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When people think of trafficking drugs, the first thing that often comes to mind are scenes from movies involving large quantities of drugs and cash being moved through complex criminal organizations. A real-life example of this that was recently in the news was a federal case where several arrests were made from an international drug ring moving cocaine from South America through Mexico and into Los Angeles. Federal agents seized over 7,700 pounds of cocaine with a street value of $500 million from this drug ring over a three-year period. Seven individuals were indicted on federal charges and one higher-ranking member has been extradited to the United States to face charges. The criminal organization was also linked to two murders, including a video recording of a murder involving torture and dismemberment.  

While many people associate this type of criminal organization with drug trafficking, most people fail to realize the majority of drug trafficking cases do not involve millions of dollars worth of drugs and complex criminal networks.  For most substances, the threshold amount needed to be charged with trafficking is low, and even an individual in possession of such an amount for personal use can be charged with trafficking. For example, under Florida law, a mere 28 grams of cocaine is enough to be charged with trafficking it, which is a first-degree felony with a minimum mandatory sentence of three years and a $50,000.00 fine. For oxycodone, possession of 7 grams or more of oxycodone, or any mixture containing oxycodone, is a first-degree felony of trafficking in oxycodone. The consequences of trafficking oxycodone can also be severe. Trafficking 7 grams or more, but less than 14 grams, has a mandatory minimum sentence of 3 years and a fine of $50,000. 14 grams or more, but less than 25 grams, has a mandatory minimum sentence of 7 years and a fine of $100,000. 25 grams or more, but less than 100 grams, has a mandatory minimum sentence of 15 years and a fine of $500,000. 

Methamphetamine and methylenedioxymethamphetamine (MDMA) are other examples of illegal substances that can be easier to get a trafficking charge than most think.  For methamphetamine, someone can be charged with trafficking with only 14 grams of methamphetamine or any mixture containing it. With MDMA trafficking charges begin at 10 grams of any substance containing methylenedioxymethamphetamine. 

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I was caught breaking and entering into someone’s home. I didn’t think breaking and entering was that serious of an offense, but now I’m being charged with burglary. 

Unfortunately, most people do not realize the severity of a burglary charge until they are being prosecuted for one. Under Florida law, what is commonly refer to in lay terms as “breaking and entering” is actually the crime of burglary, which can be classified as high as a first-degree felony punishable by life in prison. 

As of July 1, 2001, burglary is defined as entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance: surreptitiously, with the intent to commit an offense therein; after permission to remain therein has been withdrawn, with the intent to commit an offense therein; or to commit or attempt to commit a forcible felony. Essentially, a burglary is entering without permission, or remaining somewhere after permission was revoked, with the intent to commit a criminal offense.  Continue reading

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In Florida, conspiracy is defined by statute as a person who agrees, conspires, combines, or confederates with another person or persons to commit any offense commits the offense of criminal conspiracy. In lay terms, conspiracy occurs when two or more individuals agree to commit a crime and intend for that crime to actually occur. All that is needed is the intent and the agreement, no further steps towards completing the intended crime are required. A simple example would be two individuals who agree to rob a bank together, with one individual saying “Hey, let’s go rob a bank,” and the other individual saying “O.K.”. Even if the robbery never occurs, they could still be charged with conspiracy. If they were to actually rob the bank then they could face both conspiracy and robbery charges.

The state does not need direct evidence, such as having the conversation recorded or in writing, to prove the agreement was formed. The agreement can be inferred from circumstantial evidence surrounding the crime. Surrounding circumstances that can be considered as circumstantial evidence of an agreement may be being at the scene of a crime together and actions that would constitute aiding and abetting, although those factors standing alone are not enough to prove a conspiracy occurred. If a crime is committed by more than one individual and their actions while committing the offense indicate that they would have needed to have a prior agreement to be able to execute the crime in the manner that they did could be circumstantial evidence of a conspiracy. Continue reading

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The current monetary bail bond system used in most states, including Florida, has recently come under scrutinization and a bail reform movement has been gaining popularity. Under the monetary system, a defendant will be given a bond amount they are required to pay before they can be released from jail. The purpose of a bond is to assure the defendant appears at their court hearing by returning; the full amount of the bond is returned to them once they appear for all their court dates and the case is complete. Bond also protects the community from potentially dangerous individuals by keeping them incarcerated while their case is resolved.

Numerous concerns have been raised about the monetary system. If a defendant cannot afford to pay their bond they will remain in jail while their case is pending trial or is otherwise resolved simply because they do not have the financial resources to bond out. This can result in the rich being free which the poor remain in jail simply based on economics and not justice or public safety. This also results in defendants who have not yet been convicted of any crime and may very well be innocent spending time in jail, even if they are not a threat to the public and there is no reason to believe they would fail to appear in court. The more time an individual spends in jail the greater the risk they will face negative repercussions in their personal lives, including a loss of employment, housing, and strains on their interpersonal relationships. Having to remain in jail simply because they cannot pay their bond also increases the likelihood a defendant will take a plea deal that may not be in their best interest just to get out of jail sooner instead of remaining incarcerated while they take their case to trial, even if they are innocent. Incarcerating individuals who cannot make bond is also an increased cost to taxpayers. Continue reading

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Unfortunately, events can happen in life that lead to a person having a criminal record. In the State of Florida, criminal records are public record, making the information accessible to anyone who is interested in seeking out the information. Criminal records can also interfere with your ability to find employment, rent housing, and your personal relationships. Having your criminal record sealed or expunged can result in this information no longer being public record, being discoverable in a background check, and may even allow you to legally deny the record ever existed.

What is the difference between having a record sealed or expunged, and are you eligible for either option?

To have a criminal record, you would have first been arrested for a criminal offense. Civil traffic infractions like speeding tickets are not criminal and not eligible to be sealed or expunged. After the arrest, there are a few possible ways the case was resolved: the State may have not filed charges or dropped the case, filed charges but later dropped them (referred to as nolle prosequi), dismissed the case, or a disposition of guilty or not guilty was found. If you were found guilty but adjudication was withheld, this means that the court refrained from actually convicting you of the charge. If you were adjudicated guilty then that is an actual conviction for the crime.

Before you are eligible to have a criminal record sealed or expunged, you must qualify. To qualify, you must have:

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