Drug Possession for Sale

Published on: November 20, 2013

Lee County Criminal Defense Lawyer :: Two Men Arrested for Selling Synthetic Marijuana at Convenience Stores in Fort Myers

by Whittel & Melton, LLC

Two Fort Myers men were arrested at the end of last month and charged with selling synthetic marijuana at two convenience stores.

One of the men, 18, was charged with four counts of sale and possession of a synthetic narcotic after Fort Myers police claim he sold the illegal substance, commonly referred to as “spice,” to an undercover agent at a Sunoco convenience store.

The other man, 47, faces one count of sale and possession of a synthetic narcotic for allegedly selling to an undercover agent at the Super Stop Food Store. Police believe the man is in the country on an expired work visa. According to reports, a hold has been placed pending a federal hearing.

Police said they are looking for another suspect from another store that has yet to be arrested.

The arrest of these men follows an undercover sting that took place in early October that resulted in the seizure of more than $1 million in synthetic marijuana from stores across Lee County. That undercover drug bust led to the arrest of several store clerks.

The state of Florida has made the sale and use of synthetic marijuana products illegal for several reasons. While the ingredients found in synthetic marijuana, also known as K2 or Spice, are not made from actual cannabis leaves, these substances are used to produce the same effects as using marijuana. It can cause many of the same symptoms, but if used for a prolonged period of time, this drug can also cause acute psychosis. Other dangers associated with using this drug include an intensified likelihood of developing a chronic psychotic disorder.

Published on: October 7, 2013

Florida Criminal Defense Lawyer :: 11 Arrested for Manufacturing Synthetic Cannabis

by Whittel & Melton, LLC

In a joint effort with the state’s Division of Alcoholic Beverages and Tobacco, the Flagler County Sheriff’s Office shut down synthetic marijuana labs in St. Johns and Flagler counties last month.

The drug is commonly referred to on the street as “Spice.”

A total of 11 people were arrested on charges of sale of a controlled substance. Of the 11 arrested, 5 were charged with breaking the state’s racketeering laws. According to the Sheriff’s Office, seven of those charged were from St. Augustine, one was from Jacksonville, another was from Bunnell and one lived in Dothan, Alabama.

The seven-month investigation dubbed “Operation Bad Dreamer” ended when about 80 law enforcement officers busted 11 locations across St. Johns and Flagler Counties, allegedly seizing $70,000 and about 370 pounds of “product.”

The term drug manufacturing refers to creating drugs using alternative means other than growing. In most cases, drug manufacturing charges involve methamphetamine, LSD and most recently, synthetic marijuana, often referred to as Spice and K2. Drug cultivation is similar to drug manufacturing charges, but refers to growing, planting or harvesting drugs.

As this case shows, drug manufacturing cases often involve large-scale operations, many defendants and can cross county and even state lines. When facing charges stemming from manufacturing synthetic cannabis, Ketamine, PCP, heroin, GBL, derivatives of GHB or bath salts, you should take these seriously as a conviction could affect all aspects of your life making it difficult to apply to college, obtain a job or sustain a professional license in the future. As the laws regarding these newer synthetic and designer drugs become more defined, you can be sure that the prosecution will keep seeking harsher sentences.

Published on: September 18, 2013

Hendry County Criminal Defense Lawyer :: LaBelle Man Held with No Bond After 17 Pounds of Marijuana Found

by Whittel & Melton, LLC

A 24-year-old LaBelle man was arrested and held without bond last month after members of the Hendry County Narcotics Unit conducted a controlled delivery of a package suspected of containing marijuana at the man’s North LaBelle home.

Posing as a parcel serviceman, an undercover narcotics investigator delivered the package to the man’s home, which he apparently rents.

Narcotics Investigators claim that after a short period of time they witnessed the man driving a white Jeep and pull into the driveway of the home.

The man allegedly picked up the package and carried it inside the home. About 15 minutes later a guest apparently arrived at the home and the man stepped outside to speak with the person. Investigators then arrested the man inside the home.

