Drug Related Offenses

September 24, 2016

College Student Found Loitering In Park After Hours; Search Reveals Ecstasy, Another Controlled Substance, And Marijuana; Faced Felony Conviction And Two Year Driver’s License Suspension

Police observed our client loitering in a park after the park had closed. This suspicious behavior alerted the officer to possible criminal activity. When the officer asked, he could not provide a reason as to why he was there. Subsequently, the officer arrested him. While arresting him, the arresting officer conducted a search upon our client. This search revealed that our client was carrying a clear plastic bag containing two unknown blue pills and one unknown red pill. The officer believed the pills to be ecstasy. Additionally, the officer located another clear plastic bag that contained marijuana.

RESULT: When conducting an arrest, in order to protect their safety and prevent a person from destroying evidence, officers may conduct a search of the arrested person and their personal belongings. This is what’s called a “search incident to a lawful arrest.” The officer’s discovery in this case resulted in the Prosecutor charging our client with illegal Possession of a Controlled Substance, as well as Possession of Marijuana. Despite the officer catching the client “red-handed”, our attorney was able to successfully negotiate with the Prosecutor to have him entered into a program called “diversion”, upon completion of which, our client’s case would be dismissed. Through the attorney’s hard work and vast experience in negotiating, she was able to convince the Prosecutor that the client was a suitable candidate for this program. This resulted in NO CONVICTION, NO LICENSE SUSPENSION, AND NO CRIMINAL RECORD! THE CLIENT IS ALSO ELIGIBLE TO HAVE THE RECORD OF ARREST EXPUNGED!

Internal Ref# 4050-LG14MM10MD12-N-N

College Student On Vacation Pulled Over For Illegal Window Tint, Arrested For Marijuana Possession, Faces Criminal Record and 2 Year Driver’s License Revocation

While on vacation, police pulled our client over for having window tint that was “too dark.” After issuing a warning for the window tint, the officer requested consent to search the vehicle. Our client agreed to the search. The officer first located a book bag that contained a scale, marijuana seeds, three pipes with burnt marijuana present, a grinder with marijuana inside, a bong, and vitamin container with marijuana. A further search of the vehicle revealed a second book bag that also contained a grinder with marijuana in it. The officer issued our Client a Notice to Appear in court for Possession of Marijuana and Possession of Drug Paraphernalia.

RESULT: Our attorney conducted diligent negotiations with the prosecutor, persuading him to offer a withhold of a finding of guilt on the both offenses, resulting in, NO CONVICTION, NO CRIMINAL RECORD, AND NO DRIVER’S LICENSE SUSPENION!

Internal Ref# 4187-MM22MM10M10-N

Man Stopped With Marijuana In Plain View and Drug Paraphernalia Center Console, Facing Two Year Driver’s License Suspension

No Conviction on Either Charge and No License Suspension!

Hamilton County, FL. Our client was pulled over for a traffic stop due to unlawful speeding. When the officer approached the vehicle and made contact with our client, he noticed a strong odor of raw marijuana emitting from the vehicle and observed marijuana residue on the passenger’s blue jeans. The officer issued a warning citation for unlawful speeding then continued on with an investigation regarding the marijuana odor and residue. Our client was then asked if anything illegal was inside the vehicle or if any weapons were present in the vehicle. Our client advised the officer that there was nothing illegal inside the vehicle and that no weapons were present in the vehicle. Our client did advise the officer that his friends were smoking marijuana. The officer asked our client and the passengers to exit the vehicle while a search was conducted. During the search, a small amount of marijuana was found in a ziplock bag, 2 glass marijuana pipes with residue, a pack of rolling papers, and a loaded compact Taurus 9mm, (with a live round chambered), was located inside the center console. Marijuana was also collected from the driver’s side floorboard, a small amount of marijuana packaged in plastic bags behind the front passenger seat. While searching the backseat area, the officer observed a black rifle bag that contained a Colt Ar-15 (.223 caliber) with 2 fully loaded 20 round magazines and Sig Sauer .40 caliber handgun. A plastic baggie containing 6 suspected oxycodone tablets and a metal tin containing 11 suspected oxycodone tables had also been discovered. No prescription could be located for the suspected oxycodone tablets. Our client was then placed under arrest and transported to the county jail.

Result: Based on our client not having a prior record, we were able to negotiate a NO CONVICTION!

Internal Ref# 10-07-MM

Therapist Charged with Felony Drug Possession (1 Oxycodone and 4 Xanax) Without a Prescription; Faces Jail and Possibility of Professional License Revocation

Charges Dropped! Professional License Preserved!

