Seal or Expunge Your Record

Sealing & Expungement

What does it mean to get my record sealed or expunged?
By having your record sealed or expunged, the record of your arrest and the case against you will be removed from public record. You will also be permitted to legally deny or fail to acknowledge that you were even arrested in most circumstances. By retaining our firm to represent you, we will represent you through every stage of the sealing / expunging process. We will first determine whether you are eligible before we charge you for your representation.

What is the effect of having my record sealed?
A sealed record is confidential and no longer a matter of “public record.” The record would only be available to you, your attorney, to a criminal justice agency for their respective criminal justice purpose, to the Florida Bar if you become a candidate for admission, to the Department of Children and Family Services or the Department of Juvenile Justice if you are seeking employment or seek to become a contractor or licensee of one of these agencies, or if you are seeking to become a teacher or seek other specified employment with the Department of Education, district school board or other local governmental entity which licenses child care facilities. Once your record is successfully sealed, you may lawfully deny or fail to acknowledge the arrest unless you are applying for or are the subject of one of the previously mentioned situations.

What is the effect of having my record expunged?
An expunged record is physically destroyed or obliterated by any Criminal Justice Agency having custody of such record. Any criminal history record in the custody of the Florida Department of Law Enforcement is retained pursuant to Florida Statue. The retained record is confidential and exempt from public record and not available to any person or entity except upon order of a court. Once you record is expunged, you may lawfully deny or fail to acknowledge the arrest covered by the expunction unless you are a candidate for employment with a criminal justice agency; you are the defendant of a subsequent criminal prosecution; you are concurrently or subsequently petitioning for a sealing or expunction; you are a candidate for admission to the Florida Bar; you are seeking employment of licensure or to contract with the Department of Children and Family Services or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly; or you are seeking to be employed or licensed by the Office of Teacher Education, Certification, Staff development, and Professional Practices of the Department of Education, any district school board, or any local governmental entity that licenses child care facilities.

Can I have all of my criminal offenses sealed or expunged?
The courts may only order sealing or expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity. Let us help you determine whether you are eligible for the sealing or expunction of your record free of charge. A criminal history involving a plea to a violation of any of the following sections may not be expunged:

• Luring or enticing a child
• Sexual battery
• Procuring person under 18 for prostitution
• Lewd and lascivious upon or in the presence of a person under 16
• Communications fraud
• Lewd and lascivious upon or in the presence of elderly or disabled
• Sexual performance by a child
• Offenses by public officers and employees
• Protection of minors; prohibition of acts in connection with obscenity
• Computer pornography
• Selling or buying of minors
• Trafficking
• Arson; Aggravated assault
• Aggravated battery
• illegal use of explosives
• Child abuse or aggravated child abuse
• Abuse of an elderly person or disabled adult or aggravated abuse of an elderly person or disabled adult
• Aircraft piracy
• Kidnapping
• Homicide; Manslaughter
• Robbery ; Home invasion robbery
• Carjacking;
• Lewd and Lascivious or indecent assault upon or in the presence of a child under 16
• Sexual activity with a child 12 or older but under 18
• Burglary of a dwelling
• Stalking and aggravated stalking;
• Act of domestic violence
• Act of terrorism; or Attempting or conspiring to commit any such crime.

Am I eligible to get my record sealed?
If you have never been adjudicated guilty of a criminal offense; have not been adjudicated guilty or adjudicated delinquent for committing any act stemming from the arrest or criminal charge which you wish to seal; you have never secured a prior sealing or expunction of a criminal record; you are no longer under court supervision applicable to the disposition of the arrest or criminal charge which you wish to seal; and you did not enter a plea to one of the above listed offenses, you should be eligible to have you record sealed. Let us help you determine if you are eligible to have you record sealed, free of charge.

Am I eligible to get my record expunged?
If you have never been adjudicated guilty of a criminal offense; you have never been adjudicated guilty or adjudicated delinquent for committing any of the acts stemming from the arrest or criminal charge you wish to have expunged; you have not secured a prior sealing or expunction of a criminal record; if no charging document was filed or issued in the case; or if an indictment or information was filed, the charge was dismissed or nolle prosequi by the state attorney or statewide prosecutor or was dismissed by the court; and you did not enter a plea to one of the above listed offenses you should be eligible to have you record expunged. Let us help you determine if you are eligible to have your record expunged, free of charge.

Restoration of Civil Rights

If you have been convicted of a MISDEMEANOR or had an ADJUDICATION WITHHELD you may be eligible to have your record sealed or expunged and protect the privacy of your conviction.
If you have been convicted of a FELONY in Florida you may be eligible to receive a form of clemency that absolves you from all or part of the punishment that your conviction previously bestowed upon you. The eight types of clemency available are: a full pardon, a pardon without firearm authority, pardon for misdemeanor, commutation of sentence, remission of fines and forfeitures, specific authority too own, possess, or use firearms, restoration of civil rights and restoration of alien status under Florida law. The governor has the absolute discretion to deny clemency at any time, for any reason, and has absolute discretion to grant clemency at any time with the approval of at least two members of the clemency board.