Once inside the home, investigators searched the premises and allegedly found approximately 17 pounds of marijuana, with a street value of $17,000.00, inside a red duffle bag.

The man was taken into custody and charged with Possession of Marijuana with Intent to Sell and Possession of Marijuana over 20 Grams. He is currently being held in the Hendry County Jail without bond.

While some states have legalized the simple possession of marijuana, this remains a criminal offense in Florida. Any person accused of possession with the intent to sell or distribute will face felony charges in Florida that can include penalties as high 30 years in prison. Possession with intent to sell is a much more serious offense than just a simple possession charge as it involves a larger quantity of drugs.

When investigators believe that a person is in possession of drugs with the intent to sell or distribute, they do not have to actually prove that any drugs were sold. In fact, all they have to demonstrate is that the person intended to sell the drugs in his or her possession. There are certain factors that investigators will look at when determining whether or not to charge someone with possession with intent to sell, including:

• The amount of drugs in the person’s possession
• The amount of cash a person has on them
• How the drugs are packed (Generally, law enforcement presumes a person intends to sell drugs if the drugs are individually packaged.)

Published on: September 12, 2013

Florida Criminal Defense Attorney :: Two Florida Residents Accused of Hiding Crack Pipes in Their Bodies

by Whittel & Melton, LLC

Two Floridians were caught hiding crack pipes in their bodies last month after police arrested a man and woman in two separate incidents, according to authorities with the St. Lucie County Sheriff’s Office and the Indian River County Sheriff’s Office.

On Aug. 16, a 46-year-old man was arrested after he allegedly swallowed a crack pipe. Fort Pierce police claim jail X-rays confirm the allegations. The man had previously been arrested for possession of crack cocaine on Aug. 1.

Authorities claim that when they confronted the man, he attempted to throw something under a car and then tried hiding something underneath his hat. Police confiscated what was in his hat, which according to the arrest report, tested positive for crack cocaine.

The man was arrested and taken to the St. Lucie County jail. He apparently told authorities he was not hiding any illicit drugs on his person.

However, the police report states that an X-ray showed a crack pipe lodged in the man’s stomach horizontally. The man was taken to the hospital to have the pipe removed.

It is unknown at this time whether or not the man has enlisted the help of an attorney. It should be noted that prosecutors in St. Lucie County take drug charges quite seriously. It is a crime to be in possession of any illegal controlled substances such as cocaine, marijuana, LSD, heroin and methamphetamine. Drug possession laws vary based upon the type of drug and the amount found on the person. Being found in possession of small amounts of a drug may result in “simple” possession charges, whereas being found in possession of large quantities can lead to charges related to drugs sales and distribution.

If you or someone you care for has been arrested on drug charges in Fort Pierce, Port St. Lucie, the Village of St. Lucie or the surrounding area, a St. Lucie County Criminal Defense Attorney at Whittel & Melton can possibly help you avoid a conviction. For a free consultation, contact us today online or call 561-367-8777 to discuss your charges.

In a separate incident on Aug. 14, jail officials conducting a strip search of a Vero Beach woman apparently found a cocaine pipe hidden in the woman’s vagina, according to the Indian River County Sheriff’s Office.

The 30-year-old was arrested after officers responded to a trespassing complaint at a local Walgreens.

She allegedly told officers she did not have any drugs on her person, but authorities
claim the strip search showed otherwise.

It is not immediately clear if the woman has an attorney. However, it is important to note that Florida drug possession laws also prohibit possessing drug paraphernalia such as crack pipes, syringes and even bongs. This crime can be charged on its own, but usually accompanies other drug possession or drug sale charges. Drug paraphernalia is classified as anything that can be used to help inject, ingest or inhale an illegal drug into the body. In Florida, possession of drug paraphernalia is a first-degree misdemeanor. Even though this crime is not a felony offense, it still carries very serious ramifications, including up to one year in jail and a fine up to $1,000. Additionally, the stigma attached to a conviction of this nature can follow you around for the rest of your life making it difficult to find suitable employment and housing.

