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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: Criminal Law

State v. S.; Judge: Mark Wolf & Pat Siracusa; Hillsborough & Pasco Counties; Date: July 6, 2007

FACTS: Our client was initally put on probation in Pasco County in August of 2006 for Possession of Methamphetamine; possession of marijuana; and trespass of a conveyance. He was then put on felony Driving While License Suspended (Habitual Offender) probation in September of 2006 in Hillsborough County. He was arrested in April of this year again for driving while license suspended (felony offense). This new charge violated the probations in both counties, and certainly meant he was facing prison time in both counties. Surprisingly, the defendant was arrested yet again for possession of cocaine, and possession of marijuana when the officers attempted of serve the arrest warrant for violating probation. We motioned the Court for a bond in both counties and convinced the Court in Hillsborough to release the defendant because the new cocaine charge was based on a constructive possession issue. After being released on his Hillsborough County warrant the Defendant was transported to Pasco County. We then convinced the Court in Pasco that the defendant was a contributing member of society and that his pending charges in Hillsborough would be reduced or dismissed.

DEFENSE: The defendant was not in possession of the cocaine that was found in his apartment, and the stop surrounding his driving while license suspended charge was based on a bad stop.

RESULT: The new cocaine charge dismissed, the Driving While License Suspended was reduced and the defendant was eventually terminated from both Probations (Hillsborough & Pasco).