Each type of clemency procedure is substantially similar, however there are different types of eligibility requirements for each different form. Some forms require the applicant to attend a hearing in front of the clemency board, while with other forms of clemency presence at the hearing is optional.

Full Pardon: this unconditionally releases a person from punishment and forgives guilt for any Florida convictions. It restores to an applicant all of the rights of citizenship possessed by the person before his or her conviction.
Pardon Without Firearm Authority: This releases a person from punishment and forgives guilt. It entitles an applicant to all of the rights of citizenship except the specific authority to own, possess or use firearms.

Pardon for Misdemeanor: This releases a person from punishment and forgives guilt.
Commutating of Sentence: This may adjust an applicant’s penalty to one less severe but does not restore any civil rights including the right to own, possess, or use firearms.

Remission of Fines and Forfeitures: This suspends, reduces, or removes fines or forfeitures
Specific Authority to Own, Possess, or Use Firearms: This restores to an applicant the right to own, possess, or use firearms, which were lost as a result of a felony conviction. No requests can be made if the conviction was in a federal or out-of-state court.
Restoration of Civil Rights in Florida: This restores a person’s civil rights, including the right to vote and receive certain state licenses, but does not include the right to own, possess, or use firearms. This does not relieve a person from any obligations imposed by law upon sexual predators or sexual offenders.

Restoration of Alien Status Under Florida Law: This restores rights to a person who is not an American Citizen that were lost due to a conviction, except the right to use, own, or possess firearms. This does not affect the immigration status of an applicant.

Misdemeanor Offenses

Trespassing

Trespassing occurs when one, without being authorized, enters or remains in any structure or conveyance, or after being invited is warned by an authorized person to depart, and refuses to do so.
A trespassing charge can be enhanced if there is a human being in the structure at the time of the trespass, the property is school grounds, or the offender is armed.

Often times there are issues with this charge as to whether a proper warning was given, whether a clear refusal was made, whether an authorized person made the warning, and whether the location of the alleged offender was unauthorized. Contact The Rickman Law Firm and we will work through the facts of your arrest to determine whether or not the State of Florida can support each element of the crime with the facts of your arrest.

Disorderly Conduct

Disorderly Conduct occurs when one commits an act that is of the nature to corrupt the public morals, outrage a sense of public decency, constitute a breach of the peace, or affect the peace and quiet of persons who may witness them, or engage in brawling or fighting.

Often times a person is arrested under this charge and First Amendment issues arise. Despite its interpretation as “corrupt” or “indecent” profane and indecent speech is protected. Anthony Rickman will review the facts that lead to your disorderly conduct arrest and determine if the “act” or “statement” is protected by the United States Constitution or otherwise defendable under Florida Law.

Alcohol Offenses

Selling Alcohol to Underage Persons and Underage Possession of alcohol are two of the most common alcohol offenses. Selling alcohol to an underage person is a second degree Misdemeanor and if convicted, the court can revoke or suspend the driver’s license of a person, unless they were acting as a license. A licensee has a complete defense to the crime if the person falsely evidenced that he or she was of legal age and the appearance of the person was such that an ordinarily prudent person would believe him or her. Additionally if the underage person misstates their age for the purpose of obtaining alcohol then they can be charged with a second degree Misdemeanor.

If an underage person is found to be in possession of alcohol then they will be charged with a second degree misdemeanor if it is their first offense and a first degree misdemeanor if it is their second offense. If the person is under 18 years old at the time of the arrest, and is subsequently convicted, then their driver’s license is automatically revoked.

Solicitation / Prostitution

A solicitation or prostitution charge can be embarrassing and damaging to not only the arrestee but also his or her family. Contact the attorneys at The Rickman Law Firm to evaluate the facts surrounding your arrest and determine what legal defenses or mitigating circumstances are available to support your defense.

Theft Crimes

Theft / Fraud

A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with the intent to either temporarily or permanently deprive the other person of a right to the property or appropriate the property to his or her own use or to the use of another not entitled to it.

Depending on the value of the property taken, the location of the property, and the victim the potential sanctions will vary. If you have prior theft convictions, the “degree” of theft that you will be charged with will increase. For example if you have been convicted for theft two or more times, your third petty theft arrest, will be a 3^rd Degree Felony. If the victim is over 65 years old and you are convicted of the theft, your sentence could have an additional requirement of up to 500 hours of community service.

If found guilty of any misdemeanor violation, the court could order the suspension of your driver’s license on your first conviction, and will issue a suspension if it is your second conviction.

Grand Theft 1^st Degree

• When the value of the property is $100,000.00 or more or is $50,000.00 or more and has entered the stream of commerce.
• When in the course of the theft a motor vehicle is used as an instrumentality and damages the property of another, or the offender damages the personal or real property of another in excess of $1,000.00.