Collier County, FL. Our Client was stopped for speeding and failure to maintain a lane. When the officer approached the vehicle and made contact with the driver, he observed her mannerisms to be slow and deliberate as if under the influence of a narcotic and/or alcohol. Our client was asked if she had been drinking alcohol and she first stated no, but later changed her statement, she then stated that she had a few sips of white wine. She was then asked if she was under the influence of any kind of medication, where she paused for a moment and said no. Later the officer observed “track marks” on both arms consistent with intravenous drug use. Our client was given a verbal warning for speeding. The officer then asked for consent to search the vehicle for narcotics and consent was given. During the search of the vehicle, prescription medication was located inside a plastic container. Poison control was then contacted to identify the pills. Poison Control advised the pills were: 1 Oxycodone (30 mg) and 4 generic Xanex (2mg). Our client was then advised of her Miranda Rights and placed under arrest for two counts of possession of a controlled substance.

Result: Our client also has and open DUI case at the time of this offense and we were still able to negotiate the charges; CHARGES DROPPED!

Internal Ref# 09-CF-1695

2nd Time Possession of Marijuana and Drug Paraphernalia Offender Admits to Having a Bowl and Baggie of Marijuana in Car

No Conviction!

Monroe County, FL. Our client was pulled over for displaying illegal window tint on the rear windows. The officer made contact with the driver and noticed that he was nervous, evident by his shaking hands. The officer also noticed a light odor of burnt marijuana in the vehicle as he stood near the driver’s door.

The officer then issued our client a warrant relative to the illegal tint. Our client was then asked if there was anything illegal in the vehicle, where he stated that there was. He admitted to a bowl and a small amount of marijuana in a baggie. The officer then asked if he could conduct a search of the vehicle, where consent was given. The officer recovered a glass smoking pipe, coke can (false compartment inside), which contained approximately 1 gram of marijuana in the baggie. The pipe was inside a Crown Royal felt bag. Our client was issued a Notice to Appear, and all contraband was placed into evidence.

Result: Although it was our client’s second Possession of Marijuana offense, and the fact that the officer did not make an arrest, we were able to negotiate; NO CONVICTION!

Internal Ref# 09-MM-292-P

Vacationer Caught Smoking Marijuana In Front Of Law Enforcement

No Drug Conviction!

Glades County, FL. Our client was seen by a Wildlife Officer backing up with no lights on into an area that is marked “Private Hunting Lease”. The officer turned his vehicle into the area where he had noticed a small light coming from the pasture, and the sound of an engine running. The officer approached the vehicle from the driver’s side where he observed our client smoking what appeared to be a cigarette. When the officer flashed his light inside the vehicle there was a Newport box located on the floorboard and a Camel box next to it. After searching the boxes, the officer found 14 marijuana roaches and a glass pipe with marijuana residue inside. Our client was then arrested for Possession of Marijuana.

RESULT: After diligent negotiation with the ASA (Assistant State Attorney) we were able to obtain a NO DRUG CONVICTION!

Internal Ref# 10-67-MM

Doctor, Pulled Over With Car Reeking Of Marijuana, Charged With 4 Felony Drug Possession Charges And Two Misdemeanor Possession Charges, Admits To Possession

No Conviction on ALL Counts!

Columbia County, FL. Our client, a Doctor, was recklessly driving and passing in and out of traffic in an unsafe manner, almost striking other vehicles. The arresting officer has smelled a strong odor of marijuana emitting from the vehicle. After a search of the vehicle the officer had found 4 different controlled substances, all were prescription drugs that did not belong to our client. In addition the officers found 10 grams of marijuana and a pipe.

RESULT: Our client was charged with 4 Felony drug charges. After diligently negotiating with the ASA (Assistant State Attorney), our client was not convicted on either of the drug charges.

Internal Ref# 09-39397CFMA

Government Contractor Caught At Airport For Marijuana Possession Faces Conviction And Two Year Driver’s License Revocation

Charges Dismissed! No Driver’s License Revocation, No Probation and Client Eligible To Have His Record Expunged!

Escambia, FL. While our client, a government contractor, was traveling on business, his luggage was searched at the airport where marijuana was found. Our client, who is home only a few short weeks, needed to get the matter resolved as quickly as possible, where he could travel back to his job in Iraq.

RESULT: After diligent negotiation with the ASA (Assistant State Attorney), it was agreed that our client would participate in a diversion program (intervention program), where upon completion the State would drop the charges and he would be eligible to have his records expunged.

Internal Ref# 09MM29224A

Tourist Charged With 4 Counts of Felony Drug Possession


Columbia County FL. Client was pulled over for reckless driving and speeding. The State Trooper smelled marijuana coming from the vehicle and conducted a full search. During the search the trooper had found 4 different controlled substances with no prescriptions and 10 grams of marijuana. Our client immediately admitted to possessing the drugs.

