Drug Offenses & Drug Trafficking

December 6, 2012

In St. Petersburg, the Coast Guard hauls in $45 million worth of cocaine

From The Tampa Times, it looks like the street value of St. Petersburg just got higher…

St. Petersburg became a temporary home to almost 4,000 pounds of cocaine late Wednesday when the Coast Guard unloaded the captured loot. The two tons of coke were confiscated from two vessels near the Dominican Republic. Authorities estimated the value at over $45 million dollars! After the crew had unloaded the drugs, they were shipped via truck to an undisclosed location.

How did this drug bust come about? In late November, a coat guard airplane found another ship carrying over 2,000 pounds of cocaine. When the ship’s crew saw they were being watched, they dumped the cocaine overboard and escaped. The next day, a coast guard cutter came to the scene and began to locate the drug bales along with capturing ANOTHER ship that was carrying a trafficking amount of cocaine. The bales were sent to the St. Petersburg coast guard station where they were unloaded.

Is drug smuggling increasing? In the past six months, Carribean authorities and the coast guard have captured 20,000 pounds of cocaine and 7,000 pounds of marijuana for a total street value of almost 260 million!

The beat goes on…while the coast guard was unloading the cocaine in St. Pete Wednesday, another coast guard cutter captured 5,000 pounds of cocaine on Florida’s east coast. Unfortunately the crew escaped capture.As Pinellas drug defense lawyers, we have seen all sorts of drug crimes, from a simple joint to major drug house busts. What many people may not realize is that just because the drugs were sent to Pinellas county, the criminal case will most likely not occur here. Due to the fact that the drugs crossed state lines and/or international waters, this will likely be a federal criminal drug charge. In federal courts, the potential punishments are much more severe and the rules of criminal defense are different.
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August 15, 2012

Local Teen ran a 20k per month drug ring…

by Blake & Dorsten, P.A.

Like a junior “Scarface” or the plotline from “21 Jump Street”, an Ohio teen is accused of being one of the biggest drug traffickers in Cincinnati. Per an article in the Washington Post, at an age where most boys are getting ready for prom, 17 year old Tyler Pagenstecher pleaded guilty to drug trafficking charges in juvenile court.

Tyler is accused of being a major player in a large marijuana ring, one so large that it was selling over $20,000 of pot per month to fellow students in this Ohio suburb. He has been called everything from “a little czar” to “one of the most successful teenage drug dealers” in midwest history. Per the police report, while adults ran the drug ring, the juvenile drug dealer had six teenage “lieutenants” directly under his control who helped sell the pot. The teen, who admitted selling pot since he was 15, at first stayed off police radar. He avoided selling at school and would only sell from his home. Police eventually got word of him from informants and undercover agents bought drugs off Tyler on two seperate occasions.

Besides Tyler Pagenstecher, seven adults were also arrested and charged with trafficking in marijuana. They are accused of growing weed in suburban homes and a warehouse, using artifical light.

During Tyler’s arrest, police seized over 600 marijuana plants with a cash value of over $3 million dollars! They also seized over $6,000 in cash they found in the juvenile’s bedroom.By the accounts of local teachers, Tyler was a smart student who has achieved cult-like status in his highschool for fooling the police for so long. The prosecutor for the case agrees that Tyler is intelligent and is hoping that he will dedicate himself to going straight.

What would happen to him in Florida Courts?

As Florida juvenile defense lawyers we have handled numerous juvenile cases throughout Pinellas, Hillsborough, Manatee and Pasco counties. The juvenile court system was made in part to help teenagers with bad choices they may make. Normally a case such as drug trafficking might result in years in prison for an adult offender. A juvenile offender may be given a more lenient sentence including probation or even a boot camp option rather then adult prison.

If you have any further questions for the juvenile crime lawyers at Blake & Dorsten, P.A., call us at 727.286.6141 or contact us for a free consultation.
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August 10, 2012

Florida Trooper arrested in Tampa on drug charges.

by Blake & Dorsten, P.A.

From the Tampabay Times, a veteran Florida Highway Patrol trooper has been arrested on prescription drug charges. The trooper, Tampa’s own Ryan Brescia, faces three counts of withholding information from a practioner, a violation of 893.13(7)(a)8.

