- The Law Offices of Russo & Russo, P. A. - Pinellas Criminal Defense Weblog

Focusing on the Pill Problem in Pinellas

Billboards Proclaim Anti –Prescription Drug Abuse Message

On April 1st, 2012, motorists began seeing an unusual billboard that had been erected on heavily traveled Sunset Pointe Road in Clearwater. The bold mission statement was paid for by local coalition groups who have partnered with Pinellas county authorities. Those responsible for the billboard include local law enforcement, various governmental agencies and substance abuse counseling providers. Additional billboards are slated for other parts of the county, with the next one scheduled to appear on Gandy Boulevard. This unique billboard advertising campaign is aimed at increasing public awareness to the problems of doctor shopping, prescription fraud and pain pill addiction. It follows Florida’s recent implementation of the prescription drug monitoring database.

A Continued Moratorium on New Pain Clinics

On April 24th 2012, County commissioners set a public hearing date for May 8th to extend the moratorium on new pain clinics. This was not the first extension of the local legislation and probably won’t be the last. Commissioners have been quite vocal about their desire to continue the prohibition until the Florida state legislature acts to  toughen the laws associated with new pain clinic licensing. Efforts by Pinellas county commissioners have already resulted in a decline of so called “pill mills.” The Tampa bay area went from approximately seventy last year, to what was last reported by Sheriff Bob Gualtieri to now be about twenty. The old local ordinance  covered more ground then simply prohibiting new pain clinics from opening up shop. It also mandated the registration of “high prescribing” clinics. These were defined as clinics that issue more than thirty-four pain related prescriptions in a single day. The newly proposed ordinance will require special registration by existing clinics that write more than just twenty prescriptions. This high prescriber ordinance is designed to help the Department of Health discover which physicians are writing an excessive number of narcotic prescriptions.

Operation Medicine Cabinet

On April 30th 2012 the Pinellas County Sheriff’s Department conducted its fifth installment of “Operation Medicine Cabinet.” Cooperating law enforcement agencies that participated in this community based highly organized activity included the:

• St. Petersburg Police Department
• Clearwater Police Department
• Pinellas Park Police Department
• Largo Police Department
• St. Pete Beach Police Department
• Treasure Island Police Department
• Gulfport Police Department
• Tarpon Springs Police Department

Residents of these communities were given the opportunity to participate in the “DEA’s National Take-Back Day” by dropping off their unused prescription medications at one of fourteen locations throughout the county. Within only a four hour period, local law enforcement collected in excess of 700 pounds of prescription medication. All told, 4,268 police agencies nation-wide participated in this initiative which has resulted to date, in the removal of over 1.5 million pounds of medication from public circulation.

Help for a Pill Problem in Pinellas County

1. Arrested for prescription fraud, felony possession, sale or the  trafficking of prescription drugs? Your first step is to educate yourself about your possible options. The best place to do that, is at a website dedicated solely to this topic: www.floridaprescriptionfraud.com 

2. Have you heard about Pinellas County’s “Drug Court”?  You can learn more about how participants in this specialized courtroom avoid becoming convicted felons. Watch an informative video at:  http://www.defensehelp.com/felony-criminal-charges-lawyer/pinellas-county-drug-court 

3. Accused of doctor shopping and don’t know what to do next? This video can help: http://www.defensehelp.com/felony-criminal-charges-lawyer/doctor-shopping 

4. Do you think there may be an outstanding warrant for your arrest? Watch this video to confirm if a warrant does exist and if so, what you can do about it: http://www.defensehelp.com/solutions-defenses-criminal-charge/Pinellas-County-arrest-warrant 

5.  For both outpatient and inpatient prescription pill addiction counseling programs you can contact Operation PAR at: 1-888-727-6398 or visit: http://operationpar.org/

6. To locate a meetings for Narcotics Anonymous in your area, visit: http://portaltools.na.org/portaltools/MeetingLoc/

We Can Help With Your Prescription Drug Charge

A Defense Team of Former State Prosecutors
Free Consultation - (727) 578-0303

Discuss Your Options & Possible Solutions

Criminal Defense: www.defensehelp.com
DUI Defense: www.duistpetersburglawyer.com

Related Links:
Pinellas Defense Attorneys Reveal Illegal Police Tactics in Doctor Shopping & Prescription Fraud Investigations
Florida Prescription Database Heats up to Uncover Doctor Shopping & Prescription Fraud
The Florida Prescription Drug Database…Now Online
Drug Trafficking in Florida…A Crime You Thought You Understood

Understanding Drug Trafficking

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Pinellas Defense Attorneys Reveal Illegal Police Tactics in Doctor Shopping & Prescription Fraud Investigations

The St. Petersburg, Florida criminal defense team at Russo & Russo, P.A. have noticed a growing trend in doctor shopping, drug trafficking and prescription fraud investigations by local law enforcement. Pinellas County Sheriff’s Detectives, along with police officers in the surrounding St. Petersburg  / Clearwater areas are increasingly using “Blast Faxes” to “blanket” countless  pharmacies. The police are seeking information about prescriptions the pharmacy has on file for a particular person of interest.  Sometimes, these “blast faxes” are not limited to a particular county, but can be targeted to an entire large region of Florida.