RESULT: After negotiations with the States Attorney, our client was not convicted on the Felony drug charge.

Internal Ref# 09-397CFMA

Driver Arrested and Charged for Possession of Marijuana Under 20 Grams and the Possession of Narcotic Equipment

No Conviction!

Our client was pulled over when an officer, in a marked uniform patrol, observed that the driver’s tag light was not functioning. The driver was given a verbal warning for the tag light, and two tickets for not carrying a Florida driver license and for no proof of insurance. When the officer returned the documents to our client, he requested if he could check inside the vehicle for contraband, where a verbal “go ahead” was given. During the search the officer discovered a clear plastic bag containing a leafy substance and a glass pipe behind the passenger seat. Our client admitted that the items were his and that they were on his person, that he placed the items under the passenger seat, when the officer pulled up behind him. Our client was then arrested for possession of marijuana under 20 grams and the possession of narcotic equipment.

RESULT: After diligent negotiation with State Attorney, our client received a NO CONVICTION!

Internal Ref# 09-MM-24733

Third Time Drug Offender Apprehended When His Car Was Pulled Over Reeking of Marijuana and Drugs Were Discovered On His Car Seat

No Conviction!

Client was stopped for a traffic infraction, when his vehicle failed to make a complete stop at the posted stop sign. After initiating a traffic stop, the officer noticed the distinct smell of marijuana coming from the vehicle. A request was then made, that he exit the vehicle, where the officer could engage in a conversation with him. During this conversation, it was admitted that by our client, that he had stuffed a plastic bag containing marijuana inside the driver seat of his vehicle. The officer requested to search the vehicle, where permission was granted, and the marijuana seized. Our client was placed under arrest for the Possession of Marijuana under 20 grams and transported to jail.

RESULT: After aggressive negotiation with the prosecutor, our client obtained a no conviction, with participation in a Substance Abuse Evaluation and minimal fines.

Internal Ref# 09-3428MM

United States Soldier Charged With Possession Of Marijuana


After our client returned home from a deployment in Iraq, he was served with a warrant that was approximately four years old. Four years prior our client was caught smoking a joint in an empty parking lot. Althoug, he was not arrested, the case was referred to the State Attorney. He was then charged with Possession of Marijuana and Possession of paraphernalia. No warrant was served at the time. While on military leave status the warrant was served. The State offered Diversion, but the client was unable to participate because of his military obligations.

RESULT: The State sought to convict him and put him on probation, with no consideration of resolve without conviction. Immediately we filed a motion to dismiss due to a violation of the Statute of Limitations with a courtesy copy of the case and case law sent to the judge. We were contacted by the judge to schedule the motion for the very next business day. The State gave no argument defending the delay of serving the warrant. DISMISSED!

Internal Ref# 2006-MM-000613

Officers Walk in on Suspect Smoking Weed and Playing XBox; Arrested


Officers visited a home in an attempt to serve an occupant with a warrant. They smelled freshly burned marijuana. The police were invited inside. The officers allegedly saw a bong and bag of pot inside an open backpack. The defendant playing XBox admitted the backpack belonged to him and that the leafy green substance inside was pot. Officers arrested the suspect and charged him possession of marijuana and possession of paraphernalia.

RESULT: The defense challenged whether or not the backpack was open and its contents in plain view. The attorney explained to the State the intention to file a motion to suppress the evidence of the search. Prior to filing the motion, the State DROPPEDthe possession of marijuana charge and the Court ruled NO CONVICTION for the charge of possession of paraphernalia.

Internal Ref# CS09KF10-020

Driver Found with Prescription Pills Hidden in Phony Bottles

Charges DROPPED!

Officers stopped a driver for traveling 5 mph over the posted speed limit. Officers searched the vehicle and found prescription drugs not designated for those medications. Officers arrested the driver for possession of a controlled substance,possession of controlled substance, possession of paraphernalia, and possession of new legend drug.

RESULT: The client requested representation prior to the State filing charges against him. The attorney convinced the State not to prosecute on two of the four charges. Prior to the arraignment, the attorney produced documentation of the client possessing a valid prescription for the medication. The State DROPPED the remaining charges prior to Court.

Internal Ref# CS09KF10-28

Cops Found Marijuana During Vehicle Search; Defendant Admitted Possession

Charges DROPPED!

The defendant had been a passenger inside a vehicle suspected of DUI. The police searched the vehicle and found marijuana. The driver claimed the drugs belonged to the defendant. The passenger admitted to police that the marijuana did belong to him. Officers arrested the defendant and charged him with possession of < 20 grams of marijuana.

RESULT: The defense entered into heated negotiations on behalf of the client. The attorney arranged for the client to participate in a diversion program versus moving forward with prosecution. The defense prevailed with the State DROPPING all of the charges.