Grand Theft 2^nd Degree

• When the property stolen is valued between $20,000.00 and $100,000.00, or is less than $50,000.00 and has entered the stream of commerce
• When the property is valued at $300.00 or more and is emergency medical equipment or law enforcement equipment
• When a person coordinated the activities of one or more persons in committing theft when the value of the property is over $3,000.00.

Grand theft 3^rd Degree

• When the value of the property is valued between $300.00 and $20,000.00
• When the property is a will, codicil, firearm, motor vehicle, commercially farmed animal, fire extinguisher, or stop sign.
• When the value of property is between $100.00 and $300.00 and is taken from a dwelling

Petty Theft 1^st Degree

• When the property is valued between $100.00 and $300.00

Petty Theft 2^nd Degree

• When the property is valued under $100.00
• When the property is gasoline dispensed into a fuel tank and no payment has been made. (Please Note if found guilty, your driver’s license will be suspended for 6 months to a year depending on your prior convictions.)

Forgery / Worthless Checks

Whoever falsely makes, alters, forges or counterfeits a public record, attestation, deed, will, bond, letter of attorney, receipt for money, etc… or if a person utters a forged, altered document, knowing the same to be false he or she will be charged with a third degree felony.

Whoever draws, makes, utters, issues, or delivers to another any check, draft, or other written order on any bank or depository, for the payment of money, knowing that there was not sufficient funds on deposit or with such bank, with which to pay the same, will be charged with a first degree misdemeanor if the amount is under $150.00, but if the value is greater, then he or she will be charged with a third degree felony.

By Statute, payment of the dishonored check does not constitute a defense or ground for dismissal.

Criminal Traffic Charges

HIT AND RUN/ LEAVING THE SCENE OF AN ACCIDENT

Florida Statute 316.061 requires the Driver of any vehicle involved ina crash resulting in damage to a vehicle or other property to stop at the scene of the accident and to remain at the scene until satisfying the requirements mandated by law. The Driver must provide his/her full name, address, contact information, insurance information and license information if available. Failure to do so constitutes a misdemeanor of the Second degree. If the accident resulted in injury or death the penalties are more severe. A driver Has a duty to aid any injured person involved in the accident.

DRIVING WHILE LICENSE SUSPENDED 

DWLS, DWLSR, Driving with a Suspended License, Driving with a Revoked License — all of these charges are synonymous and all can cause continuous problems with your driving privilege if you don’t take care of the citation or arrest and clear up whatever matter has caused your license to be suspended. Allow us to review your case and your driving history to help you get your driving privilege back and avoid further problems.

Often times, upon receiving citations for traffic infractions, an individual may elect to pay the citation without hiring a lawyer and without attending a driving school. Doing so can cause points to be assessed on your driving record. An accumulation of points can cause a suspension of your driving privilege preventing you from being able to drive for a period of time. Let us review your driving history to advise if we may be able to help you in removing some of the points previously assessed on your license. We may be able to file a motion before the appropriate court and request a withdrawal of your plea if you were uncounseled and did not know the ramifications of your actions.

A citation for Driving with a Suspended License Without Knowledge is an infraction and not a crime. However, subsequent offense can lead to a revocation as a Habitual Traffic Offender. Three counts of DWLS and/or DUI within a 5 year period with accompanying adjudications as designated by the statute will trigger DHSMV to administratively designate you a Habitual Traffic Offender and suspend your driving privilege for 5 years. It is important to seek counsel whenever charged with Driving with a Suspended License whether With or Without knowledge. Receiving a withhold of adjudication on a citation for Driving with a Suspended License Without Knowledge can help avoid future problems. We can help you with a current or past citation. The sooner you address the matter, the better.

Even if you were not physically arrested, the citation fir suspended license with knowledge requires a mandatory court appearance and technically constitutes an arrest. The experienced lawyers at our firm can help you address this matter. We will attend court on your behalf and help achieve the best possible resolution on the case. We will also review your driving history and advise you on the best way to get your license back to a valid status and avoid future problems. Multiple charges and convictions for Driving with a Suspended License can lead to a Habitual Traffic Offender designation and a 5 year license revocation.

In addition to Driving with a Suspended License With Knowledge, many other traffic citations are issued for criminal matters even though the officer may not conduct a physical arrest (i.e., attaching tag not assigned, reckless driving, expired tag over 4 months, and several others). Having legal representation is extremely important to make sure your rights are protected and you receive the fairest possible treatment on these matters.

It is important to know that byy paying the citation at the clerk’s office, the resolution of the citation can result in a conviction which may cause problems in the future if you are cited or arrested for subsequently Driving with a Suspended License. Even if you reinstate your license now, a future suspension and future charge could trigger a Habitual Traffic Offender revocation and consequently a 5 year license revocation. Any suspended license charge in the next 5 years could lead to further problems. It is important to seek the advice of counsel on the first instance of Driving with a Suspended License to get your license back in order and avoid future problems. We will review your driving history to assist you in reinstating your license.

RECKLESS DRIVING

Any person who drives any vehicle in Willful or wanton disregard for the safety of persons or property is guilty of Reckless Driving. Upon a First conviction, a driver could face up to 90 days in Jail. For a second conviction, a person could receive up to 6 months in jail. Reckless driving can also be used as a reduction from a DUI case to a reckless driving as part of the negotiations with the State Attorney’s office.