Local Pharmacies Routinely Respond to Blast Faxes

When pharmacies receive these requests from law enforcement, they normally respond by providing information about the nature and quantity of controlled substances that were prescribed and purchased by the customer in question. The pharmacies appear all too happy to respond to the fax. They voluntarily agree to provide the records and generally do not require a subpoena or search warrant to produce the information. The police officer personally visits the individual pharmacies and secures copies of pharmacy records that include the names and addresses of the prescribing physicians. Sometimes, the police officer collects copies of the prescriptions themselves. All of this is done through the voluntary compliance of the pharmacy without any official legal process having been undertaken.

Securing the "Narcotics Agreement” Signed by the Suspect

Armed with this evidence, the crafty detective hits the road to pay a call on each of the suspect’s doctors. Displaying his badge with the façade of lawful authority and a hint of intimidation, the police officer will secure “narcotic agreements” from the patient’s file. These routine documents are typically signed by a patient early in the doctor/patient relationship. (Characteristically this takes place when the patient fills out his identifying information, insurance coverage and prior ailments.) The “narcotic agreements” typically provide that the patient agrees not to obtain a similar prescription from another doctor without first securing permission. It is also common for such agreements to provide a host of other prohibitions, such as assurances from the patient that he will not sell, trade or exchange his medications for money, goods or services.They often include an agreement on the patient’s part that the patient will fill all of his prescriptions at a single pharmacy and that he will take his medication only at the dosage prescribed.  (See sample: “narcotic agreement”)

Some “narcotic agreements” are drafted by attorneys retained by the physician. Of course, these lawyers make every effort to protect the best interests of the doctor. As a result, sometimes the written “narcotic agreements” will contain language waiving doctor/patient confidentiality. These clauses are included to provide protection for the doctor at the expense of the patient. Common contract/narcotic agreement language may include: “the doctor has the right to release medical information to law enforcement and to fully cooperate with any investigation by the police.” See: “Police Requests for Patient Narcotics Agreements: Placing Physicians Between a Rock and a Hard Place” that appeared in the Florida Medical Association Magazine, Fall 2008.

Interviewing the Suspect’s Doctor

After obtaining the “narcotic agreement” the detective will normally interview the doctor and make the following critical inquires:

1.) Did the suspect/patient inform you that he was seeing another physician? and;

2.) Did the suspect/patient withhold information from you that he had secured a similar prescription from a second doctor?

But, Not So Fast….

Although not all appellate judges are in agreement, the  decision of Scott Lee Mullis v. State of Florida, by the Second District Court of Appeal interprets Florida Statute Section 893.07(4) to authorize police officers to secure pharmacy records without the benefit of warrant, a subpoena, or even prior notice to the patient. Therefore, in most cases, prescription information and other documents secured from your pharmacist by “blast faxes” would constitute lawfully secured evidence in a criminal prosecution.

However, it is what police officers do next with that information that crosses the line in the eyes of the law. A law enforcement officer is prohibited from securing your medical records, patient histories, progress notes or medication records without first providing you with advanced notice that they intend to seek a court order. The police are also prohibited from soliciting your medical and prescription drug information by questioning your doctor, or any member of his medical staff.

This protection is guaranteed by your “right of privacy” under article 1, section 23 of the Florida Constitution. The Florida Supreme Court in State v. Johnson expressly found that this privacy right extends to your medical records. Likewise, medical records are protected against the prying eyes of law enforcement under Florida Statute Section 456.057. There is even a strong argument under Florida Administrative Code Sections 64B15-14.005 (5)&(8) “Standards for the Use of Controlled Substances for Treatment of Pain” that the “narcotics agreement” itself constitutes a protected medical record since it contains “instructions and agreements” pertaining to your medical care.

Unless you have previously signed a proper release, or the police first secure a valid subpoena, search warrant or court order, they are prohibited from seeing your “Narcotics Agreement,” as well as, any and all medical records held by your doctor’s office.

Why We are Qualified to Help With Your Prescription Drug Arrest

Our office maintains a rather comprehensive website dedicated to Florida Prescription Fraud cases. We are former state prosecutors who limit our practice to appearing only within the Pinellas County Criminal Court system. As a result, we are not only accustomed to regular dealing with our local State Attorney’s Office, but we are also very familiar with the customs and practices of the Pinellas County Circuit Court judges who will be assigned to your case. We routinely represent clients charged with prescription drug offenses and make regular appearances on behalf of clients in the Pinellas County Drug Court.

Our law firm has been“AV Rated” and we are included in the prestigious “Bar Register of Preeminent Lawyers.” What that means, is that we have been judged by other lawyers as possessing the highest level of skill, integrity and ethical standards. As such, you can feel comfortable knowing that we are committed to extending our clients the highest level of professional care.

We Can Help With Your Prescription Drug Charge

A Defense Team of Former State Prosecutors
Free Consultation - (727) 578-0303
Discuss Your Options & Possible Solutions

Our Websites: 
Review Our Pinellas County Criminal Defense website
Pinellas County DUI Website Answers Common Questions  
Learn if You Qualify for Social Security Disability Benefits

Some Possible Solutions to Your Drug Charge

   Pinellas Drug Court – St. Pete Times 12/18/11

 

       Prescription Database Training in Florida

    Watch Video on Felony Conviction Ramifications

Related Links:

Drug War’s Focus is Now on Pain Pills
What are Your Options if You Have an Outstanding Warrant
Florida’s Prescription Database – What You Need to Know
Felony Drug Possession Charges – Consider These Defenses

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The Florida Prescription Drug Database…Now Online!