Internal Ref# CS09KF11-19

Car Stopped for Inoperable Headlight Uncovered Marijuana & Paraphernalia

Charges DROPPED!

Officers initiated a traffic stop on a vehicle with an inoperable headlight. The police immediately smelled marijuana coming from inside the automobile. Both the driver and passenger were handcuffed for a search of the vehicle prior to arrest. Officers located 10 grams of marijuana and a lot of paraphernalia: rolling papers, metal grinder, metal scissors and smoking pipes behind the driver’s seat. Officers arrested the driver and charged him with possession of marijuana and possession of drug paraphernalia.

RESULT: The defense immediately entered into heated negotiations on behalf of the client. The attorney arranged for our client to participate in a diversion program in lieu of moving forward with criminal charges. Thanks to the diligence of the defense, the State DROPPED all of the charges.

Internal Ref# CS09KF12-04

Client Arrested for Possession of Marijuana While Awaiting Attendance to Diversion Program for Another Arrest

Both Cases are DISMISSED!

The defendant had been previously arrested on a charge of petit theft and waiting to enter the diversion program when arrested on charges of possession of marijuana < 20 grams. The Court withdrew the option for the defendant to enter into diversion for the first charge. He now faces criminal prosecution for both crimes.

RESULT: The defense persuaded the State to permit the client to attend the diversion program for both offenses. After heated negotiations, the prosecution agreed and both charges were DISMISSED!

Internal Ref# CS09KF11-10

Defendant Tries to Destroy Evidence, Struggles with Cops; Is Arrested on Drug Possession Charges and Battery on an Officer


Officers initiated a stop on a vehicle for traffic infractions. The police witnessed the defendant attempt to remove a small bag from her purse and conceal it in her pocket. The officer inquired as to the bulge in the defendant’s pocket when he instructed her to exit the vehicle. The suspect removed the bag from her pants, dumped pills onto the street and quickly smashed the evidence. A struggle ensued and an officer was struck in the face with enough force to break his sunglasses. The police arrested the defendant and charged her with battery on a law enforcement officer,possession of Oxymorphone, possession of Alprazolam and resisting arrest without violence. On the ride to the police station, the defendant attempted to eat a leafy green substance in the back of the patrol car. The officers added another possession of marijuana charge against the defendant.

RESULT: The defense called both officers to testify as to the events that took place. They had conflicting stories and the attorney convinced the State to drop the battery on a law enforcement officer. The attorney also convinced the State that no tests were performed to determine if the substance was marijuana and the possession of marijuana charge was dropped. The Court ruled no formal finding of guilt on the resisting arrest and other possession charges resulting in NO CONVICTION!

Internal Ref# CC09KF11-03

Traffic Stop for Illegal Window Tint Results in Felony Drug and Weapons Charges


Officers stopped a vehicle for illegal window tint and noticed the smell of marijuana. A search conducted of the vehicle located a black .45 caliber handgun, 8 rounds of ammunition inside the glove compartment and $881 dollars in cash. A consented search of the contents of the suspect’s cell phone showed texts regarding the sale of marijuana. The defendant is a convicted felon with an active warrant from another state. Officers arrest the suspect on charges of felony possession of cannabis and felony possession of a firearm by a convicted felon.

RESULT: The attorney successfully negotiated the case on behalf of the client. Constructive drug possession is considered a second degree felony and with the prior felony conviction almost faced a mandatory prison sentence. Through the diligence of the defense, the client obtained a no formal finding of guilt ruling resulting in NO CONVICTION!

Internal Ref# CC09KF09-25

Officer Found Marijuana on Suspect’s Pants During Stop; Charged with Possession


Officers approached an occupied vehicle parked in a vacant field with the dome light on. The vehicle smelled of marijuana and the driver possessed a leafy green substance on the front of his pants. The driver participated in field sobriety testsand the officer determined he was not impaired. A search of the vehicle located 3.8 grams of marijuana and a pipe. The officer issued the driver a notice to appear for charges of possession of < 20 grams of marijuana.

RESULT: The defense successfully negotiated with the State for the client to participate in a diversion program. The attorney convinced the State agreed to DROPall of the charges against the client.

Internal Ref# CC09KF10-15

Drug Dog Alerts Officers to Driver with Marijuana; Arrested on Four Counts of Possession


Officers pulled over an aggressive driver. A drug dog on the scene alerted to the scent of narcotics. The defendant admitted to a bag of marijuana on his passenger seat. A search of the vehicle resulted in the confiscation of four pipes, two of which contained marijuana residue and one smoking bong. Officers arrested the defendant on two counts of possession of <20 grams of marijuana and two counts of possession of drug paraphernalia.

