Drug crimes Category Archives — Sarasota Criminal Attorney Blog Published by Sarasota, Florida Criminal Lawyer — Hanlon Law

Florida Court Examines Expert Testimony in Drug Crime Cases

Hanlon Law, PA — Thu, 12 Feb 2026 20:18:28 +0000

In federal criminal prosecutions, courts frequently confront disputes over whether expert testimony will assist jurors or improperly influence their determination of a defendant’s intent. These evidentiary challenges often arise in drug trafficking cases, where law enforcement experts seek to explain industry practices that may not be readily understood by laypersons. A recent Florida decision highlights how courts balance the probative value of such testimony against the risk of invading the jury’s role. If you are facing serious drug or firearm charges, it is essential to consult a Sarasota criminal defense attorney who can evaluate the admissibility of critical evidence and protect your rights.

Case Setting

Allegedly, the defendants were charged in a multi-count federal indictment involving drug trafficking conspiracy and firearm-related offenses arising from separate incidents, including traffic stops and a drug interdiction at an airport. The charges included possession of firearms in furtherance of drug trafficking crimes and possession of firearms by a convicted felon. The case proceeded toward trial in the federal district court.

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Florida Court Discusses Sentencing Enhancements

Hanlon Law, PA — Tue, 13 May 2025 17:47:42 +0000

In federal criminal sentencing, enhancements under the United States Sentencing Guidelines can significantly increase a defendant’s prison term, especially when firearms are involved in drug-related offenses. For example, courts may impose an enhancement if they find a defendant possessed a firearm “in connection with” another felony offense. As discussed in a recent Florida ruling, this guideline provision is not ambiguous and does not require courts to defer to agency commentary unless specific criteria are met. If you are facing federal charges involving firearms or drugs, a knowledgeable Sarasota criminal defense attorney can help you understand what steps you can take to protect your rights.

Factual and Procedural Setting

It is reported that the defendant pleaded guilty to possessing a firearm and ammunition as a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(8). The conviction stemmed from an August 2022 incident in Fort Myers, Florida, where detectives observed the defendant engaging in suspected hand-to-hand drug transactions while wearing a cross-body bag. After following the vehicle he entered, officers conducted a traffic stop and searched the car.

It is alleged that during the search, law enforcement officers discovered a firearm and ammunition inside the cross-body bag the defendant had been seen wearing. They also recovered a separate bag in the backseat containing approximately 15 grams of fentanyl and other controlled substances. A presentence investigation report (PSI) recommended a four-level sentencing enhancement under U.S.S.G. § 2K2.1(b)(6)(B), asserting that the firearm was possessed “in connection with” a drug trafficking offense.

It is further reported that the defendant objected to the enhancement, arguing that the Sentencing Guidelines’ phrase “in connection with” was ambiguous and that the district court improperly relied on the guideline commentary, which states that such an enhancement is warranted when a firearm is found in close proximity to drugs. The district court overruled the objection, applied the enhancement, and sentenced the defendant to 92 months in prison. The defendant appealed, challenging both the interpretation of the guideline and the court’s reliance on commentary.

Sentencing Enhancements in Florida Drug Crime Cases

On appeal, the court affirmed the district court’s decision, concluding that the enhancement was properly applied. The court reviewed the interpretation of the guideline de novo and found no ambiguity in the phrase “in connection with.” The court explained that the phrase must be understood in its ordinary meaning, which includes any contextual, causal, or logical relationship between the firearm and the other offense.

The court emphasized that the key inquiry under § 2K2.1(b)(6)(B) is whether the firearm had the potential to facilitate the other felony offense. In this case, the evidence showed that the defendant was carrying the firearm while engaging in activity consistent with drug trafficking, and the drugs were found within close proximity to the weapon in a small vehicle. The court credited testimony and body camera footage indicating that the defendant brought the drugs and firearm into the vehicle and had control over the items during the stop.