The Florida legislature mandated that the Prescription Drug Monitoring Database go online by December 1, 2010. However, shortly after taking office, Governor Scott fought the program's implementation. He initially asked the legislature to repeal the law. Further delays were caused by typical bureaucratic red tape, as well as, law suits filed by feuding contractors who sought approval to build and service the computerized network.

Deaths Fuel Efforts to Start Electronic Monitoring of Drug Dispensing

Advocates for the program point out that at one point, Florida had more "pill mills" than McDonalds. It is likewise well documented that Florida doctors prescribe ten times the number of oxycodone pills prescribed by doctors in all other states combined. Consider this...In the first five months of last year alone, Florida pharmacies dispensed 236 million doses of oxycodone and medical practitioners bought an additional 35 million doses.

Unscrupulous doctors, doctor shopping, felony drug possession, prescription fraud, drug trafficking and street level sales all contributed to last year's death toll of seven Floridians per day. In fact, Pinellas county led the state in 2010 with the most prescription drug related deaths. Most of these fatalities were related to oxycodone, alprazolam, diazepam, hydrocodone morphine and methadone. The death numbers keep climbing. A recent report revealed that prescription drug related deaths rose almost 9% in 2010 from those the previous year.

Pinellas County - In The Lime Light of Prescription Fraud Detection

Given all the attention Pinellas county has received related to prescription drug abuse, our office believes that medical practioners and law enforcement intend to make full use of the new electronic prescription drug monitoring system. Sgt. Dan Zsido, who is the supervisor of the Pinellas Strategic Diversion Task Force, has been quoted as saying that it is "alarming" that Pinellas leads the state in prescription drug related deaths. Experts contend that the new database will "correct" that problem. "Correcting the problem" can only be interpreted as meaning a more aggressive law enforcement intervention into local prescription fraud.

On October 25th, A&E's Jeff VanVonderen, from the hit show "Intervention" will be appearing at the St. Petersburg's Coliseum. He will be joining Pinellas county Drug court judge, Dee Anna Farnell and Robert Neri, who is the senior vice president of WestCare Treatment Centers. The group will also include State Representative Darryl Rouson. The panel discussion will be mderated by Bay News 9 anchor Veronica Cintron. Its a good bet that those in attendance will be told to anticipate a significant rise in the number of arrests that will take place in the St. Petersburg and Clearwater area as a result of this new prescription fraud detection tool.

Arrested for a Drug Offense?

 

Call a Team of Former State Prosecutors 
Free Consultation - (727) 578-0303
Discuss Your Options & Possible Solutions Right over the phone

See our Criminal Defense website at: www.defensehelp.com
Visit or Comprehensive DUI Website: www.duistpetersburglawyer.com

 Possible Solutions - Your Prescription Fraud Arrest

     Watch a Video of Drug Court Judge Dee Anna Farnell

     Read Database Training Guide for Doctors & Pharmacists

Related Links:
Doctors & Pharmacists Begin Using New Drug Database
The 'Oxy Express': Florida's Drug Abuse Epidemic
Getting Your Pinellas Prescription Drug Charge Dismissed

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The New Frontier...Vending Machines Dispensing Pain Medications

The news media has been rightfully fixated on the increasing number of drug overdose deaths in the sunshine state. This month, the Florida Medical Examiners Commission found that almost eight Floridians a day are dying as a result of prescription pain medication abuse. Despite the overwhelming success of Pinellas County's Drug Court, the Clearwater / St. Petersburg area holds the distinction of leading the state in the number of reported prescription pill related deaths.

Scoring Pain Pills - The Old Fashioned Way

Pain pills are commonly secured through doctor shopping and prescription fraud scams that can lead to an arrest for felony drug possession charges.  Through this course of illegal conduct, many addicts unknowingly set themselves up for serious minimum mandatory prison sentences that are mandated by Florida's serious drug trafficking laws. What they later learn, is that by simply possessing certain quantities of the pills, it is "presumed" they are drug traffickers, despite their intent to only feed  their addiction and their total disinterest in selling or distributing the drugs.

See: "Drug Trafficking in Florida...A Crime You Thought You Understood."
See: Record Pinellas Oxycodone Prosecutions - How Did We Get Here?

Securing pills the "old fashioned way," is about to become a more riskier endeavor. That's because Florida's prescription drug database is scheduled to go live on September 1, 2011.

The prescription drug database will monitor patients who allegedly “doctor shop,” by going from doctor to doctor requesting pain pill prescriptions. This new computerized system will also allow doctors to have ready access to information that will enable them to decide whether to prescribe certain narcotic medications to patients based on their pain pill prescription history.

Desperate Measures for Desperate Addicts

Individuals with serious addictions are often driven to desperate measures to secure pain pill medications such as oxycodone, alprazolam (xanax), diazepam (Valium), morphine, methadone and  hydrocodone (Vicodin). This can lead to wearing a ski mask, leaping over drug store counters, pistol whipping pharmacy personnel or even threatening to shoot the pharmacist  with a sawed off shotgun in an effort to secure significant quantities  of pharmaceutical drugs.

In one case alone, four persons were shot dead in a Staten Island pharmacy in a prescription pill robbery gone wrong. There have even been "execution style" drug store robberies where rather than making a demand or threat for the pain pills, the perpetrators simply shoot the pharmacist in the back of the head and then go on to fill a backpack with pain killers. 

