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Legal & Factual Defenses For Marijuana And Drug Charges In Okaloosa County

Legal & Factual Defenses For Marijuana And Drug Charges In Okaloosa County

By T.S. Lupella

If you are going to hire a criminal defense attorney to defend you against your marijuana or drug related charges in Okaloosa County, Florida, you need to ask any lawyer you speak with if they are proficient in establishing technical defenses related to improper police searches, filing Motions to Suppress or Exclude Evidence, as well as knowing when and how to file an appropriate Motion to Dismiss based on an actual vs. constructive possession issue.

If they cannot explain to you what these issues are, or if they are unable to articulate what these potentially winning strategies are, then you have not found the right attorney for your case.

As I have seen over the years in my many court appearances, there are countless lawyers who are a bunch of fluff and theatrics, but there are only a handful of criminal defense practitioners who have the real competence to how to represent their clients at the highest level.

So do not be afraid to test their knowledge when you meet with an attorney for the first time.

Here are some of the defenses and issue that I have successfully raised to help my clients in marijuana and drug related cases:

  1. Motion to Dismiss based on prosecutor being unable to prove defendant was in actual possession of drug contraband or had knowledge of the elicit nature of the substance.
  2. Motion to Dismiss based on insufficient circumstantial evidence for prosecutor to prove defendant constructively possessed drugs. (May apply when multiple persons present or involved.)
  3. Motion to Dismiss based on insufficient evidence to prove enhanced charge (i.e. Possession with Intent to Sell).
  4. Motion to Suppress Evidence based on an illegal search of vehicle or residence.
  5. Motion to Suppress Evidence based on lack of consent to search.
  6. Motion to Suppress Evidence based on an illegal traffic stop.
  7. Motion to Suppress Evidence based on an illegal seizure, detention, or arrest.
  8. Motion to Suppress Evidence based on an legally insufficient search warrant.
  9. Motion to Suppress Evidence based on illegal K-9 search.
  10. Motion to Suppress Evidence based on lack of probable cause by law enforcement.
  11. Motion to Suppress Evidence based on illegal search of vehicle incident to an unrelated criminal arrest in which the vehicle was not used as an instrumentality.
  12. Motion to Suppress Statements made because police did not read Miranda warnings during your custodial interrogation or used coercive tactics (i.e. promises, threats).

If you or a family member has been arrested on marijuana or other drug charges in Okaloosa County, call me at (850) 362-6655 for a free consultation – and find out where you stand.

 

Our Locations

 

Fort Walton Beach, FL.

Thomas Shawn Lupella P.A.
2110 Lewis Turner Blvd.
Fort Walton Beach, FL 32547

Destin, FL.

Thomas Shawn Lupella P.A.
3997 Commons Drive West
Suite I
Destin, FL 32541

Crestview, FL.

Thomas Shawn Lupella P.A.
891 South Ferdon Boulevard
Crestview, FL 32536

DeFuniak Springs, FL.

Thomas Shawn Lupella P.A.
1614-B U.S. Highway 90 West
DeFuniak Springs, FL 32433

 

Our Locations

 

Fort Walton Beach, FL.

Lupella & Rehr
2110 Lewis Turner Blvd.
Fort Walton Beach, FL 32547

(850) 362-6655

GET DIRECTIONS

From our Ft Walton Beach Criminal Defense Office, we represent individuals in Valparaiso, Shalimar, Niceville, Mary Esther, Laurel Hill, Navarre, Hulbert Field, Eglin AFB, Santa Rosa Island and Okaloosa Island.

See the Lupella & Rehr reviews on Google

Destin, FL.

Lupella & Rehr
3997 Commons Drive West
Suite I
Destin, FL 32541

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(850) 424-5240

From this office, we cover the following areas: Destin, Santa Rosa Beach, Miramar Beach, Sandestin, Rosemary Beach, Sunnyside, Seacrest, Seaside, Freeport, Choctaw Beach & Sacred Oaks.

Crestview, FL.

Lupella & Rehr
891 South Ferdon Boulevard
Crestview, FL 32536

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(850) 423-0738

From our Crestview Criminal Defense Office, we represent individuals in Escambia Farms, Laurel Hill, Svea, Baker, Holt, Milligan, Auburn, Deerland, the Duke Field area, and other areas in northern Okaloosa County.

DeFuniak Springs, FL.

Lupella & Rehr
1614-B U.S. Highway 90 West
DeFuniak Springs, FL 32433

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(850) 951-1134

From our Defuniak Springs Criminal Defense Office, we represent individuals in Freeport, Paxton, Miramar Beach, Alys Beach, Argyle, Blue Mountain Beach, Bruce, Eucheanna, Glendale, Grayton Beach, Inlet Beach, Mossy Head, Red Bay, Rosemary Beach, Santa Rosa Beach, Seacrest, Seagrove Beach, Seaside & Rock Hill.

Filed Under: Marijuana Possession

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Locations Served

Fort Walton Beach, FL.

Lupella & Rehr
2110 Lewis Turner Blvd.
Fort Walton Beach, FL 32547

GET DIRECTIONS

P. (850) 362-6655

Destin, FL.

Lupella & Rehr
3997 Commons Drive West
Suite I
Destin, FL 32541

GET DIRECTIONS

P. (850) 424-5240

DeFuniak Springs, FL.

Lupella & Rehr
1614-B U.S. Highway 90 West
DeFuniak Springs, FL 32433

GET DIRECTIONS

P. (850) 951-1134

Crestview, FL.

Lupella & Rehr
891 South Ferdon Boulevard
Crestview, FL 32536

GET DIRECTIONS

P. (850) 423-0738

Criminal Areas We Can Help With

Been arrested in Fort Walton Beach or Destin, Florida? Then see our practice areas and discover how we can help.

About Us

Shawn Lupella is a former civil prosecutor for the State of Florida and criminal defense attorney that has handled more than 10,000 combined cases. David Rehr is a former local criminal prosecutor who personally oversaw thousands of cases, but now dedicates his experience to criminal defense.  Lupella & Rehr can be reached at (850) 362-6655, 24 hours a day, 7 days a week, 365 days a year if you need help.

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