Ft. Myers Criminal Defense Law Blog

Over 30 people have been arrested in Southwest Florida in the last few days as a result of an online sting coordinated by several area law enforcement agencies including the Lee County Sheriff's Office.  Dubbed "Operation Intercept", police logon to chat rooms and impersonate children in an attempt to convince others to drive to meet with them. 

Many of the arrests have already taken place when individuals arrived at pre-designated meeting locations.  Our firm has represented individuals in this position before, including some featured on the show "To Catch a Predator".  "Entrapment" may be one defense available in this situation.  An experienced attorney can evaluate what defenses may be applicable.  At Aiken, O'Halloran & Associates, we are not here to judge you.  We are here to defend you.

Many arrests in this operation may be forthcoming for people who had some sort of conversation online but never drove to meet anyone.  If you fit this description and fear you may soon be subject to arrest, the most important thing to remember is to EXERCISE YOUR RIGHT TO REMAIN SILENT.  Even confirming the most mundane details can give police what they need to secure a conviction when they might otherwise be unable to do so. 

Grow houses continue to be the main source of marijuana although lately,  synthetic marijuana is still on the rise.  When is the last time your read about anybody smuggling a load of pot in a boat from Columbia or Jamaica?  Years ago U. S. Customs, the DEA and the Coast Guard would make huge busts weekly on the high seas of go-fasts, shrimpers and freighters hauling tons of weed into Ft. Myers, Punta Gorda and Tampa.  That is a thing of the past.

With several generations of pot smokers creating an enormous demand for quality pot, grow housed exploded onto the scene.  Unlike smuggling, there was little investment needed to set up a hydroponics operation.  As the price of weed went up more and more people turned to growing it in neighborhoods.  At least the money was staying here at home and not going South.  In Leheigh, Port Charlotte, Gateway and other areas where there was a glut of empty houses it was simple to set up even a small operation.

The police and sheriff responded with each agency targeting ways to detect and arrest people running the grow house operations.

The cops looked for the tell tale signs which usually included an increased electricity bill, unusual activity, a strong odor of marijuana and houses that had the windows blacked.  The growers responded by diverting electricity and bypassing the meter and making the houses appear to be lived in.  Most of the operations I have seen as a criminal lawyer involve a husband and wife or a couple.  These the cops refer to as the "farmers" since most of the cultivation of marijuana cases are backed financially by people from Dade County.  Although the law requires a Search Warrant, many time the police ask for consent to search or simply create some other reason to enter the house.  The sometimes call this a "welfare check" and claim they have concerns for the safety of the occupants.

When the houses are busted the occupants are charged with cultivation, possession with intent and trafficking in Marijuana depending on the quantity involved.  Our law firm over the years has defended the farmers, the backers and many times people arrested for simply transporting marijuana.  The answer to this problem is not more law enforcement, longer sentences and more people in our prison system.  The answer is to legalize marijuana for personal consumption and let smokers grow their own weed.  Medical marijuana is a first step but ultimately, given the high percentage of people that smoke, our lawmakers need to wake up and decriminalize possession of small quantities of pot.

As a drug lawyer and Ft. Myers criminal defense attorney that might hurt my business but in the long run be better for our society.  Write your Congressman or Senator and tell them what you think.  In the meantime, you have the right to remain silent and the right to an attorney.  If you ever hear those words, shut up and call for a free consultation.

Regrettably the crackdown of prescription medication, particularly opiates like Oxycondone, Oxycontin, Percocet and Vicodin has had a terrible side effect.  As the price of "Blues" goes up due to the reduction in supply, people addicted the pills have turned to shooting heroin or snorting heroin.  Heroin on the street now goes for as little as ten to fifteen dollars a bag.  As a criminal defense lawyer in Ft. Myers, I am saddened to see people switching from pill to heroin.  The more the police crackdown on the numberous pill mills an doctor shopping, the greater the heroin epidemic.

I spoke with an addict in jail today charged with burglary and grand theft.  He was stealing to support his $1000 a day heroin habit.  He originally became addicted when one of the pain management doctors wrote him script after script for Oxycodone.  Once the Oxycodone became unavailable he switched to the cheaper and more available hard stuff.  Now he has tracks in his arms and is sitting in jail looking at State Prison on burglary of a dwelling and theft.  The police need to provide an alternative when the supply of Oxys is cut off.  Many people are turning to the Internet to get Opiates.  They are led to believe that the DEA cannot track them.  Think again!  The Feds are tightening the noose on the offshore pill suppliers and I promise you, they can track your order right to your door.

If you are addicted and if it is ruining your life you need help.  If you have been arrested for possession of a controlled substance or trafficking in Oxycodone because of the quantity you got caught with, I may be able to help you negotiate a non jail sentence.  You need help, not prison.  I have been in the criminal justice system all my adult life as an agent, prosecutor and for the last 25 years a practicing experienced criminal defense attorney.  I help people from the Cape to Leheigh.  There is no charge for a free telephone consultation.  Call today before you get busted and explore your alternatives

In what appears to be a first in Florida, a Jupiter detective assigned to the DEA task force arrested a man in Palm Beach County for possession with intent to distribute synthetic marijuana.  The DEA lab allegedly tested the synthetic pot and found it to be an analogue of a banned chemical.  An informant bought 50 one gram packets (a whopping two ounces) of "Mr. Nice Guy", "Mary" and "Afterlife" for three hundred dollars.  The man arrested now faces up to five years in prison.

This appears to be the beginning of a crackdown on people selling and manufacturing K-2 and Spice and other similar chemical substances sprayed on herbs and sold as synthetic pot.  The synthetic pot apparently does not show up on typical drug tests and its use has exploded in the last two years.  The manufacturers are trying to stay ahead of the DEA and the Florida legislature by constantly changing the chemical compound.  The DEA got a one year emergency ban on some substances and now is in a second six month extension period while they struggle to find a permanent solution.  The DEA claims that the synthetic marijuana is more dangerous.  As a criminal defense attorney I am at a loss to understand the logic of the Federal Government.  As more and more States legalize possession of small quantities of marijuana, the Feds in cracking down on real marijuana simply push people into trying and using the synthetic version.  Basically the enforcement of the laws against regular pot has created the problem with synthetic pot.

The DEA has promised to come down hard on the distributors and manufacturers and threatens to go after the largest actors in the very near future.  The problem now is that many stores have substances on their shelves and the owners do not know if the substance is legal or not.  There is a tremendous market on the Internet and the manufacturers themselves are struggling to stay within the limits of the law.  One thing is for sure, more arrests are coming.  I will be posting a list of the banned chemicals in an upcoming blog, but short of hiring a chemist, how do you know if you are violating the law.  If you have comments, feel free to post them to this blog or contact my criminal defense firm either by phone or email.