If you have been charged with a drug crime in Vero Beach, Sebastian, Fellsmere, Indian River Shores or the surrounding areas, an Indian River County Criminal Defense Lawyer at Whittel & Melton can help. Contact us today online or call 561-367-8777 to schedule a meeting for a free case evaluation.

Published on: September 3, 2013

Highlands County Criminal Defense Lawyer :: Lake Placid Man Accused of Selling Drugs for a Mexican Cartel

by Whittel & Melton, LLC

According to an affidavit released by the U.S. Attorney’s Office last month, an illegal immigrant who returned to Highlands County after being deported has now been charged with conspiracy to possess with intent to distribute 500 grams or more of a substance containing methamphetamine.

The Lake Placid man has been accused of helping a man and a woman sell thousands of pounds of methamphetamine that came from Mexican cartel drug dealers based in Atlanta.

The other man and woman allegedly involved also face charges of conspiracy to possess with intent to distribute 500 grams or more of a substance containing methamphetamine.

The trio was arrested after members of a federal drug task force apparently received information from the Hardee County Sheriff’s Office that the Lake Placid man was involved in trafficking methamphetamine.

Agents visited the man’s Lake Placid home where the man apparently admitted he had previously been deported from the United States.

The man allegedly told agents that he was deported in 2010, but paid $2,000 to be smuggled back into the U.S. According to the arrest affidavit, the man started selling methamphetamine in 2002, but stopped after eight months.

The man allegedly told agents he recently started selling methamphetamine again and bought three ounces of methamphetamine from the other man arrested. He then sold the methamphetamine for $1,200, the affidavit said.

Agents had the Lake Placid man order 5 pounds of methamphetamine for $50,000 from the other man while they were present.

Once the man showed up to meet the Lake Placid man, both were arrested.
Police searched the man’s home and apparently found more methamphetamine.

According to the affidavit, the man said Mexican cartel members in Atlanta paid him $2,500 per week to traffic drugs.

The two men allegedly worked together to traffic the methamphetamine that was delivered. During the past two months, the two men claimed they received more than 11 kilos of methamphetamine from Atlanta.

Being convicted of drug possession with the intent to sell or distribute in Highlands County can result in serious penalties, including heavy fines, prison time and even the suspension or revocation of your driver’s license. The punishments that accompany a possession for sale charge are normally much tougher than a simple drug possession offense. Law enforcement officers will usually look for large quantities of the drug in question to increase the charges against the offender.

Published on: August 2, 2013

Seminole County Criminal Defense Lawyer :: 11 Arrested in Altamonte Springs Drug Crackdown

by Whittel & Melton, LLC

The Altamonte Springs Police Department netted 11 arrests after conducting a three week undercover drug bust at the Remington Inn and Suites.

Detectives claim that multiple, large scale drug purchases were made from various suspects at hotel’s location over the course of the sting operation.

Police arrested 11 different people between Friday and Tuesday, and they expect additional arrests to be made within the next few days.

A 33-year-old man was charged with trafficking opiates, the sale of marijuana, possession of a weapon by a convicted felon, possession of cocaine with intent to sell, possession of marijuana with intent to sell, possession of paraphernalia, possession of a controlled substance without a prescription and violation of probation.

Another man, 28, was charged with the sale of cocaine, possession of a controlled substance without a prescription, possession of cocaine, possession of marijuana, possession of paraphernalia and possession of a weapon by a convicted felon.

A 29-year-old man was charged with the sale of marijuana, possession of marijuana with intent to sell, possession of marijuana under 20 grams and possession of paraphernalia.

A woman, 27, was charged with the sale of marijuana, possession of marijuana and possession of paraphernalia.

A 44-year-old man was charged with possession of cocaine and possession of paraphernalia.

A 52-year-old woman was charged with possession of cocaine and possession of paraphernalia.

