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Miami Criminal Defense Law Blog

How can a domestic violence conviction follow you?

In Florida, being charged with assault does not necessarily require you to have come into physical contact with the person accusing you. Despite this, the consequences for being convicted can still be quite severe, especially in the case of domestic violence. Quesada Law Firm will take a look today at the potential long-term repercussions of a domestic violence conviction.

The short term ramifications of a domestic violence conviction are hefty. You could face 26 weeks in a batterer's prevention program, up to 5 days in jail, and up to 12 months on probation. You may also lose some rights, such as the right to bear arms or possess a firearm. You might have to do community service. You could also have a restraining order filed against you, which will show up on police searches.

What to do if you are arrested for drug trafficking

Hopefully, you will never have to experience an arrest in your life time. However, if you do find yourself in that situation, knowing how to handle it can play a significant role can help your defense case.

Although police officers are required to read you your rights, they are also trained to collect evidence to the best of their ability. While being detained, police may interrogate you.

Is jail avoidable if you face a drug charge?

Florida is a hot bed of drug use and distribution, as its location makes it easier to import a variety of illegal substances, with cocaine being a popular one. If you face a drug charge, whether it be possession, manufacturing, distribution or trafficking, you may think a conviction means automatic jail time. However, you may be able to avoid jail if your attorney is able to come up with a good defense, and even with a conviction jail is not necessarily the route you will have to take.

According to FindLaw, the prosecutor is the one who must present evidence of the illegal nature of the drug, the defendant's knowledge of its presence and that the drug was under the control of the defendant. A defendant's lawyer may be able to fight the charges by presenting evidence that the defendant did not know about the drugs or was not aware they were illegal. Other defense tactics include a medical prescription (this includes for marijuana), proving police entrapment and unlawful search and seizure.

What is gaslighting?

When you think of domestic abuse in Florida, you may imagine physical violence. This is one form that abuse may take, and unfortunately, it often does. However, domestic violence is not limited to physical forms of abuse. A family member or significant other may abuse you psychologically and/or emotionally without ever raising a hand against you. One of the most specific and frightening of these nonviolent forms of abuse is gaslighting. 

According to NBC News, the term "gaslight" comes from a movie released in 1944, based on an earlier play, in which a husband wants to have his wife committed to a mental institution so he can steal her inheritance, so he manipulates her to the point where she thinks she is losing her sense of reality. Someone who gaslights you manipulates you into questioning your own perceptions and memories, affecting your well-being by making it difficult to make sound decisions without second-guessing yourself or to focus on negotiating your daily tasks. 

Will you go to jail for drug possession in Florida?

If a Florida police officer stopped and arrested you for possession of a controlled substance, it means that he or she recognizes you did not intend to distribute, sell or manufacture the substance. Rather, it was obvious to the arresting officer you intended to use the drug for personal use. That said, does that mean you are off the hook? Not by a long shot.

According to FindLaw, Florida views possession of most controlled substances, save for medical marijuana, as felony crimes. Recently (as of January 2017), the state added salts and "Spice" to the list of banned substances. Simple possession of marijuana, which is possession of less than 20 grams of the drug, is a first-degree misdemeanor offense.

Definitions related to domestic violence offenses

If you are like many people in Florida, you have likely heard or read reports about someone being arrested for and charged with domestic violence. However, you may not really understand what this type of charge might entail. Understanding this is important as the definitions related to these types of offenses may be broader than what you would have suspected on your own.

According to the Florida Statutes, domestic violence does not have to include only spouses as some people might believe. In fact, two people who have never been married and may never even have lived together before may be involved in these types of charges if they have a child together. One of the parents might still be at risk of being accused of domestic violence in this situation. Similarly, people who are not related by blood or marriage but who have lived in the same household together as part of a family may be involved in these charges. 

Drugs found in snack boxes lead to arrest of Florida men

Two men from Zephyrhills, Florida, a father and son, are in jail after authorities in Ohio reportedly discovered four pounds of cocaine in their rented pickup during a search following a traffic stop. They allegedly found the drugs inside packaging for Lunchables brand snack foods. The 21-year-old driver and the passenger, his 41-year-old father, now face first-degree felony charges of possession and trafficking in cocaine. The charges carry potential penalties of $40,000 in fines and up to 22 years in prison for each man if convicted. 

Law enforcement officers observed the pickup making unsafe lane changes and speeding while traveling down the Ohio Turnpike. Because of the dangerous manner in which the driver was operating the vehicle, authorities pulled him over. The pickup was a rental with Florida registration.

What are the signs of domestic abuse?

While most people think it’s easy to recognize an abusive relationship, for some people this is not the case. It can be tough to recognize common signs while abuse is ongoing, especially if the person has been subjected to poor treatment for a long time. WebMD explains some of the common signs so you can recognize abuse and seek help as soon as possible.

Isolation

Drug trafficking charges lead to 60-day sentence for Florida man

Fairly or not, rock concerts have a reputation as a hotbed of illegal drug activity, and this reputation may cause law enforcement to crack down excessively hard on suspected drug use at these events. Authorities in Licking County, Ohio, arrested four people on drug charges at a Gathering of the Juggalo concert in July of last year, one of whom was a Florida man charged with two counts of aggravated drug trafficking. In November, the man pleaded guilty to the fourth-degree felony charges, and a judge recently sentenced him to jail time and community control, also known as probation. 

The man apologized before the court when given the opportunity, calling himself a fool for engaging in stupid actions in the name of fun. A pre-sentencing investigation discovered a number of substances in the man's system, including ketamine, cocaine and hashish. The defense attorney claimed that the man uses medical marijuana as a treatment for post-traumatic stress disorder, producing a number of documents to that effect, and argued that that is why tests detected THC in his system.

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Quesada Law Firm
1200 Brickell Ave
Suite 1950
Miami, FL 33131

Phone: 305-330-1833
Fax: 1-305-397-1318
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