With the raging pain pill epidemic, robberies of drug stores have reached record levels. The New York Times recently reported that in the last three years alone, 1,800 pharmacists were victims of violent crime in the workplace. It is interesting to note that Florida, California, Washington, Indiana and Ohio lead the nation.

Coming Soon to a Pharmacy Near You... 

It is no wonder that thirty-three states and the District of Columbia are now using vending machines to dispense prescription medications.  Major drug store chains enjoy enormous cost savings by cutting back on the number of pharmacists they employ. There are also obvious safety benefits associated with the otherwise rash of violent crimes directed at that industry/occupation.

"InstyMeds" vending machines are akin to an ATM with the simplicity of a soda machine. The physician prepares a prescription with a web based software application that includes a personalized security code. The patient  thereafter enters his code number along with his date of birth on to the machine's keypad and the medication is dropped into a bin like a Diet Pepsi.  See: An ATM for What Ails You

Heist the ATM or Steal the Drug Vending Machine?

Thefts of ATM machines are common place. The Internet hosts plenty of security camera videos showing the brazen efforts of individual loading these heavy steel cased machines into the trunks of cars or into the beds of pick up trucks. One such video boasts of an ATM theft in only 36 seconds, Although the exact total number of nationwide ATM thefts is unavailable, some figures show the apparent ease and popularity of this serious offense. For example, last year Texas experienced over 100 ATM thefts and in the last twelve months, the city of San Diego alone saw 28 machines heisted.

Addiction can be stronger motivator than mere greed. Likewise, impaired people often exercise poor choices. With that said, you have to wonder if these new prescription pill vending machines will become an obvious target and contemporary method of illegally securing pain medications.

Have You or a Relative Been Arrested for a Drug Offense?

Call a Team of Former State Prosecutors!
Attorneys Who Can Help

Review a Comprehensive Criminal Defense Site:
www.defensehelp.com                      
                                     For St. Petersburg / Clearwater DUI Arrests:
                                     www.duistpetersburglawyer.com

Free consultation With a Criminal Defense Lawyer : (727) 578-0303

Related Videos:

Watch a Video on: How the InstyMeds Vending Machine Works

See: CNN Video "Addicts Putting Pharmacies Under Siege"

See: Surveillance Video of Drug Store Armed Robbery

Other Links:

New Court Ruling Could Cause Dismissal of all Pinellas Drug Charges
Retired Police Detective Arrested for Holding Up Drug Stores for Pain Pills
Pinellas Likely to Step up Oxycodone & Doctor Shopping Arrests
Possible Options for First Time Drug Offenders
How to Seal or Expunge a Pinellas Drug Arrest

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New Court Ruling Could Result in Dismissal of Your Pinellas County Felony Drug Charge

On July 27, 2011, the Federal District Court for the Middle District in Orlando, Florida decided the case of Shelton v. State of Florida, Dept. of Corrections. The Court ruled that Florida's criminal laws prohibiting the sale, delivery, manufacture or possession of controlled substances, were unconstitutional.

Why Florida's Felony Drug Laws Were  Found Unconstitutional

The Court criticized the Florida Legislature's elimination of the requirement in Florida Statute Statute 893.13, that the State Attorney's Office prove the accused's knowledge of the illegal nature of the substance in drug prosecutions. For example, if the prosecutor did not have to prove that the defendant knew the contraband he was possessing was illegal, the following unjust scenarios could occur:

1.  The luggage handler at the airport who unknowingly moves a bag containing cocaine onto the belt, would be guilty of possession or delivery of the drug;

2.  The mailman who unknowingly delivers a wrapped package containing oxycodone pills would be subject to a felony arrest;

3.  The custodian or janitor of a school who unknowingly picks up a student's backpack containing xanax tablets would be criminally liable;

4.  The truck driver who unknowingly hauls a shipping container that holds over 20 grams of marijuana would be setting himself up for arrest and prosecution.

Florida: The Odd Man Out

The Court found that Florida is the only state in the country where felony possession of a controlled substance or illegal drug is a “strict liability crime.” It is important to note that “strict liability crimes” do not always violate constitutional due process protections. However, the Court ruled that the significant penalties associated with Florida's felony drug charges require that the State show “intent” to commit the crime, rather than the plain fact of sale, delivery, manufacture or possession of the drug in order for the law to pass constitutional muster.

Some Media Outlets Simply Got It Wrong

Contrary to some media reports, the Shelton case does not force the police to stop making drug arrests or prohibit the State Attorney’s Office from attempting to prosecute felony drug offenses. Rather, it simply provides an avenue for criminal defense attorneys to attack the drug charge their client is facing.

How This Court Decision Could Help

Although the Federal ruling in Shelton is not outright “binding” on Florida judges, the reasoning, rationale and ruling could be highly persuasive to our local Pinellas county criminal court judges. Shelton allows an attack on the constitutionality of the Florida controlled substance statute, whether the question of knowledge is present in a particular case or not. In other words, Florida's drug laws are arguably outright unconstitutional on their face and the the Pinellas judge need not even visit the question of whether the accused knew the contraband was illegal.

As a result, we believe that a motion to dismiss based on this decision is a viable and attractive strategy for defending any of our clients who are facing a Pinellas felony drug charge. The reasoning in Shelton may even be applicable to drug trafficking charges that otherwise carry significant minimum mandatory prison sentences.

