Articles Posted in Drug Crime Defense

It’s the Client’s Call
Brancato Law Firm, P.A.

A Tampa Criminal Defense Case Study By Rocky Brancato One of the most important principles in criminal defense is one that clients don’t always understand at first: it’s your case, not mine. My job is to advise you. I tell you what the evidence shows, what the law says, what the likely outcomes are, and…

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Florida’s Second DCA Limits Plain Smell Cannabis Search Doctrine
Brancato Law Firm, P.A.

Landmark en banc ruling holds that the odor of cannabis alone is no longer enough to establish probable cause for a vehicle search in Florida KEY HOLDING: WILLIAMS V. STATE (FLA. 2D DCA 2025) The odor of cannabis, by itself, is no longer sufficient to establish probable cause for a search. Because medical marijuana and…

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Florida 6th DCA Narrows Drug Convictions Based on Park Ownership Evidence
Brancato Law Firm, P.A.

Case Update: Thomas Andrew Vana, Jr. v. State of Florida, Case No. 6D2023-2407 (Fla. 6th DCA Sept. 5, 2025) On September 5, 2025, the Florida Sixth District Court of Appeal issued a decision in Thomas Andrew Vana, Jr. v. State of Florida that directly addresses enhanced penalties under drug laws. This Florida drug conviction reversed…

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Florida Marijuana THC Possession Laws: Felony vs. Misdemeanor
Brancato Law Firm, P.A.

Facing Marijuana THC Possession Charges in Florida? Here’s What You Need to Know A simple mistake regarding marijuana THC possession can have serious consequences in Florida. Many people believe marijuana is decriminalized. However, the law treats different forms of cannabis drastically differently. Understanding these distinctions is crucial. They can mean the difference between a misdemeanor…

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Tampa Police Mistakes Can Lead to Case Dismissal
Brancato Law Firm, P.A.

Constitutional Violations Create Powerful Defense Opportunities The Key Principle When police violate your constitutional rights, a judge can exclude any evidence obtained as a result. Without that evidence, the State may have no choice but to dismiss your charges. When you face criminal charges in Tampa, every piece of evidence counts. However, how police obtain…

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Florida Court Reverses Cannabis Trafficking Conviction
Brancato Law Firm, P.A.

Hemp Legalization Requires Chemical Testing to Prove Illegal Cannabis Campbell v. State, No. 2D2023-0651 (Fla. 2d DCA Mar. 26, 2025) Case Summary Holding: Florida’s Second DCA reversed a cannabis trafficking conviction because the State only tested 1 of 50 bundles—failing to prove the total quantity exceeded the legal hemp THC threshold. Key Rule: After hemp…

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What is Drug Trafficking in Florida?
Brancato Law Firm, P.A.

When people hear the term “drug trafficking,” they often imagine large-scale international smuggling—bricks of cocaine hidden on a plane or massive shipments arriving by boat. However, in Florida, trafficking charges do not necessarily require transportation or distribution. Simply possessing a specific amount of a controlled substance can lead to a trafficking charge, even if there’s…

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Can I Get a DUI While Driving High on Medical Marijuana?
Brancato Law Firm, P.A.

Many people assume that because medical marijuana is legal in Florida, they cannot be charged with a DUI while driving after using it. However, Florida Statute, 316.193 makes it illegal to operate a vehicle while impaired by alcohol, a controlled substance, or a chemical substance that affects normal faculties. Medical Marijuana and DUI in Florida…

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 Florida Medical Marijuana Transportation Laws
Brancato Law Firm, P.A.

What Tampa Patients Need to Know About Paraphernalia and Transport Rules Key Takeaway for Tampa Patients In Williams v. State (October 2025), the Second District Court of Appeal ruled that the odor of cannabis alone is no longer enough to establish probable cause for a vehicle search in Tampa and Hillsborough County. As Florida continues…

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Confidential Informants in Florida Criminal Cases: What Tampa Defendants Need to Know
Brancato Law Firm, P.A.

If you’ve been charged with a crime in Florida and a confidential informant (CI) is involved in your case, understanding their role is crucial. Confidential informants can make or break a criminal case, and how their identity and information are handled can directly impact your defense. Learn more from a top rated Tampa Drug Crimes…

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Mantha W.

I would recommend Mr. Brancato to absolutely anybody. I have been fighting this specific case for about 4 years now and he was able to set time aside to accommodate and was able to get the charges dismissed in less than a WEEK. I can’t thank him enough, and...

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The rare lawyer with a heart Mr. Brancato not only proved his legal acumen, but he did so with genuine empathy and caring. I felt he was personally invested in my success, and acted above and beyond my expectations. He kept me informed all steps of the...

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Lucciano Carmelo

I felt very lucky to be represented by brancato law firm Never had any issues with communication or help with resources and made the whole process easier to navigate Very greatfull he helped me reach the best outcome

Logan Traun

Atty Rocky Brancato is an excellent attorney. He genuinely cares about his clients. You would not find anyone else as compassionate and talented as he is as a lawyer. I would 100% recommend him.

Ana R.

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