TRAFFIC CITATIONS 

We have all been there…the lights go on, your heart starts pounding, then your pulled over and slapped with the costs and burden of a traffic ticket. Whether you were speeding, failed to follow the direction of a traffic device, or committed any other minor traffic infraction, the ramifications can be arduous. Often times with the accrual of any driving record points, an automobile insurer will raise your insurance rates. What starts off as a $100.00 ticket can turn in to a lifetime of increased insurance costs. There is no case too small for our attorneys to handle. For a nominal fee we will go to court on your behalf to mitigate the effects that the ticket will have on your driving record and subsequently with your automobile insurance. Call us within 30 days of receiving your ticket and we will begin working towards getting your points removed or your ticket dismissed.

Points

Per Fl. Stat. 322.27, there is an established point system for evaluation of convictions of motor vehicle laws for the determination of the continuing qualification of any person to operate a motor vehicle. Depending on the amount of points that you have accumulated your Drivers License could be suspended anywhere from30 days to a year.

• Reckless Driving- 4 points
• Leaving the scene of a crash- 6 points
• Unlawful Speed resulting in a crash- 6 points
• Passing a stopped school bus- 4 points
• Unlawful Speed not in excess of 15 mph- 3 points
• Unlawful Speed in excess of 15 mph- 4 points
• A violation of a traffic control signal- 4 points
• All other moving violations- 3 points
• Any moving violation, except unlawful speed, resulting in a crash- 4
• littering on a highway- 3 points
• Interfering with a traffic control device- 4 points

Suspension Periods

Per Fla. Stat. 3232.27, a person will lose their Drivers License if they have accumulated the following amount of points in the corresponding time period:

• 12 points in 12 months – 30 day Drivers License Suspension
• 8 points in 18 months- 3 month Drivers License Suspension
• 24 points in 36 months- 12 month D

Habitual Traffic Offenders

A habitual traffic offender is any person whose record, as maintained by the DHSMV , shows that such person has accumulated the specified number of convictions in a 15 year period. You can become habitualized if you either

1) Have 3 or more convictions of any of the following: Voluntary or Involuntary Manslaughter, a felony conviction in which a motor vehicle was used, DWLSR, failing to stop and render aid at a motor vehicle crash resulting in the death or personal injury to another, or driving a commercial vehicle while your privilege was disqualified.

2) Have 15 convictions for moving traffic offenses for which points may be assessed.

Under Fla. Stat. 322.331, if a person has lost their Drivers License due to Habitual Traffic Offender Status, he or she may petition the Department for a restricted Drivers License after 1 year has passed since the date of revocation, or after 5 years have passed, one may petition for full driving privileges. However, upon reviewing your driving record, we may determine that we are able to remove one of your prior convictions for DWLSR, and thus remove you from the Habitual Traffic Offender Classification.

If you have a “Business Purposes Only” drivers license, then your driving privilege is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes. If you have an “Employment Purposes Only” drivers license, then your driving privilege is limited to driving to and from work and any necessary on-the-job driving required by an employer or occupation.

Injunctions & Restraining Orders

An injunction is also known as a restraining order and can be granted for Repeat Violence, Domestic Violence, Dating Violence or Sexual Violence. An injunction is a court order preventing contact between two or more individuals. A violation of the injunction can lead to criminal prosecution. If you have been served with an injunction it is important that you contact an experienced attorney to represent you and fight against these allegations.  Who better to fight an injunction in your behalf or seek an injunction for you then a former domestic violence prosecutor.  Anthony Rickman a former Domestic Violence prosecutor has handled hundreds of injunctions in court where he has received favorable results for his clients.  Contact Anthony today for a free consultation.

Representing the Respondent: 

The injunction is set for a hearing where you have the opportunity to address the matter before a Judge. If you simply ignore the injunction hearing, the Judge will likely grant the petitioner’s request for an injunction. You have the right to cross examine the petitioner and all witnesses called to testify. You also have the right to testify and call witnesses who may have relevant testimony to convey to the court. If an injunction is granted against you, some of your constitutional rights may be affected. The court can order you to relinquish all firearms and your freedom of movement may be restricted if a court restricts locations you may go in relation to the petitioner. We can assist you in evaluating the petition of injunction and prepare for the hearing. We will serve as your counsel at the hearing cross examining witnesses and objecting to irrelevant or legally inadmissible testimony. We will also present your case to the court and call witnesses on your behalf who may have relevant testimony to offer. We will make arguments to the court on your behalf protecting your interests and protecting your legal rights.

An injunction will remain in full force and effect until modified or dissolved by the issuing court. Neither party may change the terms of the injunction without a court order. However, either party may move at any time to modify or dissolve the injunction.

