Roscoe Riley (not his real name) was charged with conspiracy to commit racketeering in Okeechobee County. The information alleges a conspiracy to violate unspecified provisions of Chapter 893, dealing with controlled substances.
Attorney Garland sought, without success, to dismiss the charge for failing to properly outline the scope and purpose of the conspiracy. The motion was denied.
Curiously, Defendant Riley was charged in a single-person information – even though the so-called “organization” supposedly involved several dozen participants. The discovery showed that Riley’s involvement, if involved at all, was as a retail customer of small amounts of methamphetamine. Each of the transactions occurred, supposedly, in Glades County.
Okeechobee Criminal Attorney Jeffrey Garland sought, again without success, to dismiss the charge on the basis that retail customers cannot be participants in an enterprise selling and distributing methamphetamine. The court rejected arguments that retail customers do not have a commonality of interest with drug dealers.
Since Riley was charged all by himself in a “free-standing” information, Attorney Garland moved for a change of venue based on Florida Statute 910.03(1). The venue change to Glades County was ordered on 5/12/16.
The defense of this case continues.
If you have recently been charged following a criminal arrest contact Okeechobee Criminal Attorney Jeffrey H. Garland, P.A. at (772) 489-2200.