RESULT: The defense prepared the case for trial. The defense managed to convince the state of weak facts in the case. The attorney negotiated that three charges be dropped completely and resolved the other possession charge without conviction.

Internal Ref# CC09KF09-11

Defendant Arrested on Felony Drug Charges for Possessing Meds without Prescription


Officers arrested a woman for felony drug possession after finding prescription pills on her without a valid prescription. The medication belonged to the defendant’s nice and now she faces felony drug possession charges.

RESULT: The defense filed a notice of appearance to notify the Court we will be representing the client in this criminal case against her. Upon receiving the notice, the State immediately decided to drop all the charges. The client is now eligible to have her record expunged.

Internal Ref# CC09KF09-14

Driver Stopped for Speeding & Arrested on Marijuana Possession


Officers stop a driver for speeding and noticed the smell of marijuana. The officer questioned if the driver had illegal marijuana in his possession and the driver handed it over. The police arrested the defendant on charges of possession of marijuana.

RESULT: The attorney entered into negotiations with the State over the fate of the client. The defense successfully convinced the prosecution to resolve the case without probation, drug testing and conviction.

Internal Ref# CC09KF09-14

Noise Complaint Results in Felony Drug Arrest


Police arrived on the scene of a noise complaint. The officers smelled marijuana and asked the suspect if there was any inside the home. The defendant handed the officers 30 grams of marijuana hidden from inside the kitchen. Officers arrested the defendant and charged him with felony drug possession.

RESULT: The defense bypassed dealings with the prosecution and resolved the case directly with the Judge. The attorney resolved the case in one day without probation, drug testing, license suspension and/or a jail/prison sentence.

Internal Ref# CC09KF09-29

Officers Found Drugs and Gun on Driver; Arrested on Felony Charges


Officer initiated a traffic stop on a driver with a loose temporary paper tag. The driver could not find his license and the officer discovered that it was suspended. The defendant admitted to the police that he did have a gun in his possession without a permit. Officers went to remove the gun and found marijuana and ecstasy pills. The defendant was arrested on charges of felony possession with intent to sell, possession of marijuana and possession of paraphernalia.

RESULT: The defense argued to the prosecution that the officer performed an invalid traffic stop on the client. The State agreed and decided not to file charges against the client. All charges against the defendant were DROPPED!

Internal Ref# CC09KF09-16

Client Allegedly Caught Red Handed; Arrested on Possession of Cocaine and Drug Paraphernalia Charges


The Police initiated a traffic stop after a suspicious vehicle blocked a roadway. Upon approaching the vehicle, an Officer witnessed the Defendant attempt to hide crack and a crack pipe in the center console of his car. Both the substance and the pipe tested positive for cocaine. The Officer arrested the Defendant and charged him with felonyPossession of Cocaine and Possession of Drug Paraphernalia.

RESULT: The Defense entered into heated negotiations with the Prosecution over the details of the case. The attorney did not rest and lead the case to Court. The Judge ruled no formal finding of guilt against the Client.

Internal Ref# CC09KF06-18

Defendant Faced Felony Charges after Smoking Weed in Park; Arrested


An Officer observed a woman sitting in an open grassy area of a park separating pieces of marijuana. The Officer searched the Defendant and found marijuana rolling papers and Xanax pills. The Defendant could not prove that she possessed a prescription for the pills. The Officer arrested the Defendant and charged her with felony Possession of Xanax and Possession of Cannabis.

RESULT: The Defense entered into lengthy negotiations with the Prosecution over the details of the case. The Defense Attorney obtained copies of the Xanax prescriptions from the Client’s doctor for presentation to the State. The Defense made special arrangements for our Client to be referred into a Substance Abuse Offender Program; in an effort to defer Court sentencing. The Defense’s commitment to the case paid off. The State DROPPED all charges against the Client.

Internal Ref# CC09MM06-18

Driver Caught with Pills and Paraphernalia; Arrested


The Police pulled the Defendant over for a speeding violation. The Defendant gave the Officer consent to search her vehicle. The Officer found prescription pill bottles and a hollowed out pen containing residue. A presumptive field test proved positive for narcotics. The Defendant confessed that she used the pen shell to snort her pills versus swallowing them. The Police arrested the Defendant and charged her withPossession of Paraphernalia.

RESULT: The defense immediately contacted the Client’s doctors and obtained proof of prescriptions for the drugs found in her vehicle and on the paraphernalia. The attorney convinced the Prosecution that the case lacked evidence and the StateDROPPED all charges on the eve of trial. The Client is now eligible to have her records expunged.