Recently, on August 17, 2011 Circuit Judge Milton Hirsch entered an order of dismissal with respect to 39 Florida drug cases pending in Miami-Dade county. The Miami court followed the reasoning of the federal court decision. This development now provides additional persuasive arguments for the Pinellas court to follow the precedent of the federal court decision in Shelton.  

Have You or a Relative Been Arrested for a Drug Offense?

Call a Team of Former State Prosecutors!
We are Lawyers Who Can Help

Free consultation With a Criminal Defense Attorney : (727) 578-0303

 

Visit our Criminal Defense website at: www.defensehelp.com
Visit our Pinellas DUI site at: www.duistpetersburglawyer.com

Related Links:

Fox News Video - Judge Rules Florida Drug Law Unconstitutional

Understanding Florida's Drug Trafficking Law
Understanding Florida's Prescription Fraud Law
Understanding Florida's Doctor Shopping Law
Understanding Florida's Prescription Drug Database
Understanding How Pinellas County's Drug Court Works

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Five Time Grammy Award Winner James Taylor Sings Praises in Pinellas Drug Court

James Taylor has seen both "Fire and Rain" in his lifetime. The famous singer-songwriter had an early career marked by drug addiction and depression. It was only after rehab, did the mild mannered soloist catch his stride.

Once recovered from his addiction to heroin and methedrine, Taylor recorded the ever memorable "Sweet Baby James" album which reached Number three on the US Billboard Top 10 Album Chart in 1970. The musician went on to meteoric success with such classic hits as "You've got a friend," Mockingbird," "How Sweet it is (To be Loved By You),"  and "Handy Man."

Taylor's warm acoustic guitar style incorporates guitar fret board techniques known as "hammer ons" and "pull off's. These have livened up chord progressions and allowed legion of fans to quickly identify his new songs on the radio. The "tunesmith" was blessed with a milk and honey voice that compliments his laid back style. His quiet demeanor and unpretentious nature draws a sharp contrast to most pop cuture icons. For all of his unassuming qualities, he has been rewarded with a 45 year career and loyal following that still fills concert venues.

In 2000, James Taylor was inducted into the Rock & Roll Hall of Fame. However, recently he made a special appearance in Pinellas County's Drug Court. It wasn't because he had fallen off of the wagon or that he had been arrested for drug possession. Taylor was there to support his backup singer, Valerie Carter who had avoided conviction on felony drug charges by successfully completing the drug court program. Taylor was also present to speak to the rest of the graduating class about what he referred to as "the disease of addiction." He reassured those facing criminal charges that  recovery opens up "a whole new life." Characteristic of the singer's humble ways, Taylor openly acknowledged to those in attendance that he was still participating in a twelve step program. In the end, he praised the drug court graduates, saying "they inspired him.'

Judge Deanna Farnell, has presided over Pinellas County's highly successful Drug Court for the past five years. The lawyers in our office can attest to her firm yet caring style. She is known to leave the confines of her bench and casually walk among the drug court participants in the courtroom - quickly recognizing and addressing individuals by their first names.

Unlike regular courtroom divisions, participants in drug court avoid convictions and often set themselves up to have their records sealed or expunged. But to earn this outcome, they will be required to attend regular "Judicial Status Check" hearings where their counseling efforts and urinalysis results will be up for review by the judge. The practice employs an element of accountability. Temptations to re-engage in the use of illegal drugs or violate the law are met with silent reminders that they will have to face Farnell's regular review.

But participation in the program is not accusatory or indicative of a modern day inquisition. Nor is it mind-numbing like a traffic safety course taken to avoid points on your driving record. To the contrary, the judge employs a variety of demonstrative aides and often relates entertaining stories. These "life lessons" help give participants the tools to better recognize potential scenarios that could cause them trouble and how to avoid them. Judge Farnell also employs a "carrot on the stick" approach...giving defendant's the opportunity to shorten the time they spend on probation by getting their GED, participating in organized 5K races, or kicking a long time smoking habit. See: Early Termination of Probation

If you have been arrested in the St. Petersburg, Clearwater area for a drug related offense, that involves marijuana, drug paraphernalia,  controlled substance possession, doctor shopping, or Obtaining a controlled substance by fraud speak to us about your options. We can explain the benefits of having the charge dismissed through participation in the PTI "Diversion" program or how a withhold of adjudication can avoid a formal felony or misdemeanor conviction. The lawyers in our office regularly appear in Drug Court. Call us for a free consultation. Have an experienced Pinellas county criminal defense attorney answer your questions.

Arrested for a Drug Related Charge? Scheduled for Drug Court?

We can help!

Free consultation: (727) 578-0303

 

Visit our DUI  website: www.duistpetersburglawyer.com
Visit our Criminal Defense website: www.defensehelp.com

Related Links:

Farnell: A Choice - Better Health Habits or Jail
Say "No to Drugs" Race in Clearwater
Outstanding Pinellas County Warrants
First Time Pinellas Drug Offender
Learn About Florida's Prescription Drug Database
Pinellas County Juvenile Offenses
Who is the Pinellas Judge Assigned to my Case?
The Right Criminal Attorney for Your St. Petersburg / Clearwater Case

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New 2011-2012 PCSO Budget Short- Sighted in Narcotics Division

There is one thing that prosecutors and criminal defense attorneys can readily agree upon...that when comparing the quality of police investigations and professionalism, the Pinellas County Sheriff Office stands at the top of local law enforcement agencies. You will hear regular complaints about the politics and questionable competency of our smaller "Andy of Mayberry" type police departments. But, when a modest sized municipality ultimately grows tired of the incompetency of their local police department, it is the PCSO their elected officials then contract with to provide law enforcement services for their citizens. (See: "It May Be Time to Disband Kenneth City Police.) 