A man, 49, was charged with the sale of marijuana and possession of paraphernalia.

A 25-year-old man was charged with the sale of marijuana.

A man, 39, was charged with the sale of crack cocaine.

An 18-year-old was charged with the sale of marijuana.

A 21-year-old male was charged with the sale of barbiturate or Xanax.

If you believe you are under investigation for a drug crime, or if you have already been formally charged, it is vital to the success of your case to seek representation from a criminal defense lawyer right away. A criminal defense attorney can be a huge help during the investigation phase of your criminal matter, so it is best to protect your rights and act fast. By hiring an attorney early on in your arrest, you may be able to have the charges against you reduced or dismissed entirely. A Seminole County Criminal Defense Attorney at Whittel & Melton can provide you with an aggressive defense for the following drug offenses:

• Cultivation
• Distribution
• Importation
• Juvenile Drug Crimes
• Manufacturing
• Possession
• Possession for Sale
• Sale or Distribution
• Trafficking
• Transportation

Published on: July 29, 2013

Martin County Criminal Defense Attorney :: Two Stuart Men Arrested for Operating a Suspected Drug Operation Out of Their Home

by Whittel & Melton, LLC

Deputies with the Martin County Sheriff’s Office arrested two men suspected of running a drug operation out of their home in Stuart last week.

The two men, 40 and 49, are currently being held at the Martin County Jail.

The Martin County Sheriff’s SWAT Team, TAC Team and Special Investigations Division served a warrant on the Stuart home on SE Amherst Street in the Golden Gate neighborhood on July 21. According to reports, authorities apparently discovered drugs, guns and thousands of dollars in cash.

One man was charged with two counts of possession of a controlled substance with intent to sell, manufacture, deliver or use and one count of possession of cocaine with intent to sell within 100 feet of a park or daycare.

The other man was charged with possession of a firearm by a convicted felon, possession of a controlled substance and possession of drug paraphernalia.

Drug charges can range from relatively minor offenses all the way to very serious federal offenses. While drug crimes can vary in severity, they all have one thing in common – these charges can negatively impact your life forever. As former prosecutors, our Martin County Criminal Defense Lawyers at Whittel & Melton have witnessed firsthand just how a drug crime conviction can damage a person’s life. A conviction for a drug crime can result in imprisonment, heavy fines, suspension of your driver’s license, difficulties finding employment, probation, mandatory rehabilitation and ruined financial opportunities in the future all because of a mark on your criminal record.

Whether you are facing drug charges related to marijuana, cocaine, prescription drugs or meth, these charges can have a devastating impact on your freedom, future and career. If you or someone you love has been charged with a drug crime in Stuart, Palm City or Jensen Beach, it is extremely important to consult with a Martin County Criminal Defense Attorney at Whittel & Melton in order to avoid any impending damage to your future.

We can carefully examine your case and review any evidence against you to find useful information that can be used to pressure the prosecution into reducing the charges against you or dismissing them entirely. If law enforcement failed to follow proper protocol, this can also be used as leverage during negotiations and at trial.

Published on: July 10, 2012

Two Homosassa Men Charged with Intent to Manufacture Meth :: Whittel & Melton

by Whittel & Melton, LLC

Two Citrus County men were arrested Tuesday after Citrus County Sheriff’s deputies claim they purchased items consistent with the manufacture of methamphetamine.

Deputies arrested the men after allegedly witnessing them purchase lye, Ephedrine, fertilizer and camping fuel, which are the components known to be used in what is called one-pot meth manufacturing.

The men were stopped by a deputy on patrol after allegedly running a red light.

A K-9 deputy was called to sniff the vehicle. Police apparently uncovered camping fuel, lye, fertilizer and a pill bottle with baggies inside that tested positive for cocaine residue.

Both men were allegedly read their rights, but agreed to speak to law enforcement.

According to police, both men apparently admitted that they had not manufactured any methamphetamine, but intended to. Police claim one of the men told them he had recently lost his job and could not pay his electric bill, so the meth cook was a last-ditch effort to make some money.

