Search Results: drug court

Highland Park Parade Shooting

Another tragic mass shooting has shook the nation. This time the massacre took place during a 4th of July parade, meant to celebrate Independence Day in America. The shooter was Robert “Bobby” Crimo III, who has now been charged with seven counts of first-degree murder. In total 45 people were injured and seven were killed in the shootings outcome. Lake …

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What is a Downward Departure?

A downward departure occurs when a judge departs from the lowest permissible prison sentence according to Florida’s Criminal Punishment Code. But how does a defendant dodge a mandatory prison sentence? This blog will explore how the lowest permissible prison sentence is calculated and what circumstances will result in the court straying away from it. Florida’s Criminal Punishment Code Under Section …

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Involuntary Commitment Under Florida’s Marchman Act

*The information is provided as a public service. Pumphrey Law does NOT handle Marchman act cases unless criminal charges are filed* The Hal S. Marchman Alcohol and Other Drug Services Act, commonly referred to as the Marchman Act, was passed in 1993 as a measure to help individuals cope with their substance abuse issues by actively encouraging them to voluntarily …

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Diversion Programs in Florida

If you have been accused or charged with a crime, you will most likely be seeing court, as well as potential jail time. Any crime has specific consequences attached to it. However, there are some cases where there is another option. There is another way out of the cell—diversion programs. Diversion programs are about as old as the justice system …

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Cocaine Charges

What You Need to Know About Cocaine Penalties in Florida When it comes to drug crimes, Florida has harsh penalties that include hefty fines and prison times. Per Florida Statute Section 893.13(1)(a), cocaine is illegal to possess, use, manufacture, or sell. The penalties for a conviction of possession of cocaine in Florida are dependent on the specific facts and circumstances …

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Felony Possession

Despite Florida starting to become more lenient with its medical marijuana and legal hemp initiatives, it is important to address that you can still be arrested and prosecuted for the unlawful possession of marijuana. Currently, Florida separates marijuana possession charges into two categories: simple possession and felony possession. Felony possession of marijuana is a more severe offense than simple possession. The …

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Can I Buy A Gun If I Smoke Marijuana? New ATF Form Says YES… Under Certain Circumstances

florida medical marijuana law

A federal gun purchase form may be amended by the Bureau of Alcohol, Tobacco, and Firearms (ATF) to reflect that medical marijuana users are no longer violating federal law when they buy a gun. In Florida, a common legal question is whether someone can permissibly purchase a firearm if they are a user of marijuana. Previously, the answer to this …

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Florida’s 2nd DCA REVERSES Aggravated Assault, Robbery Convictions For Unusual Reason

Florida’s 2nd District Court of Appeal reversed a defendant’s convictions after condemning the prosecutor’s improper appeals to the jury to decide the case based on sympathy for the alleged victim during closing arguments. CASE: Brown v. State, 593 So.2d 1210 (Fla. 2d. DCA 1992) Charge(s): Aggravated Assault, Robbery, Cocaine Possession Outcome: Conviction REVERSED, as the prosecutor’s repeated appeals to the …

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Entrapment in North Florida: What Tallahassee’s 1st DCA Held in Kent v. State

Case Summary Florida’s 1st District Court of Appeal reversed a defendant’s drug trafficking conviction because the trial judge reversibly erred by excluding testimony from key defense witnesses that rebutted the defendant’s alleged predisposition to commit the offenses. CASE: Kent v. State, 704 So.2d 121 (Fla. 1st DCA 1997) Charge(s):Possession of Cocaine Outcome: Conviction REVERSED, as the trial judge reversibly erred …

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