If you have been arrested or accused of a crime in Melbourne, Palm Bay, Rockledge, Cocoa, the beaches, or Viera Florida, it is critically important to find a criminal defense lawyer who will aggressively defend your rights and ensure that you are treated fairly. The quicker you contact a defense attorney the quicker that attorney is able to represent your interests and stand up for your rights.
Criminal law is complex and a clear understanding of the statutes and the facts surrounding the charges being brought against you are necessary to properly defend your case.
In order to convict a person of intent to sell, prosecution must be able to provide evidence that they possessed the desire, ability, and/or equipment to distribute an illegal substance. They must also demonstrate that the defendant possessed the drug in question.
Drug Abuse, Prevention, and Control Fla. Stat. 893.13
- Expressed intention to sell
- Presence of weapons or money
- Paraphranelia or packaging used for distribution
- Other incriminating evidence
Our firm can provide unwavering representation to combat aggressive charges.
We often hear that a charge for resisting without violence is a charge that the officer comes up with when they cannot figure out what else to charge you with. I have even heard “you can beat the charge but you won’t beat the ride.” What the officer is saying is that they know that they do not have a real reason to arrest you but they are arresting you even though they expect the charge to be dismissed.
Resisting Arrest Without Violence ”Resisting officer without violence to his or her person.—Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
The Court in C.W. v. the State of Florida 76 So.3d 1094 (Fla. 3d DCA 2011) held that the police lacked reasonable suspicion of any crime and that there was no traffic on the road that would give rise to a legal duty for the officer to order C.W. to get off of the road. Since there was no underlying offense of interfering with traffic there was no legal duty that the officer was executing and therefore no legal duty to be executed and no legal order to follow.
The Court, in Parker v. State, 18 So.3d 555, 557 (Fla. App., 2008), held that in order to establish a prima facie case of resisting arrest without violence the State must show that the officer had an “articulable well founded suspicion of criminal activity.” The Court further stated that “Flight, in itself, is insufficient to support a reasonable suspicion of criminal activity.”