After searching one of the men’s home, law enforcement officers allegedly uncovered chemicals and other paraphernalia including two syringes, a spoon and devices used to smoke spice, several marijuana seeds and trace amounts of marijuana.

Both men were arrested and transported to the Citrus County jail.

One of the men was charged with intent to manufacture meth, petit theft, possession of less than 20 grams of marijuana and possession of drug paraphernalia and listed chemicals intended to manufacture a controlled substance.

The other man was charged with intent to manufacture meth and possession of drug paraphernalia and listed chemicals intended to manufacture a controlled substance.

Both of their bonds were set at $151,250.

Methamphetamine, also called meth, speed or ice has become increasingly popular due to the fact that it is relatively easy to manufacture at homes or backyard meth labs using chemicals that are readily available and perfectly legal to buy. Since the chemicals and components to manufacture this drug are affordable and easy to come by, police have increased their efforts to arrest those suspected of possessing, distributing or manufacturing meth.

Methamphetamine charges carry severe consequences. Possessing 14 or more grams of methamphetamines, or the chemicals used to make meth is classified as felony trafficking in Florida. The penalties associated with a conviction can range from a minimum mandatory sentence of 3 years in prison and a $50,000 fine to 15 years behind bars and a $250,000 fine. There are numerous other factors that could increase the consequences related to a methamphetamine case, including the proximity to school property or other locations, the presence of firearms, past criminal convictions, and whether you face state or federal charges.

Because shutting down meth manufacturing operations has been the focus of law enforcement officers throughout the state of Florida in recent years, police may try and perform illegal searches in order to prosecute these crimes. The Florida Drug Crimes Defense Lawyers at Whittel & Melton can protect your rights and make sure that law enforcement officials followed the strict state and federal laws for collecting evidence in a meth raid. Drug crimes are incredibly complex in the state of Florida, so it is absolutely vital to have a criminal defense lawyer in your corner. At Whittel & Melton, we can guide you through this difficult experience and work with prosecutors to possibly have the charges against you reduced.

Published on: February 8, 2012

Orlando, Florida State and Federal Drug Crimes Defense Lawyers Whittel & Melton :: Investigators Uncover Alleged Marijuana Drug Ring Extending through Florida, Texas and Mexico

by Whittel & Melton, LLC

Search warrants were served at homes in Orlando, Apopka, Sorrento and Kissimmee and a total of nine people were arrested Tuesday as a number of Central Florida police agencies dug further into an investigation into an alleged large-scale Mexican marijuana distribution ring labeled the “Gulf Cartel.”

The FBI, ICE’s Homeland Security Investigations and the Osceola and Seminole County Sheriff’s Offices apparently seized evidence, including cars and motorcycles from one of the properties, and forensic investigators were reportedly seen carrying shovels to apparently dig up money buried in the yard.

Federal prosecutors allege the Gulf Cartel shipped thousands of pounds of marijuana from Mexico through McAllen, Texas and then to Panama City, Florida and finally, to the six homes raided in Orange, Lake and Osceola counties.

Each monthly shipment was allegedly worth as much as $1million.

The nine individuals arrested apparently operated undercover, and investigators are looking into their immigration status.

Investigators accused the nine suspects of burying cash in the yard until it could be moved back to Texas in an 82-page report filed in Federal Court on Monday.

A source apparently told investigators that the Gulf Cartel allegedly had $2 million buried in Florida at some point while waiting for the money to be sent back to Texas.

Nine people were named and charged with possession with intent to distribute more than 1,000 kilograms of marijuana in a criminal complaint filed in Federal Court on Monday. Five of those were named in Federal Court on Tuesday afternoon.