Your constitutional rights apply through the injunction process. You have the right to a hearing before a court prior to the entering of a permanent injunction. You have the right to challenge an injunction already issued by a court. You have the right to cross examine any witnesses against you. All rules of evidence apply to injunction hearings. A court cannot grant an injunction based on hearsay or other irrelevant or legally inadmissible evidence. We will see to it your rights are protected.

Representing the Petitioner: 

You may apply for an injunction if you are the victim of Repeat Violence, Domestic Violence, Dating Violence or Sexual Violence. If you have experienced any of these situations, we can help you apply for the appropriate injunction and continue our representation of you through the court proceedings.

We can help you file an initial petition for injunction for protection. The party filing for the injunction is called the “petitioner”. A sworn statement is submitted to the clerk’s office for review by a County Court Judge. The Judge will determine whether the sworn statement contains sufficient evidence to grant a temporary injunction. We will ensure all documents are in order and help you determine if an injunction is appropriate for you situation. The case will be set for hearing as both parties have the right to be heard in court. If the temporary injunction is granted, the Sheriff’s Office will serve the injunction on the opposing party, known as the “respondent”. The temporary injunction will be accompanied by paperwork advising both parties of the date and time of the hearing. If either party fails to appear, the outcome may be affected to that party’s detriment. In some cases, the Judge may not grant a temporary injunction but will set a hearing to gather more information and determine whether to grant a permanent injunction. We will appear with you for the hearing. We will make arguments to the court on your behalf and cross examine any witnesses on the opposing side. We will stand by you at every stage of the process. The Judge will hear arguments at the hearing to determine whether to issue a permanent injunction.

Violation of Domestic Violence Injunction:

A violation of an injunction is a first degree misdemeanor. A person found to have violated a civil injunction can face criminal prosecution. A person who willfully violates an injunction by refusing to vacate a dwelling pursuant to court order; by going to a residence, school, place of employment, or specified place regularly frequented by the other party; by committing a new act of violence; by any other violation of the injunction through an intentional threat, word or act to do violence; or by telephoning, contacting, or otherwise communicating with the other party directly or indirectly can be found in violation of the injunction.

If you have been served with an injunction or restraining order, or want to be protected by an injunction contact Anthony Rickman for a free consultation.

Sale/Delivery of Drugs

Sale/Delivery of Drugs

Under Florida law it is a crime to sell delivery or manufacture illegal drugs. Sale or delivery of illegal drugs such as cocaine, heroin, and methamphetamine as prescription drugs such as Xanax, Roxicodone or Oxycodone is Second Degree Felony punishable by up to 15 years in prison and 15 years probation. Where you allegedly sold the drugs matters in cases involving the sale of illegal drugs. If you are accused of selling or delving drugs within 1000 feet of a school, church, or convenience store your charge could be upgraded to a first degree felony where you face the possibility of 30 years in prison and with a minimum mandatory sentence of 3 years in prison.

If you have been accused of selling or delivering drugs, it is important that you contact an attorney you can trust to aggressively defend you and analyze your case. If you hire Anthony Rickman he will review every aspect of your case to determine if the police violated your rights by unlawfully searching you, illegally questioning you, or entrapping you into committing the offense. Anthony will look at the evidence against you and how the state and police conducted their investigations. Often sale and delivery cases are made by confidential informants and undercover officers Anthony will exploit the defects in the State’s case, their witnesses, and the allegations to achieve a favorable outcome for you in court.

Contact me today for a free consultation.

Marijuana Offense

Marijuana Offense

Despite the current trend to decriminalize Marijuana; possession, sale, manufacturing, and delivery of marijuana is still illegal in the State of Florida. If you have been arrested for possession of marijuana the type of charge you face could depend of the weight of the marijuana you posses, the way the marijuana was packaged and whether you were selling delivering, or growing the marijuana. Additionally, if you are convicted of possession of marijuana your Florida License will be suspended. If you have been charged with any of the following marijuana related crimes contact The Rickman Law Firm for a Free Consultation.

Possession of Marijuana:

The crime of possession of marijuana less than 20 grams is a first degree misdemeanor punishable by up to one year in the county jail and up to one year of probation. Possession of more than 20 grams of Marijuana is a felony which is punishable by up to five years in prison and 5 years of probation. If convicted you will lose your license for one year.

In order to prove possession of marijuana the State of Florida must prove that you either (1) actually possessed the drug or (2) constructively possessed the drug. To prove constructive possession the state will have to establish that you had (1) dominion and control over it (2) knowledge of its presences and (3) knowledge that it was marijuana. If the State cannot prove that you possessed the marijuana your charge nay be dismissed.

Often times a possession of marijuana charge comes as a result of n illegal search or seizure by law enforcement. These seizures can occur if your vehicle was illegally stopped, you unlawfully searched, or you were questioned without being advised of your Miranda rights.

Possession with intent to Sell/Delivery of Marijuana:

Sale or delivery of Cannabis is a Third Degree Felony punishable by up to 5 years in prison and 5 years of probation. No matter how much the marijuana weighs, it is still a felony to sell or delivery cannabis. Often times defendants are charged with possession with intent to sell cannabis based on how the drug us carried or packaged. You should know that the mere fact that the marijuana may have been individually packaged does not mean you are guilty of possession with intent to sell. Also the mere weight of the package in and of itself will not subject you a conviction for possession with intent to sell.