The court also addressed whether deference to the Sentencing Commission’s commentary was necessary. Under prevailing case law, deference to an agency’s interpretation is warranted only if the regulation is genuinely ambiguous after applying traditional tools of statutory interpretation. Here, the court held that the guideline was not ambiguous, and thus, the commentary did not control the court’s interpretation.

Contact a Skilled Sarasota Criminal Defense Attorney Today

When federal charges involve firearms and drugs, the stakes are high, and sentencing enhancements can dramatically increase prison time. If you are charged with a federal weapons or drug offense, the experienced Sarasota criminal defense attorneys at Hanlon Law can develop compelling arguments on your behalf, to help you fight for a favorable outcome. Contact our Sarasota office at (941) 462-1789 or reach out online to schedule a confidential consultation.

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Florida Court Explains Sentences Imposed on Career Offenders

Hanlon Law, PA — Mon, 16 Oct 2023 23:28:31 +0000

Under federal law, people with an extensive criminal history can be deemed career offenders, which means, in part, that they may face greater penalties for subsequent crimes. Only convictions for certain crimes will qualify a person for career offender status, however. If a defendant does not object to the sufficiency of the evidence demonstrating that they are a career offender at the sentencing level, however, they may waive their right to do so, as illustrated in a recent ruling issued in a Florida drug crime case. If you are accused of a drug-related offense, it is wise to confer with a Sarasota drug crime defense attorney promptly.

Case Setting

It is alleged that the defendant was charged with conspiring to distribute and distributing 50 grams or more of methamphetamine. During the trial, the government presented evidence of the defendant’s involvement in controlled methamphetamine purchases, and the jury found him guilty on both counts. The government sought a mandatory minimum sentence based on the defendant’s prior drug-related convictions.

Reportedly, the defendant’s presentence investigation report applied a 25-year mandatory minimum sentence and classified him as a career offender based on his prior convictions. The report listed three qualifying prior offenses, and the defendant did not object to the report. At the sentencing hearing, he admitted to the convictions listed in the government’s notice of intent, and his trial counsel raised no legal objections. The court sentenced the defendant to 360 months imprisonment, stating it would have imposed the same sentence even without the mandatory minimum due to the substantial amount of methamphetamine involved. The defendant appealed.

Disputing a Career Offender Status

On appeal, the defendant argued that he lacked the two prior controlled substance offenses required for the career offender classification. The court disagreed, finding no plain error in the trial court’s classification of the defendant as a career offender, as he had at least two prior controlled substance offenses.

The court also rejected the defendant’s argument that the district court erred in relying on the drug quantity calculation in the presentence report due to improper evidence admission. In doing so, the court pointed out that the defendant failed to object to the statements in the report, and therefore, the district court did not err in relying on them. Furthermore, the court noted that the defendant’s career offender status made the drug quantity calculation largely irrelevant to his sentencing. Thus, the court affirmed his sentence.

Confer with an Experienced Sarasota Criminal Defense Attorney

Convictions for federal drug crimes carry significant penalties, and the punishments handed down by the courts often increase with each additional conviction. The experienced Sarasota drug crime defense lawyers of Hanlon Law are well-versed in what it takes to achieve favorable outcomes in criminal matters, and if you hire us, we will advocate zealously on your behalf. You can contact Hanlon Law by calling 941-462-1789 or using the form online to arrange a conference.

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Florida Court Examines the Right to a Speedy Trial in Criminal Matters

Hanlon Law, PA — Mon, 14 Aug 2023 13:54:20 +0000

The right to a speedy trial is a cornerstone of the American criminal justice system, as it ensures that defendants are not subject to unnecessary delays in the legal process. If a criminal defendant found guilty of a crime believes that their right to a speedy trial was violated, they might be able to successfully argue that their conviction should be vacated. As illustrated in a recent Florida ruling delivered in a drug crime case, however, it can be challenging to demonstrate that delays in criminal proceedings are unjust and unreasonable. If you are charged with a drug-related offense, it is smart to talk to a Sarasota drug crime criminal defense attorney as soon as possible.

