Homicide By Fentanyl Defense

Summary

The state must prove beyond a reasonable doubt that the accused caused the death through the unlawful distribution of fentanyl. The presence of other drugs could introduce reasonable doubt. Evidence of other drugs could be exculpatory. Police can use deceptive tactics, but entrapment could be a defense. The defense could argue bias, mishandling of evidence, and request a change of venue. The accused can request a bond hearing and may seek compensation for wrongful incarceration if found not guilty.

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In Summer County Florida what does the state have to prove to get a gu
Hello ****, to successfully get a guilty verdict in Florida, the state must generally prove beyond a reasonable doubt that:
- The accused committed the crime.
- The accused had intent to commit the crime.
Could you specify the type of charge for more specific information?
On a homicide by fen
Hello ****, in a case of homicide by fen in Florida, the state would generally need to prove:
- The accused caused the death of another person.
- The act was done by intentional and unlawful distribution of the drug fentanyl.
- The drug was the proximate cause of the victim's death.
What if the person had other drugs in their system as well. Wouldn't that be a factor?
Yes, the presence of other drugs could potentially be a factor, as it could introduce reasonable doubt about whether fentanyl was the proximate cause of death. However, the specifics would depend on the evidence and arguments presented in the case.
Would that be considered excuplatory evidence?
Yes, evidence showing the presence of other drugs in the system could potentially be considered exculpatory if it creates reasonable doubt about the cause of death. However, it would depend on the details of the case and how the evidence is presented.
The victims phone was used by police and they pretended to be the victim and asked him if they could get some "stuff" he though he wanted marijuana. He went to meet the victim, and they ambushed him.
Are you asking if the police's actions were legal? It's important to know that laws regarding police conduct vary by location. Could you please confirm if this occurred in Sumter County, Florida?
Yes and yes
In Florida, law enforcement officers can generally perform deceptive tactics, including pretending to be someone else, to investigate potential crimes. However, entrapment law could play a role if the police induced a person to commit a crime they wouldn't ordinarily commit.
He met the victim the previous night at a home where they both purchased fenanyl. The accused never ingested his and had it on him at time of arrest. The home where they met was never searched.
So, your question is whether the possession of fentanyl at the time of arrest and the location where it was purchased could affect the case?
Yes
In Florida, possession of fentanyl can lead to serious charges. However, if the location where the drug was purchased is not investigated, it could potentially impact the case. This could introduce reasonable doubt or be used to challenge the prosecution's narrative.
The accused has no record, was driving his mother's car, and worked with the victim who was his best friend. The house they went to and the person who lives there was known to both of them and has been arrested before and after and has a drug history. The victim and the person whose house they met at are both white. The accused is black. After posting bond the police waited until toxiology reports came back and summer county went into Marion county Florida with news crews, staked him out at his mother's house and rearrested him for homicide then made a special report showing his arrest and sent it all over the internet portraying him as a hardened drug dealer. How could this come into play for his defense?
In Florida, the defense could argue that:
- The accused had no criminal history, indicating a lack of a pattern of criminal behavior.
- The circumstances of rearrest may suggest a prejudicial portrayal.
- The relationship between the accused, victim, and the person at the house where the drugs were bought could be relevant.
However, the specifics will depend on the evidence available and how it's presented in court.
What type of evidence would the defense need to present to prove that sumtner county was prejudice?
To prove prejudice by Sumter County, the defense might need to present evidence such as:
- Proof of disparate treatment compared to similar cases.
- Evidence of biased statements or actions by officials.
- Media portrayal that unfairly prejudiced the defendant.
- Evidence of racial bias in the county's enforcement or prosecution patterns.
Remember, this is a complex issue and legal representation is recommended.
He is the first charged with the homicide charge by fentnayl in that county. What strategy would you use?
In this case, a potential strategy could include:
- Questioning the fairness of the prosecution: If he's the first person charged with this crime in the county, ask why. Is there a pattern of racial bias?
- Challenging the cause of death: If other drugs were present, argue that fentanyl wasn't the sole cause.
- Entrapment: If police induced the accused to commit a crime they wouldn't typically commit, this could be a defense.
- Character witnesses: Establish that the accused is a law-abiding citizen.

