Recently in Felony Possession Category

December 8, 2009

Grow House Residents Contact Police to Report Stolen Pot Plants

Police responded to the scene of a reported home invasion. Residents contacted the officers and claimed that three to five pounds of pot had been stolen from a home located at 11480 Manassas Avenue in Hernando County. Police uncovered an additional 59 pot plants, irrigation equipment, ventilation equipment and additional contraband used for cultivating marijuana.

Five people were arrested in connection with the marijuana grow house. Three out of the five suspects admitted to knowing about the marijuana. At least one individual claimed she did not know the origin of the plants. The defendants, 40-year old Wilson Rodriguez, 25-year old Edilberto Serrano, 35-year old Javier Verde, 34-year old Jarol Herrera and 25-year old Batista Yunet, have all been charged with felony marijuana cultivation. The defendants have not posted the $5,000 bail and are currently awaiting trial inside the Hernando County Jail.

 

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December 3, 2009

Attorney Musca Discusses Felony Drug Arrests of Cape Coral Suspects

Two Cape Coral suspects, 20-year old Nicholas Stone and 19-year old Jami Wheeler, have been taken into custody on felony drug charges. Stone faces four counts of selling cocaine, including selling cocaine within 1000 feet of a church and another for selling within 1000 feet of a school. Both suspects face felony charges of trafficking cocaine, possession of Roxicodone and possession of Xanax.

The arrests came after a month long undercover sting operation. Stone allegedly sold drugs to undercover officers on four occasions. The authorities later obtained a search warrant for the pair's residence and found thirty pills and 36 grams of cocaine. The Cape Coral Police also recovered a digital scale and baggies used to measure and separate the drugs for distribution. Both suspects were taken into custody at the Lee County Jail.

 

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September 21, 2009

Another Stuart Suspect Arrested in Crime Against the Elderly

old-people-crossing.jpgA second individual has been charged in a fraud crime against an elderly man. The defendant and Stuart resident, 27-year old Apryle Marie Shepard, allegedly worked as an accomplice with her boyfriend to steal money from an 89-year old gentleman. In July, Shepard claimed she needed money to bond her boyfriend out of jail and then to have her car towed. The 89-year old victim, who also suffers from memory loss, handed over to the suspect $560.

Officers also arrested Shepard's boyfriend on similar charges. He told the authorities of Shepard's involvement and now she faces criminal charges. She is charged with two counts of larceny over $300 and fraud crimes against a senior citizen.

In addition to these theft charges, Shepard faces unrelated drug crimes. She is accused of four counts of manufacturing opium, four counts of possession of narcotics equipment and felony grand theft. Shepard has not yet posted $62,000 bond and is currently awaiting trial inside the St. Lucie County Jail.

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September 6, 2009

Clermont Jail Employee Arrested for Possession of Crack Cocaine with Intent to Distribute

jail cell.jpgA Lake Correctional Institution employee has been arrested for allegedly sneaking contraband to imprisoned inmates. An inmate caught with an illegal cell phone tattled that the defendant, 39 year old Julia Bedenbaugh regularly supplied prisoners with drugs and cell phones. Bedenbaugh is accused of having the contraband delivered to her personal post office box.

Clermont officials worked with the U.S. Postal Service to obtain surveillance video of the defendant obtaining her mail. She retrieved two packages from the post office box. The authorities obtained a search warrant and found one box contained a cell phone and the other possessed two plastic cigars containing crack cocaine.

Officers arrested Bedenbaugh and charged her with possession of crack cocaine with the intent to distribute. The defendant posted $20,000 bond and is currently awaiting trial out of jail. The Department of Corrections has terminated Bedenbaugh for her alleged actions.

 

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August 30, 2009

Three Ft. Myers Men Arrested on Weapons and Drug Charges

Guns.jpgFt. Myers Police arrest three men in connection with drug and weapons charges. The police obtained warrants to search the apartment homes of the defendants, 23-year old Byron Harris, 19-year old Michael Donaldson and 18-year old Marquis Reid. The men attempted to flee the scene upon the arrival of the deputies and were apprehended.

The search recovered cocaine, marijuana and five guns. Three of the five guns were loaded. The men now face charges of felony drug possession, possession of a firearm by a convicted felon, failing to have an active permit for carrying a concealed weapon, resisting arrest without violence and possession of drug paraphernalia.

Offenders lose many of their civil liberties after being convicted of a serious crime. Florida is one of the few remaining states that do not allow formerly convicted felons to vote or carry firearms. These rights originally granted to all Americans by the U.S. Constitution are revoked in Florida after a conviction. Governor Charlie Crist has made an effort to restore some of the civil rights back to the offenders who have served their sentence and paid their debt to society. He feels it is democratically appropriate to allow former criminals a second chance to move forward with their lives.

 

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August 19, 2009

Kissimmee Man Chewed Mints and Mistakenly Arrested for Possession of Crack Cocaine

cocaine-crack.jpgKissimmee Police Department arrested a man allegedly in possession of crack cocaine. Officers initiated a traffic stop for an expired tag violation. The deputy witnessed the defendant, Donald May, chewing on an unknown white substance. May explained to the officer that he simply had mints in his mouth.

The Officer refused to believe the statements of the suspect and arrested him on possession of cocaine and tampering with evidence. The Court denied May bond for three months. He lost his apartment, his job and car.

The Florida Department of Law Enforcement and the State Attorney sent May a letter in jail excusing him from the charges. The substance in his mouth failed to show any signs of drugs in lab tests. The officer on the scene falsified reports and his statements to secure an arrest of the suspect. May is now suing the City of Kissimmee for false arrest and false imprisonment. An agreement has not yet been reached in this civil suit.