History of the Case

Allegedly, the defendant was charged with and convicted of possession of a firearm by a prohibited person and possession of a controlled substance. He was convicted and sentenced to 235 months in prison. He appealed on numerous grounds, including the assertion that the trial court violated his right to a speedy trial.

The Right to a Speedy Trial in Criminal Matters

After careful analysis, the court found that the defendant’s right to a speedy trial was not violated and upheld his conviction. The court explained that the Speedy Trial Act establishes guidelines for expediting criminal trials while allowing for justifiable delays. The Act excludes certain periods of delay stemming from proceedings involving the defendant, including delays caused by pretrial motions from filing through disposition.

Additionally, delays resulting from the district court’s grant of a continuance for the sake of justice are also excluded, provided that the court explains its rationale. The Act furnishes a non-exclusive list of factors that judges must consider when deciding to grant a continuance. One such factor pertains to cases where an arrest precedes indictment, allowing for delays if it’s unreasonable to expect prompt indictment due to the circumstances.

When assessing whether a defendant’s right to a speedy trial has been violated, the courts will review legal questions are reviewed de novo, while factual inquiries are assessed under the clearly erroneous standard.

In the subject case, the court found that the delays in the defendant’s trial between September 2019 and May 2021 did not infringe on his speedy trial rights. Instead, the court explained, the delays during this period were legitimate and permissible due to the necessity of addressing pending motions, ongoing pandemic-related emergencies, efforts to secure replacement counsel and responses to motions concerning Double Jeopardy and speedy trial concerns. The district court appropriately granted these continuances in the interest of justice. As such, the court upheld the trial court rulings.

Meet With a Trusted Sarasota Criminal Defense Attorney

It is paramount that the courts uphold criminal defendants’ right to a speedy trial, and if they fail to do so, it may constitute grounds for vacating a conviction. If you are charged with a drug crime or any other offense, it is important to meet with an attorney to discuss your rights. The trusted Sarasota drug crime defense lawyers of Hanlon Law are well-versed in what it takes to prevail in criminal proceedings, and if you hire us, we will advocate aggressively on your behalf. You can reach Hanlon Law by calling 941-462-1789 or using the online form to set up a conference.

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Court Explains How Prior Marijuana Crime Convictions Impact Sentencing in Florida

Hanlon Law, PA — Sun, 12 Feb 2023 19:04:44 +0000

Laws pertaining to the medical and recreational use of marijuana continue to change in Florida and throughout the country. As such, many acts that were once criminal are now legal. A prior conviction for a marijuana-related offense can still adversely impact a defendant’s presentence investigation report, however, as demonstrated in a recent Florida ruling in which the court affirmed the defendant’s sentence for possessing a handgun as a felon. If you are charged with a weapons crime, it is important to speak to a Sarasota gun crime defense attorney about your rights.

Facts of the Case

It is reported that police officers arrested the defendant for aggravated assault with a weapon. When they searched the defendant at the time of the arrest they found a loaded gun in his pocket; it was later revealed that the gun had been stolen two years prior. The defendant had numerous prior felony convictions, including convictions for the possession of marijuana and possession of marijuana with the intent to sell.

It is alleged, therefore, that the defendant was indicted for being a felon in possession of a handgun. He entered a guilty plea without a plea agreement. The probation office drafted a presentence investigation report which used a base offense level of 20 due to the defendant’s prior felony controlled substance offense. The defendant objected, arguing that he should not have been assigned a base offense level of 20 because marijuana was not a controlled substance under the sentencing guidelines. The court overruled his objection and sentenced him to 63 months’ imprisonment. He appealed.

How Prior Marijuana Crime Convictions Impact Sentencing in Florida

On appeal, the court affirmed the trial court ruling. In doing so, the court explained that it previously ruled in two other cases that possessing marijuana with the intent to sell constituted a controlled substance offense under the sentencing guidelines. As such, it found that the trial court did not err in using a higher base offense level.

