Florida Criminal Lawyer Blog

Driving under the influence, or DUI, is a serious crime in the state of Florida, according to Fort Lauderdale criminal attorney William Moore. DUI occurs when a person operates or is in actual physical control of the vehicle – even if the keys are not in the ignition or if you are asleep in the vehicle or parked and not moving – and is impaired by the usage of alcohol or drugs. Fort Lauderdale criminal attorney Moore notes that a person can be arrested for and convicted of DUI if he or she has a blood or breath alcohol concentration of 0.08 percent or higher or if the person is actually impaired, regardless of the amount of the substance in his or her bloodstream. Further, a person who is not yet the legal drinking age, 21 years, will be presumed intoxicated for the purposes of the DUI statute if his or her BAC was 0.02 percent or higher. One of the most common reasons police officers stop vehicles on suspicion of driving under the influence is failure to maintain a single lane.

The crime of DUI is one that results in harsher sentencing if you have one or more previous convictions for DUI/DWI. The time frame is also relevant – if it is your second DUI within five years or your third within 10 years, the charge is more severe. Other factors may worsen the sentence, either by statute or at a judge’s discretion. For example, Fort Lauderdale criminal lawyers note that driving with an especially high blood or breath alcohol concentration – 0.15 percent or more – triggers enhanced sentencing. Likewise, driving drunk with a child in the car is a factor the judge will take into account.

Refusing a breath test can have serious ramifications. Under Florida’s implied consent law, Fort Lauderdale criminal lawyers explain that drivers are generally required to provide a breath, blood, or urine sample if law enforcement authorities have reason to believe that they are impaired. The first time you refuse a breath alcohol test, or breathalyzer, results in an automatic suspended driver’s license for one year (although the driver can request an administrative hearing on the matter). If the same driver is later suspected of DUI again, refusing to provide a sample becomes a criminal offense. Unfortunately, because there are serious questions regarding the calculations made by the breathalyzer machine, some drivers are uncomfortable relying on a machine that they believe is not always accurate.

The following video was not produced or endorsed by Fort Lauderdale criminal attorney William Moore:

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Many people think of drug charges as low-level offenses, according to Broward County criminal attorney William Moore. This perception could be for a number of reasons, but one of the most important and obvious ones is that possession of a controlled substance probably poses less of a harm to the society at large than many other crimes, like armed robbery. Most people see that drug possession likely has less of an effect on other people than violent crimes.

Fort Lauderdale criminal attorney Moore says that drug charges are still serious. Prosecutors of ten take full advantage of the Florida statutory scheme for controlled substances and the amount that constitutes personal use (simple possession) versus trafficking. Criminal defendants who are arrested after being found with drugs during a routine traffic stop, for example, are often surprised by the criminal charges they face.

In Florida, possession of a controlled substance of a certain amount – which varies dramatically depending on what the drug is – is usually charged as drug trafficking. Trafficking in the traditional sense refers to the movement of large amounts of drugs, especially between countries. For instance, there has been significant reporting done on the drug trafficking, especially of cocaine, between Latin America and Miami. Likewise, drug trafficking in Mexico and into the United States is responsible for the uptick in violence related to drug cartels.

Other common drug charges include possession of drug paraphernalia, which is a misdemeanor. A drug paraphernalia charge can stem from a variety of different items, but to name a few: a pipe, rolling papers, and plastic baggies. It is often difficult for the state to sustain a drug paraphernalia charge without other evidence of drug use associated with the item, such as marijuana residue.

Items found near the drugs, or the way the drugs are found, may also be used to support a charge of possession with intent to sell a controlled substance. Classic examples include a reasonably large amount of drugs found doled out into plastic baggies, as though for individual sale. A scale, which can be used to meter out the precise amount sold (like an eight of an ounce of marijuana, for example) might be other evidence, just like a large amount of money found near the drugs or a list of names and numbers of buyers would be. Fort Lauderdale criminal attorney Moore has years of experience defending against drug charges of all kinds.