Internal Ref# CS09MM07-02

Client Faced Charges of 3 Counts of Possession, DUI & DUI with Property Damage after Crash; Arrested


Police responded to a traffic crash. A driver failed to stop and struck another vehicle waiting at a stop light. The Officer noticed the offending driver acted impaired; he had slurred speech, watery eyes and smelled of alcohol. The Defendant failed Field Sobriety Testing and blew .155 & .139 Breathalyzer Test. The Officer conducted a pat down search of the Defendant and located marijuana, a smoking pipe and 5Alphrazolam pills. The Officer arrested the Defendant for DUIDUI with Property DamagePossession of AlphrazolamPossession of Drug Paraphernalia,Possession of Cannabis and Careless Driving.

RESULT: The Defendant faced heavy sanctions for his crimes. He retained Musca Law to fight the serious charges against him. The attorney arranged for the Client to participate in Drug Court and the Prosecution DISMISSED all charges of possession. The Defense moved forward with DUI proceedings and the Court ruled no formal finding of guilt on the charges of DUI and DUI with Property Damage. The Defense also convinced the State to DROP the remaining Careless Driving charge.

Internal Ref# CS09MM06-17

Vehicle Searched after Leaving Known Drug House; Arrested forPossession of MarijuanaPossession of Cocaine & Paraphernalia

Marijuana Charge DROPPED; No Cocaine & Paraphernalia Possession Convictions

Police stopped a vehicle for illegal window tint. The Driver consented for Officers to search the vehicle. The Police found a marijuana roach and seeds on the passenger floorboard. A pat down search of the passenger revealed a bag of crack cocaine and a crack pipe. Police arrested the passenger and charged him with Possession of MarijuanaPossession of Cocaine and Possession of Paraphernalia.

RESULTS: The Client was facing felony charges. The Defense deposed the arresting Officers prior to trial and found discrepancies in their statements. The Defense persuaded the State to DROP the Possession of Marijuana Charge. The remainder of the case went to Court and the Defense prevailed. The Judge ruled no formal finding of guilt on the charges of Possession of Cocaine and Paraphernalia.

Internal Ref# CS08MM03-04

Motorcyclist with Gun & Knives in Fanny Pack; Arrested for Cocaine Possession & Possession of Drug Paraphernalia


Police observed a motorcyclist parked on a sidewalk. The Officer pulled his cruiser over and found the suspect hiding from him in the bushes. The Officer performed a pat down search and asked if the Suspect had weapons or drugs on him. The Defendant had a handgun and two knives in his motorcycle fanny pack. The Defendant also confessed to holding crack cocaine in his pocket. The Officer arrested the Defendant and charged him with Possession of Cocaine andPossession of Drug Paraphernalia.

RESULT: The Defendant was facing felony charges for this crime. The Defenseentered into talks with the Prosecution over the details of the case. The Court ruled in the Defense’s favor with no formal finding of guilt on the Possession of Cocaine charge. The State DROPPED the charge of Possession of Drug Paraphernalia.

Internal Ref# CS08MM04-02

Defendant Pulled Over for Traffic Violation had Crack Cocaine on his Seat; Arrested on Felony Possession of Cocaine Charge

Felony Possession of Cocaine Charge DISMISSED!

Police initiated a traffic stop on a vehicle that failed to stop at a stop sign. The Driver admitted to Police that he had a work purposes only restricted driver’s license. The Driver violated the restriction by driving his girlfriend around town. The Officer went to issue a ticket for the driver’s license violation and a warning for running a stop sign when he noticed a chalky white substance on the seat of the vehicle. The consistency of the substance looked similar to crack cocaine. The substance tested positive for cocaine and the Officer arrested the Defendant on Felony Possession of Cocaine charges.

RESULT: The Defense Attorney requested a jury trial on the felony charges against the Client. The Defense set depositions and requested discovery from the State. The Defense convinced the Prosecutor that the State would not secure a conviction. The Prosecution DISMISSED the case against the Client.

Internal Ref# CS08MM004-15

Client Tossed Marijuana into Police Substation as a Demonstration to Legalize Drugs; Arrested on Possession of Marijuana


An individual walked into a Police Substation and browsed through brochures. She selected a free informational pamphlet on peaceful demonstrations. The individual pulled a bag of marijuana out of her purse and set it on front desk of the Police substation. The Defendant told the Officer stationed at the front desk that she believed marijuana should be legalized and she just submitted her contribution to apeaceful demonstration. An Officer followed the demonstrator out the door and arrested her on Possession of Marijuana charges.

RESULT: The Defense Attorney arranged for the Client to participate in a Deferred Prosecution Program and she avoided the Court system. The State DROPPED the Possession of Marijuana charge against the Client.

Internal Ref# CS08MM09-18

Married Couple Charged with Felony Cocaine Possession & Possession of Drug Paraphernalia


Police approach a married couple sitting in their car talking. An Officer requested to search the couple’s vehicle and the parties complied. The Police found a plastic straw containing cocaine residue. Police arrested the couple and charged them with Felony Cocaine Possession and Possession of Drug Paraphernalia.