The defendant asserted, however, that the law had changed since the aforementioned rulings. Specifically, he asserted that Congress amended the Controlled Substances Act to exclude hemp. Further, the categorical approach required the court to assume that the defendant’s conviction was for the least culpable conduct, possession of hemp with the intent to sell, as hemp was included in the applicable drug statute at the time of his arrest.

The court declined to adopt the defendant’s reasoning, however, noting that it relied on the assumption that the court would determine whether a previous conviction for a controlled substance offense as defined by state law by comparing it to the federal analogue. The court rejected this assumption and affirmed the defendant’s sentence.

Meet with a Trusted Sarasota Criminal Defense Attorney

People charged with weapons offenses can face greater penalties if they have prior convictions for drug crimes and other serious offenses. If you are charged with a gun crime it is smart to meet with an attorney to discuss your options. The trusted Sarasota criminal defense lawyers of Hanlon Law can assess the facts of your case and aid you in pursuing the best legal outcome available. You can reach Hanlon Law through the online form or by calling 941-462-1789 to set up a meeting.

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Florida Court Discusses the Right to Appeal Criminal Convictions

Hanlon Law, PA — Sun, 04 Dec 2022 04:12:10 +0000

There are numerous measures in place at the state and federal levels that aim to protect people from unjust convictions. Among other things, people convicted of crimes have the right to file an appeal if they believe they were improperly convicted. If they fail to raise an argument on appeal, however, they cannot attempt to do so via a collateral challenge, as discussed in a recent opinion issued in a Florida case in which the defendant sought to overturn his conviction for drug trafficking and other offenses. If you are accused of committing a drug crime, it is smart to meet with a Sarasota drug crime defense attorney to assess your options for seeking a favorable outcome.

Procedural History of the Case

It is reported that the defendant was charged with unlawfully possessing a firearm as a felon, using a firearm in furtherance of a drug trafficking crime, and possessing 50 or more grams of methamphetamine in violation of federal law. He pleaded guilty without a plea agreement and was sentenced to 160 months in prison. He did not appeal his conviction or sentence. He then moved to vacate his conviction for using a firearm in furtherance of a drug trafficking crime in light of a recent ruling that invalidated the relevant statute’s residual clause pertaining to crimes of violence.

The Right to Appeal Criminal Convictions

The court denied the defendant’s request for relief on the grounds that his argument lacked merit and was procedurally defaulted. The court explained that collateral challenges could not do the work of an appeal. In other words, once a defendant has exhausted or waived the change to appeal, the courts are entitled to presume that the defendant’s conviction is fair and final. As such, claims that the defendant could avail themselves of but did not raise in a previous proceeding are procedurally defaulted and typically are barred from consideration on collateral review.

In the subject case, the court noted that the defendant did not challenge the relevant statute as unconstitutional on direct appeal or during his sentencing. As such, the court found that his claim procedurally defaulted. The court noted that there are three exceptions to the procedural default rule: for prejudice and cause, for a miscarriage of justice, and for actual innocence.

In order to demonstrate actual prejudice, a defendant must show that some objective factor external to his defense impaired his efforts to raise the issue earlier and that the alleged error worked to his substantial disadvantage. Here, the defendant failed to offer any such proof. Thus, the court denied his request.

Meet with a Capable Sarasota Criminal Defense Attorney

People convicted of drug crimes may face lengthy prison sentences, but in some instances, they may be able to successfully appeal their convictions. If you are charged with a drug crime, you should meet with an attorney to discuss your rights. The capable Sarasota criminal defense lawyers of Hanlon Law are dedicated to defending people charged with crimes in the Florida courts, and if you hire us, we will advocate zealously on your behalf. You can reach Hanlon Law via the online form or by calling 941-462-1789 to set up a meeting.

