaneers, said before the game against the St. Louis Rams in Tampa.

"We are deeply disappointed by the news," Grella said. "We'll treat this matter with the seriousness that it deserves."

A Tampa police Sergeant pulled Stevens over at Cypress Street and West Shore Boulevard just after 7 p.m. for loud music, police said.

After smelling marijuana coming from the inside of the purple 2006 Ford truck, the Sergeant searched it and found thirty eight (38) grams of marijuana (a Felony amount in the State of Florida).

Stevens was arrested and taken to Tampa's Orient Road Jail without incident. He was released on $4,500 bail a few hours later.

Stevens has a history of alcohol-related arrests including a 2007 conviction for Driving Under the Influence (DUI) in Arizona, which resulted in a one-game suspension and a 30-day jail sentence.

Presumably, the NFL will come down harder on Stevens after this arrest. Fortunately, former University of Miami (shameless plug for my law school) star Kellen Winslow is having another standout year.

Continue reading "TAMPA: Bucs Tight End Jerramy Stevens Arrested (Again), This Time for Felony Drug Charges" »

According to a recent story in the USA Today, as illegal prescription drug use soars, the number of cases of Driving Under the Influence (DUI) in which the substance is a prescription drug rather than alcohol is rising steadily.
But prosecuting and obtaining convictions against suspects charged with DUI Involving Prescription Drugs can be a challenge.

Many states, including Florida, do not require a test to quantify the amount of drugs in a person's body in a DUI case, and impairment is difficult to prove.

"What we and other states have run into historically is that there is a well-developed system to quantify the amount of alcohol in the human body," said Rob Parker, a Brevard County, Fla., prosecutor.

However, "when you have Oxycodone or an opiate, we do not have a well-developed way to quantify the amount of drugs so that a jury can then compare that value to a standard established as an unlawful amount for when operating an automobile."

Parker prosecuted a man charged with four (4) counts of DUI after a crash in Melbourne in 2007. Minutes after the accident, a police officer observed that the 33-year-old driver's eyes were bloodshot, his eyelids droopy and his speech mumbled. A blood sample from the driver tested positive for the presence of prescription drugs.

"The jury heard all of that and could not conclude that he was DUI with drugs beyond reasonable doubt," Parker said.

The jury acquitted the driver of the DUI charges in August.

A DUI charge is the same whether the suspect is accused of driving while influenced by alcohol or drugs.

In Florida, the charge can be proved in two ways: a blood alcohol content of .08 or higher, or if the driver demonstrates he is under the influence of alcohol or a drug that "impairs his normal faculties."

The second is not so cut and dried.

Law enforcement has limited means to prove impairment. Field sobriety tests (or Field Sobreity Exercises - as some law enforcement officers are trained to call them) are one tool. The state also sometimes relies on "Drug Recognition Experts" (DRE's), police officers who have completed specialized training in detecting impairment due to drugs.

Michelle Perlman, misdemeanor division chief for the Brevard State Attorney's office, said her office recommends law enforcement agencies get a DRE to the scene as soon as possible if a suspected DUI involves drugs.

"This cannot usually be conclusively diagnosed by the average police officer," she said.

There are about a dozen DRE's in Brevard, where more than 2,000 people were charged with operating a vehicle under the influence in 2009. As is common around the country, Brevard does not separately track DUI's involving drugs.

Cpl. Wendy Wheeler, who heads the DUI unit at the Brevard County Sheriff's Office and who is a certified expert, said it can take three (3) to six (6) months for an officer to become a DRE.

"The program is real intense," she said.

Another important tool is a patrol car dashboard camera that can record impaired drivers. But not all police vehicles have them.

When cases go to Trial, a lot is up to the officer and the attorney, Perlman said.

"I do think that we see more difficulty in obtaining guilty verdicts on drug DUIs and that is probably because we are unable to prove the amount of drug in the person's system or the precise time when it was consumed," Perlman said. "I think if we can show a quantitative analysis, we will get a lot more plea deals."

Florida law does not require reporting the quantity of a drug in a driver's body in DUI cases. But the Florida Department of Law Enforcement (FDLE) has started to conduct quantitative tests for drugs like Cannabis and prescribed drugs like Xanax, Valium and Ativan and the date-rape drug GHB.

"We will continue to add quantitative tests for additional drugs," said Heather Smith, an FDLE spokeswoman.

She said law enforcement agencies also have the option to seek similar testing done by private labs "if the drug is one that FDLE does not currently quantify."

Defense Attorney Steve Casanova, who handles scores of local DUI cases, said traces of some drugs can stay in a person's system for as long as thirty (30) days.

"How do you prove it was affecting him at the time of the arrest?" Casanova said.

In other cases, the suspect may have been prescribed the drug legally.

One state quantifying drug usage in DUI cases is Nevada, where the statute mentions specific quantities of some drugs that have to be present in a person's blood or urine.

But even when the presence of drugs can be quantified, the effects they have on different people may not be the same, said Joanne Michaels, program director for the National Traffic Law Center in Virginia.

"What they do in different amounts in different people is still being studied," she said. "Toxicologists are raising concerns because it can be an issue."

Continue reading "USA TODAY: DUI Cases Involving Prescription Drugs Difficult to Prove" »