In Florida, possession with intent relates to the criminal charge of possession of an illegal substance, such as marijuana or cannabis, with the intent to sell the drug. Penalties for this crime are severe, and each of the men charged in this particular case face a minimum of 10 years in prison. Most often the penalties for possession with the intent to distribute, sell or deliver include incarceration in state prison for as much as 30 years. Possession with the intent to sell or distribute is a felony offense, and because of this, it is vital to the success of your case to contact a Florida Drug Crimes Defense Attorney to help defend your case from the very beginning. The criminal defense lawyers at Whittel & Melton understand the consequences associated with a criminal drug charge and will implement strategic defense tactics to protect your rights.

When law enforcement believes they have discovered a person who has committed the crime of possession with intent to sell or deliver, they are not required to prove that the drugs in question were actually sold by that person. Rather, they must establish that the person merely intended to sell the drugs in their possession. The following are just some of the factors the State will look at to decide applicable charges:

• The amount of cash in an individual’s custody
• The amount of drugs in a person’s possession
• The location where the offense transpired
• How the drugs are packaged
In addition to the above factors, law enforcement officers may rely on circumstantial evidence to prove that the drugs possessed were intended to be sold or delivered. In fact, even a scarce amount of drugs found on a person may be alleged by police to be intended for future sale or distribution.

The Florida Drug Crimes Defense Attorneys at Whittel & Melton can help you understand the charges you are facing as well as your legal rights. As former prosecutors in Florida, our staff of attorneys has first-hand knowledge of how the prosecution works and how to assemble a case to defend your rights against any drug charge. Regardless of whether this is your first offense or if you have priors, we will fight for the best results possible and will not hesitate to take your case to trial.

Published on: November 11, 2011

Orlando Drug Crimes Lawyers Whittel & Melton :: Couple Arrested after Allegedly Leaving Crack in Florida Motel Freezer

by Whittel & Melton, LLC

A 17-year-old male and a 22-year-old female were arrested by Orlando area authorities on Oct. 27 for supposedly trying to check back into their motel room an hour after leaving because they allegedly left behind crack cocaine in the room’s freezer.

The Osceola County Sheriff’s Office was called to a motel near Kissimmee, Florida around lunchtime after the cleaning staff supposedly found several bags of crack cocaine in the freezer of a room the couple previously occupied.

According to deputies, the room’s former female occupant called the motel during the investigation and told the manager she wanted to pay for one more night in the same room.

Upon arrival at the motel, both the man and woman were arrested and charged with possession of cocaine with intent to sell and possession of drug paraphernalia.

The woman allegedly told deputies that the man sells crack cocaine and they both forgot it was in the freezer when they checked out of the motel.

The couple arrested in this particular case faces charges involving constructive possession, which means the drugs were not found on their person. As with all criminal drug matters, the burden of proof lies in the hands of the prosecution, and constructive possession cases can be more difficult for the State to prove than actual possession charges. Actual possession is simply when law enforcement agents uncover drugs somewhere on your physical being. In order for the State to prove constructive possession charges in Florida, prosecutors must prove that the person, or people, arrested had knowledge illegal drugs were present and had actual control over them. It is best to contact a Florida Drug Crimes Defense Attorney to intervene early on with criminal defense matters pertaining to crack cocaine so that you can stand the best chance of having your charges reduced or possibly dropped altogether.

Selling and distributing illegal drugs is usually classified as a felony in the state of Florida. Selling cocaine or possessing cocaine with intent to sell is normally a second degree felony punishable by up to 15 years in state prison. However, if a person is charged with possession of cocaine with the intent to sell within 200 feet of a university, public housing facility, public park, or within 1,000 feet of a church or other property deemed for religious use, enhanced penalties can be attached. Selling or possessing cocaine with the intent to sell near one of these facilities could amplify consequences to a first degree felony punishable by up to 30 years in state prison.

At Whittel & Melton, we understand the intricacies associated with how police attempt to prove possession of illegal drugs with the intent to sell. Often these cases rely upon the testimony of witnesses and law enforcement agents to prove the State’s case. We work to snuff out any holes in the prosecution’s case to decrease the risk of potential consequences associated with a drug crimes conviction.