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For decades now, the federal government of the United States has been waging a War on Drugs. President Nixon coined the term in 1969, says Broward criminal lawyer William Moore. Initially, the term meant a crackdown on the international drug trade, particularly from Latin American countries. Colombia, for example, is known for its mass production of the plant from which cocaine is derived, and is considered to be a major supplier of the drug to the United States through the illicit drug trade. Now, however, the War on Drugs has been criticized more broadly as the federal government has attempted to toughen domestic law enforcement through the Drug Enforcement Administration. Recently, however, the DEA came under new leadership following the election of President Obama and the agency’s priorities have changed, says Fort Lauderdale criminal attorney Moore.

On one hand, the current administration faces the growing problem of Mexican drug violence, says Broward criminal lawyer Moore. Hundreds have been slain, especially along the U.S.-Mexico border. Powerful drug cartels have been responsible for many home invasions, in which their victims – often low-level drug dealers – and their families are brutalized. The continuing violence has alarmed residents of Arizona and other border states. Even cities as far from the border as Birmingham, Alabama have seen violent crimes as a result of the drug cartels.

In March, Attorney General Eric Holder announced that the DEA would be taking a new approach to medical marijuana, says Fort Lauderdale criminal attorney Moore. Several states, including California, have made marijuana available for medicinal use when recommended by a physician. The note authorizing medical marijuana is not a prescription in the traditional sense. It also does not contain information about the amount of marijuana a patient may purchase, the proper “dosage,” or the frequency with which it is to be used. Medical marijuana is not dispensed by a pharmacist, either. Instead, it purchased as a dispensary, small stores that require the doctor’s note to get in. The stores also notably sell marijuana-themed merchandise and novelties like pot ice cream.

Under the Obama administration, the DEA has stopped raiding dispensaries, Fort Lauderdale criminal attorney Moore says. Because medical marijuana is legal under California law but not federal law, the DEA under the previous administration raided several of the outfits. Now, however, the DEA is focusing on other matters – likely including the uptick in drug violence from Mexico and the spillover onto American soil.

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Broward criminal lawyer William Moore knows that drug problems are a problem in Florida. Every day, people in Coconut Creek, Fort Lauderdale, and throughout the south Florida metropolitan area are arrested for possession, trafficking, and selling controlled substances. Fort Lauderdale criminal attorney Moore notes that these substances include prescription drugs like Xanax and pain medications as well as more traditional illegal drugs like marijuana, powder and crack cocaine, methamphetamine, and heroin. Police investigate the crimes and the local State Attorney’s Office prosecutes the crime.

Although certain types of controlled substance offenses (drug crimes) are most effectively handled by the criminal justice system, others are not. Broward criminal attorney Moore believes that trafficking in very large quantities of drugs, particularly when the shipments cross borders internationally, is best handled by the federal or state criminal court systems. However, most people arrested for drug crimes are small-time dealers or, even more frequently, simple drug users. The Florida criminal justice system spends tremendous amounts of money every year investigating, prosecuting, and imprisoning drug offenders.

Some counties in Florida currently use drug courts. Drug courts operate on the theory that drug rehabilitation is the ultimate goal: if a drug abuser can kick the habit, so to say, he is far less likely to re-offend and burden the courts and correctional facilities in the future. Recent studies show that drug treatment is more effective at preventing recidivism and also less costly for the state. Another important argument to consider is the issue of punishment: as a basic social matter, is it more important to treat people who suffer from drug addiction or to punish them for trying the substances they later became dependent upon?

Other factors to consider include the availability of outpatient drug therapy programs. While some drug addicts may require inpatient treatment, says Fort Lauderdale criminal lawyer Moore, many are likely to be treated on an outpatient basis and in such a way that they can maintain important bonds with family, friends, and partners. The ongoing day-to-day contact can serve as an important network of support during an especially difficult time – and the support is not available to drug offenders who spend time in prison.