Local Municipalities Close Poorly Run Police Departments

Over the last few years, we have seen eleven municipalities fire their police chief, disband their entire police department and look to Sheriff Jim Coats to take over the reins. The following list represents each town and the amount each municipality pays to the PCSO to provide for police protection:

Belleair Beach & Belleair Shores: $447,370

Belleair Bluffs: $447,500

Dunedin: $3,585,130

Indian Rocks Beach: $852,380

Madeira Beach: $935,100

North Redington Beach: $223,810

Oldsmar: $1,477,600

Redington Beach: $223,680

Safety Harbor: $1,264,940

Seminole: $1,716,410

South Pasadena: $711,990

Jim Coats has done a good job managing an operation that continues to grow in a geographical sense. This growth of course, comes with commensurate increased responsibilities and oversight. In 2010-2011, Sheriff Coats prowess in fiscal matters was proven when his spending was determined to be under budget in 53 of the 76 “sections” of the Pinellas County Sheriff’s Office. Likewise, the Pinellas County Sheriff’s Office saved in excess of $56 million from having inmates sentenced to alternative programs other than incarceration within the County Jail. These programs included electronic ankle bracelet monitoring and the day-reporting (Parks) program. (See: "Alternatives to Straight Jail Time.")

Pinellas Sheriff Told to Cut Spending

Each year since the economic decline, Jim Coates has been forced to deal with repeated County Commission demands to cut his budget. Coates has understandably been quite vocal about his concern that the continued reduction of law enforcement funding is compromising the safety of both the public and his deputies on the street.

Examining the New PCSO Budget - What We Found

Our office closely reviewed the recently released, eight-six page  PCSO proposed budget drafted by Coats for his submission to the Pinellas County Commission. We first checked Sheriff Coat's compensation and learned that he wisely did not provide for a raise or any cost of living increase to his salary.

Next, we looked at Pinellas DUI enforcement and learned that  Coats still has not budgeted any funds towards a “DUI Division.” (The PCSO DUI Squad was disbanded several years ago.) The budget for the “Crimes Against Children” section of the Pinellas County Sheriff’s Office had been cut by 10% and the “Community Education and Programs” section had its funding cut by 50%.

Slashing costs across the board in a difficult economic environment is somewhat understandable. Declining property values have translated into dwindling property tax revenues. As the old saying goes "you can't squeeze water from a stone."  Nevertheless, we question Jim Coat's budgetary decision to cut spending in the narcotics division. Although proposed cuts in the narcotics department were far less than other areas, ( only 1%),  this is an area inappropriate for any form of cut-back. In fact, it is sorely in need of a dramatic infusion of monetary assistance.

Pinellas Narcotics Division Likely to Be Overwhelmed & Understaffed

The prescription drug abuse epidemic has resulted in a trickle down increase in burglary, grand theft and dealing in stolen property related offenses that are committed by perpetrators attempting to support the high cost of their addiction.  Narcotics detectives in St. Petersburg, Clearwater and other areas of Pinellas county tell us that they are already overwhelmed by the current number of pill mills,  drug trafficking, prescription fraud, doctor shopping and felony drug possession offenses. The highly addictive nature of oxycodone and other prescription pain pills already claims the lives of seven Floridians each day.

By the end of this summer, the much delayed prescription drug monitoring program database is scheduled for activation. Once this program goes online, we predict that it will enormously increase the detection of doctor shopping and attempts to obtain prescription medication by fraud. Whereas before, these cases generally came to the attention of law enforcement when a sharp minded pharmacist detected some form of irregularity in the presentation of a prescription or questionable behavior when a purported doctor's office "phoned in " a prescription. One simply cannot envision the sheer number of illicit instances currently going undetected. But, all that will change with the automation and oversight of a sophisticated computer database designed to cross-check, validate and flag unusual prescription transactions.

Unless Jim Coats has a hidden "playing card up his sleeve," we believe that the prescription drug monitoring program will create havoc with his well intentioned budgetary plans.

Have You or a Relative Been Arrested for a Drug Offense?

Call a local Pinellas County criminal defense attorney with a background and experience in this area of the law. We can discuss possible remedies to get the charge dismissed through diversion programs, or avoiding conviction through a withhold of adjudication.

Free consultation: (727) 578-0303

Visit our Helpful Criminal Defense website at: www.defensehelp.com
Visit our Pinellas Drunk Driving site at: www.duistpetersburglawyer.com

Related Links:

Kenneth City Police Considers Disbanding Police Department

Pinellas Sheriff  Hits Targets For Cuts
Generic Oxycodone Likely to Fuel the Pain Pill Epidemic
Pinellas Sheriff Warns of Further Budget Cuts
Prescription Drug Database...Delayed Once Again
Getting Your Pinellas Drug Possession Charge Dismissed
Pinellas County Drug Court
Avoiding Conviction Through a Withhold of Adjudication

 

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Generic Oxycontin Likely to Fuel the Pain Pill Addiction Epidemic

 

The market research firm, IMS Health reported that U.S. sales of Oxycontin in 2010 exceeded $3.1 billion. It is well recognized that Purdue Pharma (the makers of Oxycontin) have a highly successful product on their hands. In fact, Oxycontin is probably the envy of the entire pharmaceutical industry.

