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currency, various gold and silver coins, and jewelry in a safe.
They also uncovered drug paraphernalia, weapons, ammunition, and
other miscellaneous items. These items were seized and
inventoried by the Police Department.
Petitioner was arrested for cocaine trafficking. In
addition to a fine of at least $100,000, the minimum mandatory
period of incarceration for this offense was 5-years
imprisonment. See Fla. Stat. Ann. sec. 893.135(b)2 (West 1985).
Petitioner negotiated a plea agreement whereby he agreed to plead
nolo contendere in exchange for a lighter sentence. In order to
secure a recommendation for this lighter sentence, petitioner
rendered "substantial assistance" which, among other things,
required petitioner to participate in an undercover sting
operation and to remit $80,000 to the Police Department, which
would be used for their undercover work.
Petitioner remitted the $80,000 payment at the time of his
sentencing hearing. In light of this payment, petitioner's plea,
and his assistance to the authorities, the judge waived the
minimum mandatory confinement and fine and sentenced petitioner
to a lighter sentence of 3-1/2 years of probation.
Meanwhile, the property seized by the police was the subject
of a civil forfeiture action filed in Florida State court. At a
probable cause hearing that was held in this action, the
presiding judge found that the police had probable cause to seize
petitioner's personal property, and that the requirements had
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Last modified: May 25, 2011