Drug treatment in prison is a compromise between the competing philosophies, but some studies show that the programs are less effective than traditional drug treatment. One possible reason is that the inmates are demoralized. A second issue is that drug treatment within prison takes places in an unrealistic environment: drugs, although not wholly absent from prisons, are strictly not allowed. When the inmate has served his time, he may not be able to apply what he learned in treatment to his life outside of prison, especially during the adjustment following his release. A drug addict who successfully completes outpatient treatment does so while learning to battle his old habits – which likely include making contact with his old dealer.

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Broward criminal lawyer William Moore defends a variety of drug cases, including possession and trafficking in controlled substances. Florida has tough anti-drug laws, including mandatory minimum sentencing legislation that can be devastating for people convicted of certain drug-related offenses. Possession of even relatively small amounts of some drugs, especially pain medication, can translate into lengthy terms of imprisonment under Florida law. Contact Fort Lauderdale criminal defense attorney Moore with questions or concerns, or if you have been arrested for a drug-related offense, such as possession, sale, trafficking, or possession of drug paraphernalia.

Miami-Dade police officers are currently searching for a suspect who was pulled over on the Florida Turnpike last week. According to the police report, a law enforcement officer pulled over a truck traveling on the southbound side of the highway near Caribbean Boulevard. The police were drawn to the truck because a box flew out of its bed and into the another vehicle traveling on the highway prior to the traffic stop.

Although the driver pulled over, he quickly jumped out of the truck. The police officer noticed the pungent odor of marijuana as he approached the truck. Eventually, law enforcement officials found the source: nearly 150 pounds worth of marijuana plants. Miami-Dade police estimate that the plants are worth an estimated half a million dollars, in terms of street value.

The marijuana plants were confiscated and the driver remains at large. Broward criminal lawyer William Moore reminds everyone that trafficking in marijuana plants can result in years of imprisonment in the state of Florida under the mandatory minimum sentencing scheme currently in place.

On April 20, some residents in south Florida and around the nation will celebrate the unofficial holiday centered around marijuana usage, acceptance, and legalization. Advocates gathered to discuss advances in the growing movement to make medical marijuana legal and to decriminalize personal use of the drug.

The term “420” and the corresponding date of April 20 apparently date back to a high-profile group of California marijuana users in the 1970s. Every day, the group of teenagers smoked marijuana at 4:20 p.m. Groups on college campuses often stage parties to highlight the date. Other groups frequently do so as well, although often more privately. These parties have received national news coverage and been the subject of a significant amount of commentary in the news media – both positive and negative.

Below, find a video that was not made and is certainly not endorsed by Fort Lauderdale criminal attorney William Moore, detailing the High Times (a publication for proponents of the drug) party in New York City:

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Drug addiction is a powerful force that causes people to commit a variety of crimes – and not just drug crimes. According to Broward criminal lawyer William Moore, many criminal acts are the result of dependence upon alcohol or drugs. In addition to drug possession or selling drugs and tracking charges, other crimes like prostitution, burglary, and robbery frequently have their roots in dependence. Some drugs are more addictive than others. For example, heroin and cocaine are considered to be substantially more addictive and require significantly less exposure to form an addiction than alcohol, although the powerful negative effects of alcohol abuse can be just as dire.

When a person is addicted to a substance, the need to acquire and use that substance begins to take precedence over everything else in their lives. A woman from a middle class background might drop out of school and eventually find herself engaging in street prostitution in order to support her cocaine habit. A man might take to mugging people on the street for cash or even pawning his mother’s assets in order to buy more pain pills. An experienced criminal defense attorney handles a variety of cases, including drug crimes and violent crimes, including many criminal defendants with underlying substance abuse problems.

Many drug users become desensitized to a substance after a period of time. This means that it takes more and more of the drug, or more frequent doses of the drug, in order to satisfy their cravings. Getting high twice a week might have been sufficient in the beginning, but after a period it could become every day, then multiple times per day. This degree of drug dependency seriously hampers an addict’s ability to hold down a regular job, thus fueling criminal behavior.