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Supreme Court Explains Evidence Needed to Convict for Violations of the Controlled Substance Act

Hanlon Law, PA — Sun, 26 Jun 2022 07:01:10 +0000

While ignorance of the law is not a defense, criminal statutes generally aim to punish intentional wrongdoing. Thus, in many instances, the prosecution must prove that the defendant purposely committed the unlawful act. Some statutes are vague, though, leaving room for interpretation as to what evidence is needed to obtain a conviction. Until recently, it was not clear whether a defendant could be convicted for violating the Controlled Substances Act (the Act) if they were unaware that their actions were unauthorized. The United States Supreme Court issued a ruling clarifying what evidence is needed to convict a doctor of disbursing controlled substances in an unauthorized matter in violation of the Act. If you are charged with a drug crime or any other federal offense, it is smart to meet with a Sarasota criminal defense attorney to assess your options.

Background of the Case

It is alleged that the government charged the defendant and several other pain management doctors with operating a medical practice as a racketeering enterprise in violation of the Act and other federal laws. The prosecution offered evidence at trial that the defendant prescribed opioids in a manner that did not comply with the applicable standard of care and that he acted for financial gain rather than to help his patients. A jury convicted the defendant and he appealed. The appellate court affirmed the trial court ruling, and the defendant sought certiorari review.

Evidence Needed to Convict for Violations of the Controlled Substance Act

The sole issue on appeal was whether a physician that prescribes controlled substances outside of the scope of what is typically in their practice can be convicted of unlawful distribution of controlled substances in violation of the Act, if they harbored a reasonable belief that they were acting within the scope of their practice.

The Court ultimately resolved the issue in favor of the defendant. Specifically, it ruled that the knowing or intentional mens rea applied to the crime of prescribing controlled substances in an unauthorized manner in violation of the Act. The Court elaborated that when a defendant presents evidence that they are authorized to disburse controlled substances, the government needs to show, beyond a reasonable doubt, that the defendant either acted or intended to act in an unauthorized manner in prescribing the substances.

In sum, the government needs to show not only that the defendant’s distribution of controlled substances was in fact for an unauthorized use, but also that the defendant’s intent was for the use to be unauthorized. As such, the Court vacated the lower court ruling.

Confer with a Trusted Sarasota Criminal Defense Attorney

Drug crimes carry lengthy prison terms and substantial fines, but if the government is unable to prove each element of the charged offense it should not be able to obtain a conviction. If you are accused of a crime, it is smart to hire an attorney who will fight aggressively on your behalf. The trusted Sarasota criminal defense lawyers of Hanlon Law are well-versed in what it takes to obtain favorable outcomes in criminal matters. You can reach Hanlon Law through the online form or by calling 941-462-1789 to set up a meeting.

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Florida Court Discusses Sentence Reductions Under the First Step Act

Hanlon Law, PA — Fri, 09 Jul 2021 17:31:38 +0000

Drug crimes can result in serious penalties, and typically lengthier sentences are imposed for offenses involving certain classes of drugs. In recent years, though, flaws in the federal sentencing schemes were noted, and numerous laws were passed to address sentencing discrepancies, and people sentenced under prior laws may be eligible for reduced sentences. In a recent opinion, a Florida court discussed eligibility for a sentence reduction under the First Step Act in a case in which the trial court denied the defendant’s request for a reduction. If you are charged with a drug offense, it is smart to meet with a Sarasota criminal defense attorney regarding your rights.

Procedural History of the Case

It is reported that in 2005, the defendant was charged with and found guilty of numerous drug crimes, including conspiracy to possess 50 grams or more of crack cocaine with the intent to distribute, in violation of federal law. Due to the amount of crack in his possession and his prior criminal history, he was sentenced to life in prison for the conspiracy charge. His total sentence was life in prison plus fifteen years, followed by ten years of supervised release. In 2019, the defendant sought a reduction of his sentence under the First Step Act. His sentence was reduced but he nonetheless appealed, arguing it should have been further reduced per the terms of the Act.