The trooper is accused of withholding important information from two seperate doctors-one each in Pinellas and Hillsborough county regarding his drug prescriptions. By not telling one doctor that he was seeing another one, he was able to procure a large amount of hydrocodone-acetaminophen. Both doctors claimed they had no knowledge of the other one and had no idea that he was being prescribed other medications.

This addiction cost this trooper his job and may cost him his freedom. This shows that prescription drug addiction can affect people from all walks of life. Just in the past few years alone, major newspapers have written stories about athletes, doctors, lawyers, policemen, rich and poor alike having their lives ruined over the scourge of prescription drugs such as oxycodone.

July 15, 2012

Florida drug laws are ruled constitutional

by Blake & Dorsten, P.A.

Any dwindling hope that Florida drug laws (found in Florida Statute 893.13) would be found unconstitutional took a major (fatal) blow with the Adkins ruling. State of Florida v. Adkins (No.SC11-1878) dealt with the constitutionality of the Florida Comprehensive Drug Abuse Prevention and Control Act. This act provides that knowledge of the illicit nature of a controlled substance is not an element of any offenses under the chapter but that the lack of such knowledge is an affirmative defense.

A court in the 12th circuit ruled it was unconstitutional and began dismissing drug charges such as possession of cocaine or trafficking in oxycodone.

Here in Pinellas County, many St. Petersburg criminal defense lawyers filed what has become known as a Sheldon motion, named after the case. Sheldon, 6:07-cv-00839-MSS-KRS, was a federal case from the middle district court. Sheldon had appealed his earlier drug conviction and argued the changes Florida made to Statute 893.13 in May of 2002 made the statute unconstitutional. By making this change, Florida became the ONLY state in the country to eliminate mens rea, or intent, for drug charges! The court ruled in favor of Mr. Sheldon and these Sheldon motions to dismiss became rather common in the Pinellas and Hillsborough criminal courthouses.

After the middle district case ruling and the subsequent Sheldon motions,
there was a brief time when the courts were not sure how to rule. A few drug cases in Manatee county were dismissed but no Sheldon motions were granted in Pinellas or Hillsborough counties. With this most recent ruling, it appears the Supreme Court in Florida has spoken.
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May 18, 2012

Tampa Bay teacher accused of drug trafficking

by Blake & Dorsten, P.A.

An article in today’s Tampa Bay Times talks about a former Tampa teacher who has been arrested for drug trafficking after he was accused of stealing over 9000 hydrocodone and 7000 alprazolam pills!

The man worked as a technician for CVS pharmacy and took these pills over a period of just over two months. Previously, he had been a teacher at a Lutz high school but the principal has already stated that the man would not be coming back to teach.

This article brings up two important considerations: 1. How this current “pill scourge” can trap anyone and 2. the role of sentencing guidelines for trafficking amounts of illegal drugs.

1. Drug addiction may be more common then you can imagine: As a criminal defense lawyer, I get to see the real cost and face of drug addiction everyday. The common myth is that most drug addicts were always poor, uneducated and from the proverbial “wrong side of the tracks”. In reality, drug addiction can and does strike rich, poor, unemployed, doctors, lawyers, teachers and all professions.

The state of Florida has spent millions of dollars studying the patterns of drug addiction. The most important trend they found was that drug use/addiction has been starting at a younger age. These stats found prescription drugs in particular were being abused at a much earlier rate then just a few years before. This early experimentation that often turns to abuse is what many experts believe is causing the rapid increases in pill addicition.2. Sentencing guidelines for trafficking and the “war on drugs”…what you need to know.

When most people think of drug trafficking, they often imagine a drug kingpin such as “Scarface” or a heavily organized empire selling illegal narcotics. In reality, a person can be charged with drug trafficking not just on a sale but by merely possessing a controlled substance in a sufficient amount to trigger the trafficking charge! With certain drugs, it does not take much at all to be charged with drug trafficking. Florida statute 893.135 goes into great detail about the weights and punishment that may result from its violation.

In particular section (c) shows how few pills it actually takes before the “minimum mandatory” prison time and large fines become reality. This section reads as follows:

(c)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

b. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $100,000.

c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.

