Case No: 2012CFXXXXXX (Palm Beach County)
Charge: Trafficking in Hydrocodone–1st degree Felony punishable by up to 30 years in Florida State Prison. 3 year minimum mandatory sentence if convicted.
Facts: The defendant was stopped for a traffic violation. The officer smelled the odor of burnt cannabis when he approached the vehicle. The officer then searched the vehicle and all of the occupants of the vehicle. The defendant was searched and 75 hydrocodone tablets and $766.00 in cash were seized from his person.
After considerable legal wrangling, Mr. Sobel was able to show that the defendant had a valid prescription for the Hydrocodone. Mr. Sobel provided the Office of the State Attorney the valid prescription along with the fill history of the prescription. Mr. Sobel then provided documentation showing that the pills that were seized from the defendant came from a valid prescription fill on the prescription history document. Moreover, Mr. Sobel was able to match the NDC numbers of the pill and show that they had the same markings as the ones that were seized from the defendant.
Outcome: The Office of the State Attorney dismissed the charges after reviewing and verifying the documents provided by Mr. Sobel. Additionally, the court signed an order mandating the return of the pills to the defendant after Mr. Sobel took the unusual step of filing a motion to have the pills returned to the defendant.