February, 2011

Clermont, FL Criminal Lawyer :: Five Children Removed from Drug House in Clermont

A man and woman allegedly connected to a Clermont home where five small children resided and had access to illegal drugs were charged by Lake County narcotics detectives and Clermont police.

The 42-year-old man and 23-year-old woman were both charged with five counts of aggravated child abuse and cocaine and marijuana possession Friday morning after police executed a warrant at their Clermont home.

According to detectives, multiple bags of cocaine pre-packaged for sale were found in the master bedroom where the small children ranging in age from two to nine years old could easily reach them.

A Sherriff’s Office spokesman said that the drug bust recovered $2,200 worth of cocaine and marijuana and other drug paraphernalia.

The same Sherriff’s Office spokesman said that deputies turned the children over to their grandmother who lived nearby and notified the Department of Children and Families.

Although often considered to be one of the more minor drug crimes in Florida, drug possession can still result in a felony charge, with a minimum sentence of one year in state prison. In fact, a person can be accused not only of drug possession but of possession of known substances for the purpose of manufacturing drugs.

The most common key focus of any drug case is search and seizure law. Under Florida law, police must follow proper protocol during their investigation of any drug case. It is essential to have a veteran team of lawyers to interpret search warrants as well as search and seizure rules to guarantee your rights are protected. A breach of these rights can give you grounds to file a motion to suppress any evidence the police obtained. Occasionally small pieces of original evidence can lead to a search of your person or property.

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July, 2009

Lake County Criminal Attorney update :: Lake County Sheriffs are using federal immigration detainers to make arrests on otherwise innocent civilians

The Orlando Sentinel is reporting that the Lake County Sheriff's Office has been using federal immigration detainers to arrest and jail suspected illegal immigrants. Lake County is not the only jurisdiction making use of this practice but, according to the report, the Lake County Sheriff's Office is one of the more active agencies making these sorts of arrests--during the last two years they have made more than 200 arrests of individuals who have no other criminal charges.

This practice can open the Sherriff’s office to civil liability including lawsuits for constitutional violations, false arrests and false imprisonment. And as a result of these arrests, the ACLU has sent out a statewide missive urging the law enforcement agencies "to end the unlawful practice of jailing people based upon 'immigration detainers' issued by U.S. Immigrations and Customs Enforcement."

ACLU officials say I.C.E. has authority to request detention of immigrants already in custody for controlled substance violations. However it seems that the more recent practice of rounding up otherwise law-abiding illegal immigrants in detainer sweeps is excessive and unnecessary.

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