It is also no secret that Oxycontin is often the primary focus of Pain Pill Clinic investigations, unscrupulous doctor prosecutions, prescription fraud arrests, doctor shopping cases and drug trafficking charges. Both local law enforcement and criminal defense attorneys alike will tell you that the pain pill epidemic we are experiencing in Pinellas county and throughout  Florida is led by the popularity of this highly addictive drug. The widespread abuse of Oxycontin was also a significant motivating force behind Florida's legislation supporting a mandatory state-wide prescription database.

Generic Oxycontin

Just a few days ago, Impax Laboratories, Inc. filed for FDA approval to sell a generic version of Purdue Pharma's Oxycontin 10, 15, 20, 30, 40, 60, and 80 mg controlled-release tablets. On April 15th, Purdue Pharma fired back with a lawsuit against Impax. Challenges of this nature are reportedly common, when a drug manufacturer races to be the first to deliver a generic version of a blockbuster drug to physicians and pharmacists.

This is not the first time that Purdue Pharma has found itself in court over its' manufacture of Oxycontin. Our office wrote extensively on the pharmaceutical company's various legal challenges that arose as a result of their misleading and deceptive "off-market" branding campaign. See "Record Oxycodone Prosecutions in Pinellas County: How Did We Get Here?"

Purdue Pharma was recently cast again in a negative light. Last week, the St. Petersburg Times reported that Florida Governor Rick Scott refused to accept a $1 million grant from Purdue Pharma to support the development of Florida's proposed prescription drug database. His position was applauded by Sub Committee Chairwoman Mary Bono Mack of the Federal House subcommittee on Commerce, Manufacturing and Trade during their hearing on the "growing danger of prescription drug diversion." 

What is a Generic Drug?

The Center for Drug Evaluation and Research of the U.S. Food and Drug Administration defines a generic drug as a product that is comparable to the name brand in dosage form, strength, route of administration, quality and performance characteristics, and the intended use. The FDA requires that a generic drug contain the same active ingredients as the original branded drug. Of course, generic drugs carry the same benefits and adverse side affects as the original name brand product. Thus, the addictive properties of a generic Oxycontin are on par with the original.

Expect a Significant Retail Price Drop for Oxycontin Substitute

The financial costs associated with the experimental development and testing of a new drug are staggering. The Journal of Health Economics, places this number in the hundreds of millions of dollars. The marketing and advertising necessary to garner acceptance by the medical community further adds to this expense.

Companies producing a generic drug do not have the financial burden associated with the laboratory discovery, clinical trials and FDA approval. Therefore, when a new generic drug hits the market, two economic principles immediately come into play:

1. The monopoly previously enjoyed by the original drug developer/manufacturer ends;
2. The sudden new retail competition results in significantly lower prices for both the original brand name drug and the new generic substitute,

Generic drugs are typically rushed to market by competing companies in the Pharmaceutical industry once the patent protection awarded to the original drug maker has expired. In this case, Impax attorneys are seeking to shorten the Purdue Pharma patent protection time period by about twenty months.

The Real Risk of a Generic Oxycontin

Increased manufacturing by multiple companies, greater availability, and a significant price reduction can only further fuel the epidemic level of illicit sale, addiction and abuse. The Pinellas County Drug Court and it's associated treatment providers, Operation PAR and WestCare are already up to their elbows in the treatment and counseling of persons facing Oxycontin related prosecutions. Putting a generic Oxycontin into the prescription pipeline is only likely to lead to greater arrest numbers in the St. Petersburg / Clearwater area.  Sadly, It will also result in an escalation of prescription drug related deaths caused by overdose.

Lawyers Who Routinely Handle Oxycontin Related Arrests

The lawyers in our office are former state prosecutors who routinely appear in Pinellas County courtrooms representing clients charged with felony drug possession and drug paraphernalia related cases. Consultations are free to discuss available defenses, diversion programs designed to result in the dismissal of charges and available addiction treatment.

Have You or a Relative Been Arrested for a Drug Offense?

We are local Pinellas County criminal defense lawyers with a background and training in this area of the law.

You can contact our office for a free consultation at: (727) 578-0303

Visit our Criminal Defense website at: www.defensehelp.com
Visit our Pinellas Drunk Driving site at: www.duistpetersburglawyer.com

Related Links:

Possible Solutions to a Drug Charge
Governor Scott Shifts His Position on Prescription Database
What Judges & Lawyers Say About Us
Florida Prescription Database Gets the Go-Ahead
Having your Pinellas Arrest Sealed or Expunged
FAQ on Drug Approval Process, Patents & Exclusivity
April 14, 2011 House Committee Press Release - Prescription Drug Abuse
Prescription Drugs - An Invitation Into The Pinellas Criminal Justice System

Watch a Highly Informative Film: The Oxycontin Express

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Oxycodone... a Scavenger Hunt in Pinellas for Those with Addiction

Despite Florida's reputation as the "Pill Mill of the South,"
Governor Rick Scott has begun efforts to repeal the prescription drug monitoring program. The program's prescription database has been hailed as the best tool available to law enforcement to thwart doctor shopping.

"Doctor Shopping" occurs when a patient visits a medical practitioner in an effort to obtain a prescription for a controlled substance, and fails to disclose to that doctor that they have already obtained a similar prescription from a different practitioner.  Doctor Shoppers sometimes resort to prescription fraud and selling the controlled substance on the street. These individuals often unknowingly run the risk of being charged with felony drug possession and  drug trafficking. See also:  "Drug Trafficking in Florida...a crime you thought you understood."

