Armed COCAINE-TRAFFIC - 28 GRAMS LESS THAN 150 KG COCAINE OR MIXTURE in florida
Above is the charge. Cocaine was found in one room of a home and a gun in another. Can this really be armed trafficking? The home is mine and my fiance stays there from time to time as well as friends. an neighbor witness says 3 men stay here and my fiance is the only one being charged. Can they prove its his and not someone else s. 911 call was for a threat, my fiance came out willingly and the police went in to "secure the premises" saw cocaine on a counter and procceded to get a search warrant.. can this case stick??
Yes they can charge it and DO NOT DISCUSS this anymore on these sites. Contact local counsel immediately. All of this was found in your house. Do not talk anymore on these sites. They are not restricted to defense lawyers and these conversations are not privileged.
Your fiance needs to hire an experienced criminal defense attorney to review the information and if possible, challenge the State's evidence by filing a motion to suppress. Do not waste time. In my experience, the best defense is an offense when handling criminal cases.
The information provided herein is provided as general legal information and does not constitute legal advice.... more
The information provided herein is provided as general legal information and does not constitute legal advice. The information is based on the facts given and should not be relied upon by the reader. An attorney-client relationship is not established by this transmitting this information. The best way to receive accurate advice and establish an attorney-client relationship is by retaining a licensed attorney.
The answer, I am sorry to advise, is that it can, absolutely, "stick". Without proper legal challenges to quite a few aspects of the underlying case, just based on the bare minimum information which you have provided, there is quite a bit of work to be done, simply to "undo" some or all of what has already been done.
Motion(s) to Suppress need to be drafted and tailored to the specific facts in issue as a starting point. Has anyone requested that the 911 call be preserved so that same can be ordered and reviewed in order to determine that what is being claimed to have been said is, in fact, what was actually said to the 911 operator. In essence, that is what I view as the first domino which if it can be made to fall, could be the trigger that topples quite a few others.
If you could please reply by following up with a comment to this response/answer, and advise as to what anyone has done to guarantee that the 911 call is retained and not deleted from the system on a routine basis, as is the protocol currently utilized and/or specifically deleted in a purposeful manner for reasons which you can probably guess, that would be helpful.
After that matter is clarified, I would be happy to speak with you and or your fiance in greater detail regarding the issues that to me are pivotal.
Very best regards,
David B. Dohner, Esq.
We are pleased to offer a free thirty (30) minute initial telephone consultation, or, if possible, will attempt to... more
We are pleased to offer a free thirty (30) minute initial telephone consultation, or, if possible, will attempt to schedule a free thirty (30) minute initial office consultation. Neither this offer of a free initial consultation, nor the mere fact that the initial consultation may have ultimately been conducted, whether telephonically or at our office location, should be construed; assumed; interpreted; or understood by any individual who was granted a free initial consultation for which no consideration of any sort whatsoever was tendered, to have formed or created an attorney-client relationship, or to have created any obligations owed by the attorney or attorney's firm to any individual who was given a free initial consultation, by the mere undertaking of the free initial consultation for which no consideration of any sort was tendered to attorney or attorney's firm. The formation of an attorney-client relationship occurs through the process of negotiation between the prospective parties, the individual seeking legal representation, and the attorney, acting individually, or as an agent of a firm (the capacity in which the attorney is acting shall be disclosed to prospective client, if negotiations for legal representation in exchange for good and valuable consideration are undertaken by the prospective client and the attorney. If agreement is reached by and between the parties for legal representation after the mutually satisfactory negotiation of the agreement for legal representation, and all of its individual terms; the scope of representation to be provided by the attorney to the prospective client has been delineated to the mutual satisfaction of the parties; the manner of payment of good and valuable consideration by the prospective client to the attorney has been determined; and it has been conceded by the parties that all of those factors upon which agreement had been reached by the parties and which were recited herein, had been agreed upon by the parties only after careful consideration and sufficient review of the document styled Agreement for Legal Representation, and after it has likewise been conceded by the parties that each respectively had been presented with the opportunity to have the document reviewed independently by each respective party's personal attorney, or any other attorney of his or her chooosing. If the Agreement for Legal Representation contains terms regarding contingency fee agreement or agreements for payment to the attorney for all or a portion of his or her services and legal representation on behalf of the Client, Client concedes that he or she has been presented with an additional document entitled "Statement of Client's Rights", which is a document created by the Florida Bar and approved for use in matters in which payment in full or part, is tendered by contingency fee agreement. Please note that any commentary or response offered through this site is based on the limited set of facts and background data supplied by the individual framing the question and would in all likelihood require more investigation before a complete response could properly be framed to thoroughly answer the question posed. No attorney-client relationship is, or should be presumed to be, formed through the comments or responses provided to the individual posing the question, as a courtesy, here, through this forum, nor should any other duties or obligations be construed; assumed; or otherwise be inferred to exist and/or owed to the individual who posed the question by the attorney who provided the best guidance possible to said individual under the circumstances presented as they were, including the unreasonable assumption that a full and thorough legal analysis of an individual's situation could be formulated simply based on the minute portion of the entirety of the facts and circumstances surrounding any legal matter, which could in no manner possibly be presented here in such a form which would allow for a thorough analysis, evaluation, or legal opinion to be formed by the Attorney.
The person charged needs a good criminal defense lawyer right away. That lawyer can advise you on the case.
This response does not create an attorney client relationship and is offered for informational purposes only.... more
This response does not create an attorney client relationship and is offered for informational purposes only. Only a lawyer fully versed on the facts and circumstances of your case can properly advise you on the case. I am licensed to practice in Minnesota, not every state. You should always consult with an attorney licensed in your area on how best to proceed.