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Florida Legal Information Topics, Discussions and Information relating to Legal Information specific to Florida. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 01-05-2018, 06:58 PM
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Theresa1228 Theresa1228 is offline
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Default High & K2 in property at work release center. Chances of new charges?

My son was caught high and staff found "grams" of K2 in his property at the work release center, sent back to Columbia in confinement. Classification officer told me today not only will he lose gain time, he may be charged with felony possession since work release is still considered a state facility. Said to call her in 2 weeks. What are the chances of the new charge? Suppose to have gotten out 4/21. Of course he will probably 60 days in lock, but the new drug charge? Don't many inmates get caught with drugs and not get new charges just DR? Guess it depends on staff decision.
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Old 01-05-2018, 08:34 PM
CenTexLyn CenTexLyn is offline
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MANY agencies prosecute the idiots that insist on introducing contraband into the facility. And where enhancement paragraphs exist for sentencing purposes, then expect the next level up since there is AT LEAST one final felony conviction for such purposes...

Why people insist on jeopardizing their freedom is beyond me...if they are doing stupid stuff like that WHILE STILL IN CUSTODY, then they are going to be doing it post-release.
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Old 01-05-2018, 10:44 PM
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Wonít be up to staff. I donít care what state or jurisdiction, this is a decision that is made by an outside prosecuting agency (District Attorney usually) and just about everything that could result in a new charge is going to be referred out, ESPECIALLY if it involves drugs.

I personally think itís counter-intuitive to give people more time over drug possession issues (although it sounds like maybe this wasnít simple possession but a distribution issue given the amount) but what I think doesnít matter: the law is the law and it does get prosecuted and people get YEARS added to their time for it. Unfortunately his decision could not only cost him his date and some punitive time but it could cost him a lot more time.
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Old 01-06-2018, 11:06 AM
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Quote:
Originally Posted by Theresa1228 View Post
My son was caught high and staff found "grams" of K2 in his property at the work release center, sent back to Columbia in confinement. Classification officer told me today not only will he lose gain time, he may be charged with felony possession since work release is still considered a state facility. Said to call her in 2 weeks. What are the chances of the new charge? Suppose to have gotten out 4/21. Of course he will probably 60 days in lock, but the new drug charge? Don't many inmates get caught with drugs and not get new charges just DR? Guess it depends on staff decision.
I think this is way more serious then just a simple possession, its also intro contraban to a corrections facility, way more serious.
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Old 01-09-2018, 09:02 PM
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FLDOC officials will report the matter to local law enforcement and the State Attorney. They will decide whether or not to commence a criminal prosecution. More than likely they will charge him with new crimes.

The way they will look at it is, he was on WR, he was given trust, he betrayed that trust, and he compromised the safety of other WR participants. K2 is a very dangerous synthetic drug. Inmates all over the U.S. have died from using it while incarcerated.

In a situation like this the thing to do is to be proactive versus reactive. Retain competent counsel now, before grand jury presentation. Doing so will afford defense counsel opportunity to work out a deal with the State early on in the event prosecution is opted for.

See, e.g.: https://www.winknews.com/2017/03/28/...gs-cellphones/
http://www.sun-sentinel.com/local/br...216-story.html

Last edited by ConCraft; 01-09-2018 at 09:17 PM..
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Old 01-22-2018, 12:23 PM
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Well, I can't say it never happens, I've just not heard of outside charges because of any drug being found.

I know you will get outside charges for staff assault, escape, explosives, guns and a few other things but, in 30 years I nor my friend in prison has never heard of outside charges for K2 or any other drug.

Now, CAN they push it, sure...but, it would be up to the DA.

I do know K2 is more frowned on than any other drug because it causes such horrible issues and when the user has convulsions it's just a waste of time, life and paperwork. And, it actually scares the officers even if they know what is going on. There have been many, many deaths because of K2 inside as well as out and they may be so fed up with the horror's of K2 they are going to start prosecuting.

I wish I had more solid details for you. Please let us know what the outcome is.
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