Drug Crimes

FLORIDA DRUG CRIMES ATTORNEY

Joseph J. Registrato, Attorney At Law in Florida
More and more people, it seems, are getting hooked on prescription drugs that seem to be increasingly available, from legal and illegal sources. Drug crimes are often charged after a search and seizure.

What Are Your Rights Under the constitution of Florida and United States?
The law has continued to become less and less tolerant of drug related crimes. The result has been more severe penalties for those convicted and less flexibility for people charged with them. Drug arrests are frequently challenged based upon illegal search and seizure issues.
Some of the questions we will ask with regard to your drug charge are these:

Why did the police stop you in the first place?

Was there a warrant for your arrest and if so, was it based upon probable cause? What were the facts that gave rise to the probable cause?

If you consented to a search, was your consent given voluntarily?

What were the precise circumstances that gave rise to a "constructive possession" charge?

Free Consultations 24/7
Contact us today for a free consultation.

SEARCH RULED ILLEGAL; MOTION TO SUPPRESS GRANTED
The State of Florida dropped a drug case in Hillsborough County recently after the court agreed with our Motion to Suppress Evidence. Here is a summary of the court's order:

On August 6, 2009, the court took testimony on the Defendant's Motion to Suppress. Counsel for both parties were present as well as the defendant. (The deputy), the defendant and his passenger testified.

(The deputy) testified he was on routine patrol December 16, 2008 at approximately 7:10 p.m. hours when he stopped a vehicle for not having a tag light. The deputy testified that he asked the Defendant to exit the vehicle and during this conversation asked the Defendant if he had any drugs or weapons. The Defendant replied no. The deputy then asked the defendant if he could search him and the Defendant said yes. The deputy found drugs in a cigarette box on his person. The deputy never told the Defendant he did not have to consent nnor ws a written consent form executed.

The defendant's testimony was the deputy ordered him from the vehicle and patted him down. He asked what was in his pocket and reached in finding the cigarette pack. At no time did the deputy ask for permission to search him.

The Defendant's passenger testified they were stopped and the Defendant was asked to exit the vehicle. He heard the deputy ask the Defendant what was in his pocket and as the Defendant attempted to reach into his pocket, the Deputy went into the Defendant's pocket.

The issue is one of consent. The court finds the Defendant did not give the deputy consent to search his person. The issue is one of credibility and the court believes the Defendant and his passenger regarding the issue of consent. The defendant's motion is granted.

Call the law office of Joseph J. Registrato to find out about your constitutional rights!!