Some United States jurisdiction and many foreign jurisdictions have some form of drug court or program for drug rehabilitation rather than traditional penal sentencing. The rationale behind these programs is that the person himself is not bad so much as the addiction is causing himself to engage in unacceptable behaviors and that, furthermore, he is far less likely to re-offend if the root of the problem is treated. Since all American jurisdictions struggle with the issue of recidivism, Broward criminal defense attorney Moore believes that Florida should, whenever possible, send offending addicts to effective treatment in lieu of time in prison or jail. Addiction has both mental and physical components and treatment programs are typically designed to target both of these issues. One great innovation in the field of drug treatment is the use of anti-addictive medications, such as methadone for opiates, like heroin. The downside is that the street availability of these drugs has resulted in some people forming addictions to the medications that were designed to wean users off of illegal drugs in the first place.

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Broward criminal lawyer William Moore has experience in a broad range of criminal issues as a private Fort Lauderdale criminal defense attorney and as a former prosecutor and public defender. Lawyers and policymakers fall all over the map when evaluating the appropriate punishment for any crime. For some, significant mandatory jail time for first-time DUI offenders makes perfect sense due to the inherent danger in drinking and driving, while others think that it should be treated more like a traffic offense as long as no one was hurt. Likewise, Broward County residents do not all agree with the current criminal nature of so-called “victimless crimes.”

Victimless crimes are those in which the people involved completely consent to the criminalized activity and, in their view, do not harm others when they engage in it. Prostitution is a good example. A high-dollar Miami call girl may believe that her lifestyle as a sex worker is completely legitimate. After all, she agrees to perform the services and negotiates the prices. The work may allow her to live a lifestyle she would otherwise be unable to afford or she may simply like the independence offered by setting her own hours. Some women’s rights activists believe sex work should be decriminalized because it empowers women to make choices about their own bodies. The industry could be regulated and the sex workers tested frequently to prevent the spread of disease. On the other end of the spectrum, equally ardent supporters of women’s rights argue that the woman herself is the victim when she sells sexual services on the streets of Fort Lauderdale. That image is easier to envision when women who are addicted to drugs perform sex acts for minimal compensation, without protection from pregnancy or STDs, and at the behest of an abusive pimp.

The criminalization of drug use, especially “soft” drugs like marijuana, is another contentious issue. Supporters of continued criminalization cite marijuana as a “gateway drug” that leads users down a path to abusing harder drugs, like heroin. They do not want more drivers on the roads sunder the influence of any drug, and point to negative effects like aggravating mental illnesses and the loss of ambition or drive that some heavy users may experience. Advocates of decriminalization tout the benefits of marijuana from a medicinal standpoint, especially for terminally ill patients, those who suffer from chronic pain, and people with glaucoma.

Although California has notably made marijuana legal for medicinal use, the usage of marijuana remains a federal crime throughout the entire United States. Prostitution is legal in parts of Nevada, where government-regulated brothels dot the desert landscape in some areas. For now, both prostitution and soft drug use will almost certainly remain criminal in south Florida.

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Titusville police arrested four people last Friday after a six-month long investigation into the sale of drugs and counterfeit goods. The four people worked at a small daycare center for children at 3620 Heider Road in Titusville, where they stored the drugs. Police say the center is licensed.

Fifteen grams of the painkiller Lortab, two handguns, and ammunition were taken from the daycare center. Police also found and seized counterfeit goods including fake Nike shoes and Prada and Coach purses from Fresh Fashions at 600 South Street. Their total value equals tens of thousands of dollars.

Antonio R. Curry, 22, of Mims, faces charges of trafficking Ecstasy and cocaine. Andreal Y. Curry, 27, of Titusville, faces charges of trafficking in Esctasy, trafficking in cocaine, possession of cocaine, sale of Ecstasy, and possession of Ecstasy. Rashuan D. Fluellen, 27, of Titusville, faces charges of selling counterfeit goods and violating probation. Juanita Isiah, 37, of Titusville, faces a charge of trafficking in a controlled substance.

Undercover police purchased illegal goods, half a kilogram of cocaine, and 50 grams of Ecstasy during the investigation.

Police find drugs at Titusville day care, FloridaToday.com, August 16, 2008

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