In reality four gram’s weight worth of these drugs are not much. This is the weight of 5-6 pills, a weight that could put a person in prison for three years and give them a $50,000 fine! Another important point is that this weight is not just the drug itself, but any fillers it is combined with such as aspirin or mixers! For instance, if a person is caught with 6 MG of oxycodone pills they could be charged with drug trafficking. In reality, the actual amount of oxycodone that would be possessed would probably be well under a gram, the rest would be a combination of fillers and mixers.

Coming up, another blog post will go into more detail about drug trafficking sentences and possible ways to avoid or lessen these “minimum mandatory” sentences.
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May 17, 2012

A Pinellas County pill mill doctor faces the music

by Blake & Dorsten, P.A.

A recent article in the Tampa Bay Times discusses pill mills and the abuse of prescription drugs .

The man, Dr. Sanjeev Grover, was accused of selling prescriptions and pain pills illegally. What finally trapped the “good doctor” was that he sold over 5000 pills to an undercover DEA officer in exchange for $10,000.

Last October, reality finally caught up with Dr. Grover when the DEA arrested him along with several other Tampa area doctors, dealing in prescriptions or pain pills. The result? The doctor has already lost his medical license and can face up to 20 years in federal prison after he pled last March to federal charges of distributing oxycodone.

According to the suspect, his crimes could be boiled down into one word…greed.

During an interview with a local newspaper, the man told the reporter how he ended on his path to ruin. After being raised in India, he moved to the United States and went to medical school. He eventually became a professor at the West Virginia school of medicine. After deciding he needed to spend more time with his family, they moved to Florida in 2004 where he took over a pediatric practice and was hit by reality.

His large overhead and stiff competition resulted in his practice going under and his family losing his home in 2008. He did not know what he was going to do until a fellow medical professional offered him a job at a local pain clinic. Expecting a legitimate medical practice, what he found shocked him.

Patients from all over the country and state. Nonspecific complaints, such as a “sore neck” or “sore back”. Constant begging for oxycodone or other prescription drugs. By the time the doctor realized he was working at a so called “pill mill”, it was too late. Making easy money of $5,000 or more per week proved too hard to resist.

In December 2010, Dr. Grover learned about a new pill mill in Palm Harbor. He began to work there, unaware that the feds were watching this business closely. The clinic was finally shut down in January, in part due to Dr. Grover’s actions.
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May 4, 2012

Florida Drug Offender Probation: What you need to know BEFORE agreeing to the terms.

by Blake & Dorsten, P.A.

Many Florida residences are often accused of crimes involving the illegal possession of controlled substances defined under Florida Statute section 893.13. Often people accused of these crimes are first time offenders or have often score non-state prison under the sentencing guidelines. Citizens scoring non-state prison are eligible for a term of probation that includes supervision by the Department of Corrections. A term of probation is often a very appealing offer from the State Attorney’s Office because in can used in place of jail or a prison offer or insure that the client is not a convicted felon. However, many people are placed on drug offender probation for drug offenses without knowing the strict conditions imposed during the super vision period. Additionally, people do not fully understand the ramifications of violating drug offender probation. It is essential that people placed on probation understand the requirement and the consequences of the supervision BEFORE he or she agrees to go on probation.

Drug offender probation is defined in Florida statute section 948.20. If it appears to the court upon hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of Florida statute section 893.13(2)(a) or (6)(a), the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt; and, in, either case it may stay and withhold the imposition of a sentence and place a defendant on drug offender probation. This allows people accused of drug crimes to plea to the charge and not be a convicted felon. However, strict requirements must be followed. Under Florida Statute 948.20(1) drug offender status shall include surveillance AND random drug testing.

What does this mean? If you agree to a term of probation, the probation officer will have the opportunity to search your house at any time without first obtaining a warrant from a Judge. This means at any time for any reason, your probation office can show up to search for any illegal items. You have essentially waived your rights to unlawful search and seizure afforded by the constitution. Second, under Florida Statutes you are REQUIRED to be randomly drug tested. You can expect to check into a website on a daily basis and if your number is called you must provide a sample of your urine. Failure to do so in a timely manner may violate your probation.