Cultivation of Marijuana:

The Crime of cultivation of Marijuana is committed when a person grows or cultivates cannabis. It is important to note that Florida Law provides that possession of 25 plants or less suggests personal use. However; if you possess more than 25 plants there would be sufficient evidence to suggest your intent to sell or distribute the drug. Cultivation of Cannabis is a third degree felony punishable by up to 5 years in Prison and 5 years of probation.

Operating a Marijuana Grow House:

Under Florida Law it is illegal to own, rent, or lease a home, structure, trailer, or conveyance used for growing, trafficking or selling marijuana. The charges filed against you may depend on your relationship to the home, the number of plants and the total weight of all the plants.

• If you are convicted of operating a grow house with over 25 pounds but less than 2000 pounds, but no mote than 2,000 plants you face a minimum mandatory sentence of 3 years in prison
• If convicted of possession of over 2,000 pounds but less than 10,0000 pounds, or 2,000 plant to 10,000 plant you face a mandatory prison sentence of at least 7 years.
• If you are convicted of operating a grow house with over 10,000 plants or have 10,000 plants you face a mandatory sentence of 15 years in prison

Although you may have been arrested in relation to a grow house you have many defenses available to you. It is important to hire an attorney who is knowledgeable of these defenses and can fight for you at every level of your case. These defense could include attacking the police contact and conduct, the search warrant, or your questioning by the police, and whether the state can prove you knowledge or possession.

If you have been accused of any crime related to marijuana contact Anthony Rickman at the Rickman Law Firm for a free consultation.

Drug Offenses

DRUG TRAFFICKING:

If you have been arrested or accused of Drug Trafficking it is important that you contact an experienced and skilled defense attorney as soon as possible. Even though you have been arrested and accused of Trafficking by law enforcement, it is likely that the State or Federal Prosecutors have not reviewed your case and not immediately decided to pursue the charges against you. Attorney Anthony Rickman will work with you and the government in an effort to drop or reduce the charges against you before they are formally filed.  If the State or Federal Government has charged you with Drug Trafficking who better to represent you against these allegations in than a former prosecutors with experience in Federal and State Court.

Please visit one of our several websites to review our experience and case results or call us for a free consultation.

Drug Trafficking cases in Florida are punishable by very serious minimum mandatory penalties. A minimum mandatory sentence means that, if convicted, the Judge is required to sentence you to a specified term of prison even if you have no prior record or sentencing guidelines are far below the minimum mandatory sentence.

In Florida State Court, Florida statute 893.135 dictates the minimum mandatory sentences listed below:

Cannabis (Marijuana)

25+ pounds but less than 2,000 pounds (or 300 or more plants) = 3 year minimum mandatory sentence.

2,000+ pounds but less than 10,000 pounds (or 2,000 or more plants) = 7 year minimum mandatory sentence.

10,000+ pounds = 15 year minimum mandatory sentence.

Cocaine

28 grams to 200 grams = 3 year minimum mandatory sentence.

200 grams to 400 grams = 7 year minimum mandatory sentence.

400 grams to 150 kilograms = 15 year minimum mandatory sentence.

150+ kilograms = life sentence.

Oxycodone, Hydrocodine, Morphine, Opium and Hydromorphone

4 grams to 14 grams = 3 year minimum mandatory sentence.

14 grams to 28 grams = 15 year minimum mandatory sentence.

28 grams to 30 kilograms = 25 year minimum mandatory sentence.

30+ kilograms = life sentence.

Amphetamine and Methamphetamine (Crystal Meth)

14 grams to 28 grams = 3 year minimum mandatory sentence.

28 grams to 200 grams = 7 year minimum mandatory sentence.

200+ grams = 15 year minimum mandatory sentence.

The United States Government in Federal Courts also enforce minimum mandatory sentences for controlled substances, and are governed by United States Code (U.S.C.) 18 § 841. Please contact us to discuss the complex Federal Sentencing guidelines with your offense level, criminal history category, and minimum mandatory.

DEFENSES

Unlawful Search and Seizure:

In Trafficking cases, law enforcement gathers most evidence through “search and seizure” that is based often times usually on provable cause to search or a search warrant. The United states Constitution protects against unlawful and unreasonable searches and seizures. Therefore, any illegally obtained evidence gathered as a result of an unlawful search can not be used against you. These “search and seizure” challenges may raised as a result of an unlawful traffic stop of your vehicle, the illegal search of you your home or your vehicle without probable cause, an illegal or invalid warrant, and a search without a lawful consent. If you feel you were illegally stopped or searched an experienced criminal defense attorney must make a challenge in court and fight to have the evidence and/or your case thrown out.