RESULT:The couple hired Musca Law Firm to defend the serious criminal charges brought forth against them. The Defense Attorney argued the facts of the case against the Prosecution’s evidence. The Defense Attorney persuaded the State toDROP ALL CHARGES against our Clients! Our Clients are now eligible to have their records sealed.

Internal Ref# CS09MM03-17

Drug Arrest Puts Teen’s Future in Jeopardy

Possession of Marijuana Charge DROPPED

A teenage honor student with athletic scholarships was arrested and charged withPossession of Marijuana, Under 20 Grams. The minor Defendant had no prior criminal history and put his future on the line with this arrest.

RESULT: The Prosecution filed formal charges against the minor Client forcing the case to a hearing. The Defense Attorney immediately contacted the State Attorney’s office and convinced the Prosecution that moving forward with a hearing was unnecessary. The Defense Attorney kept the minor Client out of the judicial system by arranging for him to participate in a Juvenile Diversion Program. Thanks to the skills of the Defense, the State DROPPED the charge and the teenage Defender’s future is still intact.

Internal Ref# CS08MM011-18

Defendant Caught by K-9 Unit After Fleeing Marijuana Grow House


The Police are called to back-up another Officer and an FPL representative atmarijuana grow house. The suspects inside the house have fled on foot. The Police deployed a K-9 Unit to track down the suspects. The K-9 unit caught a heavily sweating, shirtless suspect hiding under bushes and brush. The Defendant was arrested and charged with Loitering and Prowling.

RESULT: The Defense Team entered into discussions with Prosecution over the details of the charges against the Client. The Defense Attorney convinced the Prosecution not to move forward with the case and all charges against our Client areDROPPED!

Internal Ref# CS08MM01-003

Driver’s Suspicious Behavior Points Police to Hidden Drugs

NO CONVICTION on Charge of Marijuana Possession!

A driver passed 2 lighted police cruisers at a traffic stop and failed to slow down. One Officer followed the driver and pulled him over for failing to reduce his speed. The Officer noticed the Defendant was violently shaking and sweating. It took the Defendant over a minute to remove his license from his wallet. The Officer requested that the driver exit the vehicle. After talking to Police, the Defendant admitted that he stashed marijuana in his pocket. The Officer confiscated the drugs and arrested Defendant with for Possession of Marijuana.

RESULT: The Defense Attorney filed motions to prevent case details from being submitted into evidence by the Prosecution. The Defense prevailed and the Court found NO FORMAL FINDING OF GUILT on the Possession of Marijuana charge.

Internal Ref# CS08MM08-08

Radio Blasting in Lexus Creates Suspicion in Police, Driver Charged with Felony Possession of a Controlled Substance


Police noticed a maroon Lexus with its radio blaring, cruising down the highway. The vehicle was traveling at an excessive speed and the police initiated a traffic stop. The Officer issued a traffic citation for Violation of a Traffic Control Device and asked the driver for consent to search his vehicle. The search revealed small amounts of marijuana on the floor of the vehicle and a small white pill under the driver’s seat. The Defendant had in his possession three bottles of prescription pills that he handed over to the Officer. One of the bottles contained two types of pills inside and the Defendant stated that some of the pills were Valium and he did not have the prescription bottle for them. The Officer placed the Defendant under arrest for Felony Possession of a Controlled Substance.

RESULT: Felony Possession Defense Attorney filed a Motion to Suppress Evidence based on a warrantless search and seizure. The Attorney effectively challenged whether or not the law enforcement officer had probable cause, resulting inNO CONVICTION on the charge of Felony Possession.

Internal Ref# CS099MM05-26

Tip Leads to Drug Raid and Jury Trial


A tip leads police to investigate a drug house in Ft. Myers. The informant is wired for video and sound to record a drug transaction taking place within the suspect’s home. The police raid the scene and the Defendant is arrested and charged with Sale and Delivery of Cannabis and Possession of Cannabis, Over 20 grams.

RESULT: The Attorney was convinced our Client was innocent and brought the case before a jury trial. The Attorney argued that the Prosecution had no evidence to convict the Defendant. The jury found the Defendant NOT GUILTY on both charges (Sale and Delivery of Cannabis & Possession of Cannabis, Over 20 grams).

Internal Ref# CS099MM05-13

Middle Aged Man Caught Smoking Marijuana, Charged with Possession of Marijuana & Possession of Paraphernalia


The Police observed the Defendant smoking marijuana in a parking lot and conducted a search. Police found a cellophane wrapper containing marijuana in the Defendant’s pants pocket and arrested him for Possession of Marijuana and Possession of Drug Paraphernalia.