Additional conditions of drug offender probation may include a curfew from 10pm to 6am. Probationers may not leave the county without permission of his or her probation officer. Client’s placed on probation must pay $55 per month in costs of supervision. All financial requirement including fines and court costs MUST be paid by the end of the term. Failure to do so may result in a violation of probation warrant.Any violation of these terms of conditions will lead to a violation of probation warrant issued for your arrest. Once the warrant is issued, you will be entitled to a bond and will be held in custody on a zero bond status. This means no matter how much money you may have you are not eligible to be bonded from jail. You may be plucked from your home or car and be sitting in the jail for days or weeks before a Judge agrees to give you a bond. In many cases, if you violate your probation you may do more jail time than originally offered for your sentence.

Before you decide to take a probation sentence, be familiar with the terms and requirements BEFORE you agree to take the deal. In many cases, people serve longer jail sentences on a violation of probation than the jail offer on their original charge. Agreeing to be placed on probation can be a wise decision. It may keep you from being a convicted felon and could keep you out of jail. However, be aware of the strict conditions imposed on probation. Understand that any violation of probation can land you in jail without the possibility of bonding out. It is important to realize that people often serve longer jail sentences for a violation of probation charge than on the offer on the original underlying drug charge. If adjudication was withheld, an admission of the violation of probation will erase all the hard work and effort to keep from being a convicted felon.
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September 27, 2011

NEW PORT RICHEY: “Operation No Appointment Necessary” Rounds Up Dozens of Suspects in Multi-County Prescription Drug Sting

by Blake & Dorsten, P.A.

According to a story in today’s St. Petersburg Times, dozens of suspects have been rounded up (and dozens more are still wanted) in a multi-county prescription drug operation known as “Operation No Appointment Necessary.”

The St. Pete Times reports the following:

The phony prescriptions were printed out on a home computer and passed out to “runners” who got them filled at local pharmacies.

September 15, 2011

BROOKSVILLE: Oxycodone was Motive for Son Killing His Father

by Blake & Dorsten, P.A.

A jury in Hernando County Florida finds son Guilty of First Degree Murder for killing his father, in cold blood, over the popular (and deadly) drug Oxycodone.

In a Brooksville courtroom, Assistant State Attorney Pete Magrino gripped the Revelation 12-gauge, sawed-off shotgun and pointed it at the courtroom wall, just feet from the jury.He pumped the slide on the shotgun, then pulled the trigger. Pump. Click. Pump. Click. Pump. Click.

“Ivan Horne was shot four (4) times. I don’t know how fast or slow the defendant cycled this shotgun when he murdered his father,” Magrino told jurors Thursday, pointing at the 20-year-old man sitting at the defense table. “We’re not talking one shot.”

August 22, 2011

SEMINOLE: $10,000 Bail for Mom Accused of Trying to Sell Her Son

by Blake & Dorsten, P.A.

A rather disturbing story was featured in today’s St. Pete Times about a Seminole mother who tried to sell her son for $2,000 because of her addiction to prescription drugs.

The 5-year-old boy was excited to start kindergarten Tuesday in Tampa.

Jim and Betty Gardner, who have helped raise the boy since he was an infant, were working hard to prepare him by establishing a morning routine.

Now, they’re worried how his first school year will begin.

The child was taken into protective custody Saturday after authorities arrested his mother and accused her of trying to sell him to the Gardners for $2,000.

Jessica Mickles Beers, 28, whose last known address was in Seminole, was charged with Felony Sale of Parental Rights along with a Violation of Probation (VOP) on her pending Grand Theft charge. At her First Appearance Hearing on Sunday, bail was set at $10,000.Gardner, 58, said he and his wife met Beers when the boy was just a few months old after she called their church for assistance. They took food and diapers to her.

Beers essentially was homeless, but was living with other people. She asked to move in with the Gardners and they agreed, Gardner said.

For the next five (5) years or so, the Gardners, who have fostered numerous children over the years, helped take care of Beers and her child.

About two years ago, Beers began talking about having the couple take guardianship of her son but never followed through with it. Early Saturday, Gardner said, Beers called him and offered to sign away her parental rights if the Gardners would pay her $2,000.

“It was money or else …” Gardner said. “I thought ‘Whoa, that’s illegal.’ “He contacted the Pinellas County Sheriff’s Office (PCSO), which arrested Beers at a Seminole grocery store when she came to collect the cash.

The child was not with Beers, but she told authorities where he could be found, Gardner said. Gardner said he believes Beers is addicted to prescription drugs.
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