Remember, these are just suggestions. A defense attorney would provide the best advice.
The mother used the victims phone to call * and make calls o other people before the police arrived. Would that phone be considered tainted evidence?
In Florida, the use of the victim's phone by someone other than law enforcement prior to their arrival may potentially be considered tampering with evidence. However, this would depend on the specific circumstances and how the court views the action.
The police also took a second phone of the victims but returned that to the mother after she filed a motion only a couple of weeks later before the accused even knew it existed. The state said there was nothing on it and returned it. How would that be presented in court?
In court, the defense could:
- Question the validity of the police's examination of the second phone.
- Request a record of what was found.
- Argue potential mishandling or loss of evidence.
However, this would depend on the specifics of the case and the judge's discretion.
The victims family is well known and the father was in law enforcement in another county and the mother has a master's degree in law. They have deep community ties. With that and the fact they made sure news crews were present, and the other facts mentioned, should a change of venue be requested to another county?
A change of venue could be considered if:
- The publicity surrounding the case may prejudice the jury
- The community ties of the victim's family make a fair trial unlikely
The decision should be discussed with a defense attorney.
He is old and wants to plea out. He is well known and was a shark in his day, but past few years he has went for pleas instead of jury trials and the ones he has handled that went to trial they were found guilty. Is this a valid concern?
Are you concerned about the defense attorney's recent record of taking plea deals and losing trials?
Yes
It's a valid concern. The competence and strategy of your defense attorney are crucial. If you're uncomfortable, consider seeking a second opinion or a new attorney. Remember, it's your right to have effective representation.
It's not me who is accused. I am currently in college to be a non lawyer in florida.The defendants father came to me and asked for help. I've been looking into this case for months and the more I do, the more I feel that the accused was not treated fairly. I feel that the police listened to a distraught mother who happens to have her masters in law, wanted to impress her and the law enforcement father and wanted to make the first homicide case by fentanyl in that county since the law was just passed. The lead officer was promoted a couple of months later and is the same one who brought the news crews.
Given the complexity of this situation, it seems you're looking for advice on how to help the defendant's father. Are you asking for specific steps you can take as a non-lawyer to support their defense?
No I'm asking for strategy to defend the accused and giving you all the information I have gathered so far that I feel should be acknowledged. I am
Certainly. Based on the information you've provided, potential defense strategies could include:
- Question the cause of death: If other drugs were present in the victim's system, it may create reasonable doubt.
- Entrapment: If police induced the accused to commit a crime they wouldn't typically commit, this could be a defense.
- Challenge the fairness of the prosecution: If the treatment of the accused was biased.
- Consider a change of venue: Due to the victim's family's community ties and the media coverage.
- Address the evidence handling: If there was potential mishandling or loss of evidence.
Remember, it's important to consult a legal professional who can give specific advice based on all the details of the case.
Did I do a good job presenting the case to you? Are my concerns in the handling of this case valid?
Yes, you've done an excellent job presenting the case. Your concerns are valid and highlight potentially significant issues. Remember, it's crucial to communicate these concerns to a legal professional who can provide specific advice and strategies.
Should I go to law school and be a full attorney or stick with being a non lawyer
This choice depends on your personal and professional goals. If you're passionate about legal matters and want to officially represent clients, then law school could be a good fit. However, it requires significant time and financial investment. As a non-lawyer, you can still work in the legal field and contribute valuable work.
I have a *.* gpa any recommendations on which law school I should apply to?
That's an impressive GPA! Law schools often look for well-rounded candidates, considering LSAT scores, personal statements, and extracurricular activities. Top tier law schools like Harvard, Yale, and Stanford are often considered, but remember to consider the school's location, culture, and areas of expertise. Good luck!
Thank you! I have more questions about his case pertaining to a charge. Using two way communication in a felony. What strategy should be used to have that dropped?
To provide the most accurate advice, could you please specify the context of the two-way communication charge in this case? Is it related to the current homicide by fentanyl charge, or is it a separate issue?
Related
If the two-way communication charge is related to the homicide by fentanyl, it might be possible to:
- Challenge the legality of the communication, such as whether proper procedures were followed.
- Argue that the communication didn't contribute to the crime.
- Suggest that the communication was coerced or entrapped.
However, the specifics will depend on the evidence, and a defense attorney should be consulted.
The state is using the victims phone as the evidence from text messages they read. They never possessed the accused phone but obtained his records, google and social media account but charged him with that before they had a warrant.
So, your concern is that the state used the victim's phone data and the accused's digital records as evidence before obtaining a warrant. Is this correct?
Yes
In Florida, evidence obtained without a proper warrant may be challenged and potentially excluded from trial. This could be a strategy to have the two-way communication charge dropped. However, specific legal advice should be sought from a defense attorney.
Here is another theory i have. The father of the accused had been arrested a few times and convicted once of selling marijuana in Sumtner. Him and the accused have the exact same name and look almost identical. He had been arrested driving the same vehicle the accused was driving at the time. I think that the police thought at first it was him and was sloppy in their gathering of evidence and already had a mindset of wanting to be the first to use the newly passed homicide by fentanyl law. Is this a valid theory and what strategy should be used to present this to a judge?
Yes, it's a valid theory. The defense could:
- Highlight the potential for mistaken identity.
- Question the quality of the investigation.
- Suggest a predetermined mindset influenced the investigation.
However, this will require substantial evidence. Always consult with a defense attorney.
What types of evidence?
To support your theory, you might need evidence such as:
- Records showing confusion between the accused and his father.
- Instances of investigative errors or oversights.
- Statements indicating a bias towards using the new law.
Remember, the applicability of this evidence will depend on the case specifics.
The accused is 20 years old and has been in jail for over two years with no bond. Can he request a bond on that charge?
Yes, in Florida, an accused can request a bond hearing where the judge will consider factors such as the nature of the charges, the accused's ties to the community, and past record. However, for serious charges like homicide, obtaining bond could be challenging. It's important to consult with a defense attorney.
If he is found not guilty or if case was dismissed can he be compensated for his time in jail?
In Florida, compensation for wrongful incarceration is possible, but it requires:
- A declaration of wrongful incarceration by the court.
- A claim filed with the Florida Department of Legal Affairs.
- The accused must not have any prior felonies.
Remember, this can be complex, so consult with an attorney.
I have another question about a different case
Of course, I'd be happy to help. Could you please provide some details about the case in question?