The Cost of Recidivism – Man Arrested for Selling Fentanyl After Bail Release

March 30, 2023 Don Pumphrey, Jr. Criminal Defense, Drug Charges, News & Announcements Social Share

When a person is released from jail or prison and commits another crime within a certain amount of time, it is considered recidivism. This term is a complicated one and has been a consistent concern for both State and Federal lawmakers.

In one recent Florida case, a man has contributed to the rate of recidivism after getting arrested for fentanyl trafficking while on bail for his last offense. This page will cover the details of the case, along with information on recidivism and charges for possessing fentanyl in Florida.

What was the Incident?

We have previously covered the first case in which Wendy Previl and Shaneka Dean were arrested for aggravated manslaughter. The couple’s one-year-old daughter died in September 2022 after ingesting a lethal mixture of fentanyl that was in the family’s home.

Both Previl and Dean bonded out of jail. According to the Broward Sheriff’s Office (BSO), Previl went back to dealing in fentanyl while awaiting trial for their child’s death. BSO announced that an undercover detective purchased drugs on several occasions from Previl and another man, 22-year-old Robert Roseme.

The BSO’s Gang Investigation Task Force obtained a warrant and searched Previl’s home. Upon inspection, deputies uncovered a large amount of fentanyl, along with an AK-style rifle with ammunition, a handgun, and a BMW belonging to Roseme.

Previl and Roseme have both been arrested and are being held at the Broward Main Jail. Both are facing charges of possession and conspiracy to traffic narcotics. BSO announced that the two men are expected to be federally prosecuted.

Florida’s Recidivism Rate

The term “recidivism” is used to describe the act of a person repeating a criminal offense, or other criminal behavior after being punished or serving a sentence for a previous crime. Recidivism is typically measured by the rate at which people who are released from incarceration re-offend and return to incarceration.

In Florida and the rest of the U.S., recidivism is considered a huge challenge for the criminal justice system. The reason is that it suggests that punishment in jail or prison may not be sufficient to prevent those who have committed a crime from doing so again in the future.

The rate of recidivism can vary depending on both time and variables. According to the Florida Department of Corrections, between 2018-2019 the overall rate of recidivism from Florida prisons was 23.1%. That implies that almost one in every four offenders will return to prison within three years of release.

Rates of recidivism can also depend on the type of offense committed and the demographic characteristics. The same report indicated that there was a 16.9% rate of recidivism for those convicted of a drug offense. There was a 34.4% rate of recidivism for those convicted of a violent offense. Offenders who were 24 or older at the time of release were 32.8% more likely to re-offend, whereas offenders who were 40 or older were only 18.3% more likely to re-offend.

Important: The rate of recidivism can be influenced by many factors. This can include the availability of support services, job opportunities, and the effectiveness of rehab and reentry programs.

Charges for Fentanyl in Florida

Fentanyl is an extremely dangerous drug that can be lethal upon ingestion. Under the Florida Drug Schedule, pure fentanyl is considered a Schedule II controlled substance. Drugs in Florida are classified into various schedules, from Schedule I to Schedule V. The drugs are divided based on the potential for abuse, medical use and the results of abuse. Fentanyl derivatives are considered a Schedule I controlled substance. Given its ranking on the State’s Drug Schedule, fentanyl has a high risk of abuse with little to no accepted medical use in Florida or the rest of the U.S.

A person who is caught in the possession of fentanyl can face a third-degree felony in Florida. The penalties for a third-degree felony include up to a $5,000 fine and up to five years in prison. In addition, a person convicted of a fentanyl possession charge will have their driver license suspended, according to Florida Statute Section 322.055.

If a person is caught with four or more grams of fentanyl in their actual or constructive possession, the Prosecution has grounds to charge the defendant with trafficking in fentanyl. Florida Statute Section 893.135 explains that trafficking fentanyl is when a person knowingly sells, purchases, possesses, manufactures, delivers, or transports four or more grams of fentanyl.

Important: If police find fentanyl in your possession, they will check the weight to determine if it is over four grams for a trafficking charge. Even if the defendant has a mixture only containing a small amount of fentanyl, it is based on the mixture’s entire weight. 

Finding a Defense Attorney in Tallahassee, Florida

The state of Florida takes drug offenses very seriously, especially when it is considered an amount large enough to be trafficked. In the last several years, fentanyl has been on the rise in Florida. This is an extremely deadly substance, and if police find you in the possession of fentanyl they will press charges. Charges for fentanyl possession and trafficking can result in expensive fines, imprisonment, or both.

If you or someone you know has been arrested for a drug offense in Florida, we highly advise you to seek out legal help from a defense attorney. Your future and your freedom are at stake, and you need top-quality defense to fight for your case. Don Pumphrey and the attorneys at Pumphrey Law Firm have years of experience representing clients accused of criminal offenses in Florida. Contact us today and receive a free consultation regarding your case at (850) 681-7777 or leave an online message on our website.

Written by Karissa Key

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