Reductions of Penalties Under the First Step Act

In 2010, Congress passed the Fair Sentencing Act, which changed the statutory penalties for drug offenses involving crack cocaine, including the one for which the defendant was convicted. The amendments were not applied retroactively, though, until 2018, when Congress enacted the First Step Act. Specifically, the First Step Act provides that the Fair Sentencing Act is retroactive and granted courts the authority to reduce the sentences of eligible crack offenders if they deemed it appropriate.

In the subject case, the defendant argued that he met the criteria for relief, and his sentence should be reduced to time served in light of his age, family history, and the lack of violence involved in his offenses, but his sentence was only reduced to 420 months. The court explained that in exercising its discretion under the First Step Act, a court may consider any relevant factors, including the sentencing factors set forth under federal law.

The court is not required to consider sentencing factors, though, and must only provide a detailed explanation that clearly establishes it had a reasonable basis for choosing to reduce a sentence or deny a request for a reduction under the First Step Act. Here, the court found that the district court adequately explained its reasons for not providing a greater reduction in the defendant’s sentence. Thus, the trial court ruling was affirmed.

Meet with a Trusted Florida Criminal Defense Attorney

A conviction for a drug crime can result in years in prison, but in some instances, there are grounds for appealing unjust sentences. If you are accused of a drug crime, it is in your best interest to meet with an attorney as soon as possible. William Hanlon of Hanlon Law is a trusted Sarasota drug crime defense lawyer who can advise you of your options and help you to seek the best legal result available in your case. You can reach Mr. Hanlon via the form online or at 941-462-1789 to set up a meeting.

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Charged With Drug Trafficking in Florida? Here’s What You Need to Know

Hanlon Law, PA — Thu, 24 Jun 2021 22:19:32 +0000

In Florida, it is illegal for people to possess controlled substances other than those prescribed by a doctor. Additionally, it is unlawful to sell or distribute such drugs, and people caught with a certain quantity of illicit substances may be charged with drug trafficking. Drug trafficking is a serious crime that carries substantial penalties, and it is critical for people charged with such offenses to understand their rights. If you are accused of drug trafficking, it is in your best interest to meet with a Sarasota criminal defense attorney to evaluate your options for seeking a just result.

What is Drug Trafficking?

Under Florida Statute 893.135, it is unlawful to knowingly purchase, manufacture, sell, deliver, or bring in to the state or to knowingly possess certain amounts of controlled substances and constitutes drug trafficking. The amount varies depending on the drug in question. For example, a person who is caught with more than 25 pounds of cannabis or 300 or more cannabis plants may be charged with trafficking in cannabis, which is a felony of the first degree.

Similarly, a person who possesses 28 grams or more of cocaine may be charged with trafficking in cocaine. People may also be charged with drug trafficking for possessing a certain amount of morphine, oxycodone, hydromorphone, opium, hydrocodone, or any salt, isomer, derivative, or salt of an isomer of such a substance, including heroin and many other drugs. In addition to state charges, people accused of drug trafficking are also frequently charged with federal offenses.

What Are the Penalties for Drug Trafficking?

Some drug trafficking crimes are punishable by up to life imprisonment, and mandatory sentences will be imposed in certain cases. Generally, sentences are imposed according to the amount of the drug in the defendant’s possession. Mandatory sentences are typically 3, 7, or 15 years imprisonment, with each increase in jail time corresponding to an increase in the amount of drugs a person was convicted of trafficking. People convicted of drug trafficking may also face substantial fines.

What are Defenses to Drug Trafficking Offenses?

In some instances, a person charged with drug trafficking may be able to argue that the investigation or arrest that led to the charges constituted an illegal search and seizure in violation of the Fourth Amendment, and therefore, the evidence obtained during the process should be precluded. Additionally, the prosecution is required to prove the defendant acted intentionally or knowingly. Thus, if the prosecution is unable to establish that the defendant possessed the required state of mind at the time the offense was committed, the defendant should be found not guilty.