Constructive Possession:

To prove Trafficking, the Government must first prove that you had either actual or constructive possession of the drug. To prove constructive possession the Government must show that you had knowledge that the drug was there, knowledge that the substance there was a drug and the ability to have “dominion and control” over the drug. What that means is that simply being around or near the drug when it was discovered does not mean that you possessed it. Often times when a person makes no admission in relation to the drug that was found or invokes their Miranda rights the Government cannot prove that you “possessed” the drug.

Violation of 5th Amendment (Client was not read his Miranda Rights):

If you were arrested or detained by law enforcement, prior to them questioning you they were required to read you “your rights”. If an officer failed to advise you of your Miranda Rights prior to questioning or threatened or coerced you into answering a question or consenting to a search it is possible to get that search or your statements thrown out.

Other Defenses:

Depending on the facts of your cased there may be other defenses to a charge of drug trafficking. Other defense to drug trafficking cases could be that you were set up by law enforcement and thus may raise a claim of entrapment, or that the confidential informant or the Government witnesses lack credibility and have a criminal records or a history of issues with trustworthiness and reliability.

Attorney Anthony Rickman will review your and use the skills that they learned as prosecutors and perfected as defense attorneys to look for and put forth all available defenses in an effort to have your charges dismissed.

DRUG TRAFFICKING LAWS

TRAFFICKING IN CANNABIS

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of CANNABIS, or 300 or more CANNABIS plants, commits a felony of the first degree. If the quantity of CANNABIS involved:

1. Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more CANNABIS plants, but not more than 2,000 CANNABIS plants, 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 $25,000.
2. Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more CANNABIS plants, but not more than 10,000 CANNABIS plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $50,000.
3. Is 10,000 pounds or more, or is 10,000 or more CANNABIS plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.

For the purpose of this paragraph, a plant, including, but not limited to, a seedling or cutting, is a “CANNABIS plant” if it has some readily observable evidence of root formation, such as root hairs. To determine if a piece or part of a CANNABIS plant severed from the CANNABIS plant is itself a CANNABIS plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. The viability and sex of a plant and the fact that the plant may or may not be a dead harvested plant are not relevant in determining if the plant is a “CANNABIS plant” or in the charging of an offense under this paragraph. Upon conviction, the court shall impose the longest term of imprisonment provided for in this paragraph.

TRAFFICKING IN HEROIN

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 HERION, 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. If the quantity involved:

1. 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.
2. 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.
3. 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.

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release. However, if the court determines that, in addition to committing any act specified in this paragraph:

1. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
2. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result, such person commits the capital felony of trafficking in illegal drugs. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

Any person who knowingly brings into this state 60 kilograms or more of any MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE, or any salt, derivative, isomer, or salt of an isomer thereof, including HEROIN, or 60 kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of any person, commits capital importation of illegal drugs, a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

FLUNITRAZEPAM (ROHYPNOL- “RUFFIES”)

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 flunitrazepam or any mixture containing flunitrazepam commits a felony of the first degree. If the quantity involved:

1. 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.
2. Is 14 grams or more but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
3. 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.

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state or who is knowingly in actual or constructive possession of 30 kilograms or more of flunitrazepam or any mixture containing flunitrazepam commits the first degree felony of trafficking in flunitrazepam. A person who has been convicted of the first degree felony of trafficking in flunitrazepam under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release. However, if the court determines that, in addition to committing any act specified in this paragraph:

1. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
2. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result, such person commits the capital felony of trafficking in flunitrazepam. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

TRAFFICKING GAMMA-HYDROXYBUTYRIC ACID (GHB)

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-hydroxybutyric acid (GHB), or any mixture containing gamma-hydroxybutyric acid (GHB), commits a felony of the first degree. If the quantity involved:

1. Is 1 kilogram or more but less than 5 kilograms, 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.
2. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
3. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

Any person who knowingly manufactures or brings into this state 150 kilograms or more of gamma-hydroxybutyric acid (GHB), or any mixture containing gamma-hydroxybutyric acid (GHB), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma- hydroxybutyric acid (GHB), a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

METHYLENEDIOXYMETHAMPHETAMINE (MDMA- “METH”)

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 10 grams or more of any of the following substances:

1. 3,4-Methylenedioxymethamphetamine (MDMA);
2. 4-Bromo-2,5-dimethoxyamphetamine;
3. 4-Bromo-2,5-dimethoxyphenethylamine;
4. 2,5-Dimethoxyamphetamine;
5. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
6. N-ethylamphetamine;
7. N-Hydroxy-3,4-methylenedioxyamphetamine;
8. 5-Methoxy-3,4-methylenedioxyamphetamine;
9. 4-methoxyamphetamine;
10. 4-methoxymethamphetamine;
11. 4-Methyl-2,5-dimethoxyamphetamine;
12. 3,4-Methylenedioxy-N-ethylamphetamine;
13. 3,4-Methylenedioxyamphetamine;
14. N,N-dimethylamphetamine; or
15. 3,4,5-Trimethoxyamphetamine,

individually or in any combination of or any mixture containing any substance listed in sub-subparagraphs a.-o., commits a felony of the first degree, which felony shall be known as “trafficking in Phenethylamines”.