Given the death of seven Floridians a day from prescription drug overdose, much pressure has been placed on shutting down pill mills and prosecuting doctors who unethically prescribe oxycodone to patients who lack a legitimate medical need. See also: "No more pain clinics." Such efforts appear to be having some affect on the illicit marketplace. Those people suffering from addiction to oxycodone are facing new challenges to securing the drug in the St. Petersburg and Clearwater area.

Consider these developments:

• A new law that went into affect this past October that prohibits pain clinics from dispensing more than a three day supply of oxycodone;
  Some legitimate pain clinics are running criminal background checks on their patients;
• Many pharmacists are discontinuing the sale of oxycodone for fear of customer abuse and the rising threat of drug store robberies. (During 2008 - 2010 the sunshine state logged more than 1,800 drug store robberies);
• Even those reputable pharmacies that are still dispensing the drug have had their supplies cut because the DEA has been scrutinizing manufacturers and distributors. These companies are in turn, limiting the number of pills they send to ethical retail outlets;
• Some of the pharmacists left to sell the drug are scrutinizing customers for signs of impairment or other suspicious activity and declining to sell the drug...despite a legitimate prescription;
  Those limited drug stores still selling oxycodone have in many cases increased the price of each pill six-fold from $1.00 to $6.00;
  Street prices for oxycodone in St. Petersburg and surrounding areas have now risen from $10.00 to $15.00 per pill; A greater scarcity of the drug on the street has forced many people addicted to the drug to look to pharmacies to meet their demand;
• A greater scarcity of the drug on the street has forced many people addicted to the drug to look to pharmacies to meet their demand;
• Law enforcement believes the 50% increase in cost will translate into more risky and desperate acts on the part of those people who are driven to devise any possible method necessary to secure this highly addictive drug. The strong addictive nature of the drug, coupled with its high street price often leads to individuals engaging in various other felony offenses, such as burglary, grand theft, dealing in stolen property and worthless check offenses;
  

Arrested for a Drug Charge in St. Petersburg or Clearwater?

We are experienced criminal defense lawyers who regularly represent clients within the the St. Petersburg and Clearwater area facing drug charges. We make every effort on our client's behalf  to avoid a felony conviction and jail.

You can contact our office for a free consultation at: (727) 578-0303

Visit our Criminal Defense website at: www.defensehelp.com
Visit our Drunk Driving website at: www.duistpetersburglawyer.com

Other Related Links:

Prescription Drug Abuse - An Invitation to Pinellas Criminal Court

Man burglarizes his neighbor's Palm Harbor home looking for oxycodone

Painful Realities in Securing Oxycodone

 Pinellas County's Drug Court Helps Offenders Avoid Conviction

Watch NBC video on increased difficulty in securing oxycodone

 

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Florida Prescription Drug Database Delayed... Once Again

Our law office has very closely followed the Florida Legislature's creation of a computerized prescription  drug database. We have been honored  by reports that  the Russo & Russo  Prescription Drug Database website page is perhaps the most authoritative source on the Internet in detailing its history, intended  purpose and proposed operation.

In September, we wrote in a Blog that Corporate Wrangling over the prescription database contract had delayed the start of the program from the legislated deadline of December 1st, 2010 to February 2011. Only twelve days ago, in a second Blog article, we speculated that Governor Rick Scott's elimination of Florida's Office of Drug Control could translate into further delays. Now comes a report that we won't see the implementation of Florida's Prescription Database  program until late spring or summer - at the soonest. It seems that the losing contract bidder, Optimum Technology, Inc., has filed a second protest necessitating review by an administrative judge. You have to question the government's ability to effectively and timely handle this latest salvo in light of the fact that the Florida Office of Drug Control lost all funding and was forced to close its doors yesterday.

Our representation of numerous clients charged with felony drug possession, prescription fraud, doctor shopping and drug trafficking places us on the front line of the pain medication addiction battleground. Our regular appearance at the Pinellas County Criminal Justice Center also enables us to see first hand the growing case load of Circuit Court Judge Deanna Farnell as she presides over Pinellas County's Drug Court. There is no question that the Pill Mills and continued unmonitored practices of unethical physicians will benefit from this further delay. Unfortunately, the related deaths of seven Floridians a day who overdose on pain meds will remain an ongoing tragedy.

Arrested for a Drug Charge in St. Petersburg or Clearwater?

We are experienced lawyers who routinely handle drug charges within the the St. Petersburg and Clearwater area.  At Russo & Russo, our objective is to make every effort to pursue drug rehabilitation strategies in an effort to avoid conviction and jail.

Contact our office for a free consultation at: (727) 578-0303

Visit our criminal defense website at: www.defensehelp.com
Visit our Impaired Driving website at: www.duistpetersburglawyer.com

Other Related Links:

ABC Action News - Budget Cuts Bad News for Fight Against Pill Mills

Closing Office of Drug Control Will Cost Florida

New Governor Needs to Focus on Prescription Drug Abuse

Efforts to Halt Pill Pipeline From Florida Delayed

Avoiding Conviction for a Pinellas County Drug Charge

Prescription Drugs - An Invitation to Pinellas County Criminal Court

Drug Trafficking in Florida - A Crime You Thought You Understood

 

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