Speak to an Experienced Florida Criminal Defense Attorney

A conviction for drug trafficking can result in jail time, fines, and lifelong harm to a person’s reputation and rights. If you are faced with drug trafficking charges, it is advisable to speak to an attorney about your possible defenses. William Hanlon of Hanlon Law is an experienced Sarasota drug crime defense lawyer and if you engage his services, he will work tirelessly to help you fight for a favorable result. You can reach Mr. Hanlon via the form online or at 941-462-1789 to schedule a meeting.

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Florida Court Vacates Conviction for Possession of a Conveyance to be used for Trafficking Due to Lack of Evidence

Hanlon Law, PA — Tue, 12 Feb 2019 18:58:31 +0000

In all criminal cases, the State bears the burden of producing evidence that the defendant committed the crime for which he or she is charged. If the State does not produce adequate evidence of a crime, the defendant should not be convicted. If a defendant is convicted despite insufficient evidence of a crime, as a general rule, he or she can only appeal if he or she objected to the sufficiency of evidence during the trial. An exception to this rule occurs when there is no evidence that the defendant committed a crime, however.

This was demonstrated in a case decided by a Florida court, where the court overturned a conviction for possession of a conveyance to be used for trafficking, due to the State’s lack of evidence of the crime. If you live in Sarasota and are currently facing criminal charges, you should consult a trusted Sarasota crime defense attorney to develop a strategy for your defense.

Alleged Facts Regarding the Crime Committed

Allegedly, a detective was at a package distribution center when a package was brought to his attention. The package was addressed to the defendant, who did not live at the address to which the package was sent. The package was delivered to a house located at the address listed on the package. Shortly thereafter, the defendant pulled up to the house in a car and went into the house. He left the house with the package a few minutes later and got into his car and drove away. The police then arrested the defendant. The defendant was charged with cocaine trafficking, possession of a conveyance to be used for trafficking, and possession of drug paraphernalia. Following a jury trial, the defendant was convicted on all charges. The defendant appealed the possession of a conveyance to be used for trafficking conviction.

Elements of the Crime of Possession of a Conveyance for Trafficking

Under Florida law, it is illegal to possess a conveyance, also known as a vehicle, to be used for trafficking. To convict a defendant of possession of a conveyance to be used for trafficking the State must produce sufficient evidence to show a connection between the use of the vehicle and the crime. In other words, the possession of a controlled substance in a car is insufficient in and of itself to prove a defendant is guilty of possession of a conveyance to be used for trafficking.

Here, the court found that the only evidence the State produced regarding the vehicle in question was that the defendant was driving the vehicle at the time of the alleged crime. The court noted that the State failed to produce any evidence that the vehicle was a necessary component of the alleged drug trafficking. Thus, the court held that the evidence was inadequate to support a conviction for possession of a conveyance to be used for trafficking.

The court noted that the defendant did not object to the sufficiency of the evidence presented at trial regarding the possession of a conveyance charge, and therefore did not preserve the issue for appeal. Regardless, the court stated that where there is insufficient evidence to show a defendant committed any crime, the failure to object will not result in a waiver of the right to pursue the issue on appeal. The court held the defendant’s conviction for possession of a conveyance was based on a fundamental error and therefore overturned the conviction.

Meet with a Seasoned Sarasota Criminal Defense Attorney to Discuss Your Case

If you live in Sarasota and are facing criminal charges, it is important to retain a seasoned criminal defense attorney who will work diligently to help you retain your freedom. William Hanlon of Hanlon Law is a skilled Sarasota criminal defense attorney who will help you develop strong arguments that will assist you in pursuing a favorable legal outcome under the facts of your case. Mr. Hanlon can be contacted at 727-897-5413 or via the online form to set up a free and confidential meeting.

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