RESULT: The Defense Attorney negotiated with the State to accept Defendant into a diversion program. The State DISMISSED both charges.

Internal Ref# CS099MM04-10

Anonymous Complaint Leads to Possession of Paraphernalia Charge


A third party report of a person smoking marijuana inside a parked car lead Police to our Client. The Police made contact with the Defendant sitting inside his car. The Defendant admitted to smoking marijuana earlier and gave consent to search his vehicle. The Police recovered a multicolored glass pipe and charged the Defendant with Possession of Drug Paraphernalia.

RESULT: Through aggressive negotiations, the Attorney persuaded the State to issue a Notice of Nolle Prosequi, DISMISSINGthe charge against our Client.

Internal Ref# CS099MM04-08

Drug Raid Leaves Former Airborne Ranger Charged with Felony Possession of Cocaine


Based upon a drug trafficking tip from an informant, the Narcotics Unit obtained a search warrant of a home. At the time of execution, our Client was at the location with several other people. Items the police found during the search included: opium pills, Xanax pills, a large amount of cash, a home-made Captain Morgan crack pipe, and other drug paraphernalia. A pat down search of our Client revealed a pack of Kool cigarettes containing 3.0 grams of crack cocaine. Police charged our Client withFelony Possession of Cocaine. Simple possession of cocaine, or crack cocaine, is a 3rd degree felony, punishable by up to 5 years prison. Unlike the Federal sentencing guidelines, the State of Florida treats powder cocaine and crack cocaine the same.

RESULT: Cocaine Possession Defense Lawyer obtained a Nolle Prosse, and the State withdrew the felony charge. Our Client is eligible to have his felony charge expunged.

Internal Ref# CS099MM03-30

Noisy Muffler Leads to Possession of Marijuana Arrest


Defendant was stopped by police for a noisy muffler and the fact his front passenger window was tinted darker than the State legal limit. The officer conducting the traffic stop noticed an odor of marijuana coming from the vehicle and had his K9 partner conduct a free air sniff. The K9 gave a positive alert to the odor of narcotics. Police recovered a clear bag of marijuana and arrested the Defendant for Possession of Marijuana, and Possession of Paraphernalia.

RESULT: After intense negotiations with the State, Attorney obtained a No Conviction on the Charge of Possession. Two traffic tickets issued for unsafe vehicle condition were dismissed!

Internal Ref# CS099MM02-25

Possession of Marijuana Puts College Student’s Future on the Line


Police were called to an apartment complex swimming pool facility. Residents of the complex reported 2 underage males drinking alcohol and smoking marijuana. Officers made contact with two male suspects and noticed the odor of marijuana on the Defendant. Defendant stood up and a cigarette fell on the ground. The 18 year old college student was placed under arrest and charged with Possession of Marijuana.

RESULT: Our seasoned criminal defense attorneys aggressively challenged the evidence against our Client and negotiated with the State Attorney assigned to his case. The State withheld adjudication on the charge of Possession, sparing our Client the serious consequences of a conviction.

Internal Ref# CS099MM02-19

Texas Fugitive Extradited for Felony Possession & Failure to Appear


Defendant’s failure to appear in court on a Possession of Marijuana charge resulted in a warrant for his arrest. Defendant was arrested in Texas, extradited to Florida and held without bond.

RESULT: Pursuant to a plea, our Attorney successfully negotiated an agreement, obtaining NO CONVICTION on the Felony Possession charge and a dismissal on the charge of Failure to Appear.

Internal Ref# CS099MM01-30

Florida Tourist Arrested for Possession of a Controlled Substance with Intent to Deliver


Defendant was on vacation in Florida and traveling at a speed of 80mph in a 45mph zone. An unmarked sheriff’s vehicle chased the Defendant’s truck and witnessed him tossing an object out his window. Upon conducting a traffic stop, police discovered the Defendant was in possession of un-prescribed bottles of Alprazolam. Police arrested the tourist and charged with Possession of a Controlled Substance and Possession of Paraphernalia.

RESULT: The Attorney successfully negotiated on behalf of our client and the State issued a Notice of Nolle Prosequi, dismissing the charges against our Client. Because of our efforts, the out of state resident did not have to return to Florida and is eligible to have his records sealed.

Internal Ref# CS099MM01-29

Motion to Suppress Evidence on Possession of Marijuana


Police stopped the Defendant for a traffic offense. Police discovered a plastic bag containing marijuana in his vehicle and arrested him for Possession of Marijuana.

RESULT: The attorney filed a Motion to Suppress Evidence obtained by an unlawful search and seizure without a warrant. The challenge presented to the State on meeting the burden of proof resulted in NO CONVICTION!

Internal Ref# CS099MM01-08

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