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August 13, 2009

Florida Drug Crimes: Tougher Laws and Penalties for Pot Growers

newpotma_1.jpgAs the State of Florida has made clear, drug policies, both in the State of Florida and across the nation have virtually been an absolute failure.  Millions of dollars have been exhausted through law enforcement, prosecutions and judicial excess.

State law now brings formidable penalties for marijuana growers.  The Marijuana Grow House Eradication Act permits prosecutors and law enforcement agents the essential tools to battle those that grow marijuana for profit. With the current law in place any building owned with the intent of cultivating the distribution of marijuana is a third degree felony.  If 25 or more plants are grown it is a second degree felony, a first degree felony when children are present.  Thus, making the penalties for pot growers almost as tough as those charged with the possession of cocaine;  it is a third degree felony for the possession of 28 grams of cocaine, a second degree felony for the sale of cocaine and a first degree felony for cocaine trafficking of 150 kilo grams or more.

Legislator's and law enforcement officials, claim that marijuana grow houses simulate unrelenting liabilities to the community, endanger children and promote environmental hazards, through violence and gun activity. Not including a surge in violent crimes such as burglaries and home invasions.

However the National Drug Intelligence Center, Florida Drug Threat Assessment stated that although marijuana is widely available and frequently used "the level of violence directly attributed to marijuana distribution in Florida is low."  Violence associated with marijuana is mainly used as a deterrent in regards to gaining access to areas of cultivation. 

In central Florida wholesale distribution, midlevel distribution and retail distribution of marijuana alone rated in the Asian/Vietnamese communities only.  Wholesale distribution, midlevel distribution and retail distribution along with other drugs to include cocaine, heroin and methamphetamine were high in all other communities.  The question posed is marijuana a danger as a singular or a danger combined with other more costly drugs.

According to a 2007 analysis done by the Florida Medical Examiners Commission, the rate of deaths by prescription drugs were three times the rate of deaths that were caused by all illicit drugs combined.  989 deaths were caused by cocaine heroin and methamphetamines, prescription drugs Valium and Xanax alone were responsible for 743 deaths, 843 for cocaine and none for marijuana.

Cocaine, crack cocaine, heroin, methamphetamines are a direct threat throughout Florida with cocaine being readily available through various criminal groups.  Miami has more emergency department instances affiliated with cocaine abuse than any other illicit drug.  Violent crimes are customarily associated with cocaine, specifically in low income inner city communities.  Dealers in an attempt to protect their domain often commit violent crimes from assault to homicide.  They form criminal gangs that deal cocaine while often engaging in drive by shootings and home invasions.

We are all too aware that we should not tolerate drugs however we should care about the substantial public finances and judicial resources that simply do not work.   Not to mention that Florida already has the third largest prison population in the Nation primarily due to mandatory minimum drug sentencing laws.  There are pro's and con's to mandatory sentencing.  Mandatory sentencing is a way to deter drug related crimes by extending the time that the person convicted is incarcerated.  Opposition to mandatory sentencing would be that the judicial process is under restraint not allowing for latitude when prosecuting and sentencing those individuals.  Furthering, does a longer sentence benefit the war on drugs financially where it could be spent on added programs devised to fight drug abuse. 

If you have been arrested and charged with a drug offense in Florida, it is acutely important that you contact a qualified criminal defense attorney.  John Musca can vigorously secure all possible defenses that are available.

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August 4, 2009

Seventh Person Arrested in Connection to Drug Charges Against Panama City Surgeon

doctor.gifA seventh individual has been charged in connection to the Dr. Michael Reed criminal case. Dr. Reed, a prominent Panama City surgeon has been accused of conspiracy to possess and distribute cocaine. Six other men have also been charged in connection to the crime. Most recently a seventh individual, 35-year old Amy Cooper has been charged with using a telephone to facilitate a drug trafficking offense. Cooper also happens to be Dr. Reed's girlfriend.

A criminal investigation took place between 2006 and May 27 of this year. The last day of the investigation is coincidentally the same day Cooper allegedly made the telephone call in question. Reports state that Reed and Cooper booked a cruise to Belize to meet co-conspirators and obtain large quantities of cocaine. Allegedly Reed had $30,000 worth of cocaine delivered to him in February. In May, Dr. Reed was awaiting a second delivery of cocaine at his home when authorities took him into custody.

Rumors have circulated that Cooper has become an informant for federal agents in an effort to convict Reed. This is a rumor that her attorney vigorously denies. Her attorney also states that Cooper has not yet accepted any sort of government plea deal. The trial has been set for October.

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April 23, 2009

Woman Caught with Two Hydrocodone Pills; Felony Charge Dismissed!

pills[1].jpgLee County, FL.  A complaint dispatched to local authorities reported a blue Dodge Ram with Florida tags driving erratically. The eye witness claimed the truck hit a curb and was weaving. The police dispatched to the call followed the vehicle for several blocks before pulling the driver over suspecting alcohol intoxication. The officers made contact with the female driver and claimed they smelled a strong odor of alcohol on her breath. They asked her to perform standard field sobriety testing.

The officers concluded from the tests that the woman was too impaired to operate a vehicle and placed her under arrest. Search of the vehicle revealed two bottles of Hydrocodone pills. The driver was placed under arrest and charged with Driving Under the Influence, under Fla. Statute 316.193(1) and Possession of a Controlled Substance without a perscription, under Fla. Statute 893.13.

Defense attorneys at Musca Law are committed to providing the best legal defense possible. We strive to resolve our client's case as expeditiously as possible. Our highly skilled criminal defense attorneys successfully negotiated with the State Attorney and pursuant to a plea, the Controlled Substance charge was dismissed and the Defendant did not receive a Felony Conviction.  


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