If the quantity involved:

1. Is 10 grams or more but less than 200 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.
2. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
3. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
4. Any person who knowingly manufactures or brings into this state 30 kilograms or more of any of the following substances:
5. 3,4-Methylenedioxymethamphetamine (MDMA);
6. 4-Bromo-2,5-dimethoxyamphetamine;
7. 4-Bromo-2,5-dimethoxyphenethylamine;
8. 2,5-Dimethoxyamphetamine;
9. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
10. N-ethylamphetamine;
11. N-Hydroxy-3,4-methylenedioxyamphetamine;
12. 5-Methoxy-3,4-methylenedioxyamphetamine;
13. 4-methoxyamphetamine;
14. 4-methoxymethamphetamine;
15. 4-Methyl-2,5-dimethoxyamphetamine;
16. 3,4-Methylenedioxy-N-ethylamphetamine;
17. 3,4-Methylenedioxyamphetamine;
18. N,N-dimethylamphetamine; or
19. 3,4,5-Trimethoxyamphetamine,

individually or in any combination of or any mixture containing any substance listed in sub-subparagraphs a.-o., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of Phenethylamines, a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

TRAFFICKING IN COCAINE

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of COCAINE, or of any mixture containing COCAINE, but less than 150 kilograms of COCAINE or any such mixture, commits a felony of the first degree. If the quantity involved:

1. Is 28 grams or more, but less than 200 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.
2. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
3. Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of COCAINE, commits the first degree felony of trafficking in COCAINE. A person who has been convicted of the first degree felony of trafficking in COCAINE shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release. However, if the court determines that, in addition to committing any act specified in this paragraph:

1. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
2. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,

such person commits the capital felony of trafficking in COCAINE. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

Any person who knowingly brings into this state 300 kilograms or more of COCAINE, and who knows that the probable result of such importation would be the death of any person, commits capital importation of COCAINE, a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

TRAFFICKING IN MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE

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 HERION, 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. If the quantity involved:

1. 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.
2. 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.
3. 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.

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release. However, if the court determines that, in addition to committing any act specified in this paragraph:

1. The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or
2. The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,

such person commits the capital felony of trafficking in illegal drugs. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

Any person who knowingly brings into this state 60 kilograms or more of any MORPHINE, OPIUM, OXYCODONE, HYDROCODONE, HYDROMORPHONE, or any salt, derivative, isomer, or salt of an isomer thereof, including HEROIN, or 60 kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of any person, commits capital importation of illegal drugs, a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

TRAFFICKING IN AMPHETAMINES AND METHAMPHETAMINES

Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of amphetamine, or methamphetamine, or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine, commits a felony of the first degree. If the quantity involved:

1. Is 14 grams or more, but less than 28 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.
2. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.
3. Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.

Any person who knowingly manufactures or brings into this state 400 grams or more of amphetamine, or methamphetamine, or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment used in the manufacture of amphetamine or methamphetamine, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of amphetamine, a capital felony. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.

CRIMINAL AND CIVIL FORFEITURES

When a person has been arrested for drug trafficking, the government may initiate a forfeiture action against the person or property. Criminal forfeiture is a punitive measure taken against a defendant after a conviction, where, as a part of the sentence, the government seizes property that more likely than not was obtained as a result of the crime. By contrast, civil forfeiture actions allow property to be seized, even without a criminal conviction, if the government proves by a preponderance of the evidence that the property was obtained from unlawful activity. Not surprisingly, the majority of forfeitures pursued by the government are civil. You usually only have 15 DAYS to challenge the seizure or forfeiture of cash or property.

Drug Possession

The crime of possession of an illegal drugs applies to the possession of illegal substances and also legal substances if the person possessing the drug does not have a valid prescription. Possession illegal drugs such as cocaine, heroin, methamphetamine, and the possession of a controlled substance without a valid prescription such as Xanax, Roxicodone, Hydrocodone, Oxycodone, Soma, is a felony punishable by up to 5 years in prison and 5 years of drug offender probation.

If you have been arrested or accused of possession of an illegal or controlled substance it is important to contact an experienced attorney to fight against these auctions. Often times individuals are arrested for drug possession as a result of an illegal search, seizure, or traffic stop. When reviewing your case, we start from the time of the original police encounter and move to the time of arrest to determine if any portion of the police action was unlawful. An officer can only search a person pursuant to a protective sweep, in an exigent or emergency situation, incident to an arrest, with your consent, in hot pursuit, to conduct an inventory search, or in the course of a pat down or frisk. If your police encounter was unlawful, then any evidence obtained after the unlawful action can not be used against you.

In order to prove possession of drugs the State of Florida must prove that you either (1) actually possessed the drug or (2) constructively possessed the drug. To prove constructive possession the state will have to establish that you had (1) dominion and control over it (2) knowledge of its presences and (3) knowledge that it was marijuana. If the State cannot prove that you possessed the marijuana your charge nay be dismissed.

If you have been arrested for possession of a controlled substance or possession of an illegal drug contact Anthony Rickman for a free consultation.

Drug Charges