Earlier this week Malika Mouton was arrested in Flagler County as being suspected of selling drugs three years ago to a woman who later died of a fatal overdose.
You may be shocked to learn that in Florida someone who sells drugs can be charged with murder. Under Fla. Stat. 782.04(1)(a)(3), it does constitute murder under Florida law where there is the unlawful killing of a human being, which results from the distribution of certain controlled substances, which does include heroin and fentanyl, as alleged in Ms. Moulton’s case.
In this case however, the police do not have enough to arrest her for murder and have arrested her for sale of heroin within 1,000 feet of a park. The amount and location of drugs can easily exacerbate charges from a lower level third degree possession charge to a second-degree sale or delivery or first-degree drug charge. In Ms. Moulton’s case, she has been arrested for a first-degree felony, punishable by up to 30 years, due to the simple fact that the State is alleging it occurred within 1,000 feet of a park. As a Defense attorney, the first step would be to verify location of the alleged offense and see if the State can actually prove where and if it occurred. Just a few extra feet could shave years off the sentence, so every inch counts! A zealous defense attorney would know to check every detail and also review the lab report on the drugs to confirm the State can meet their burden in this case. Without more facts, it is difficult to know what evidence the State has against Ms. Moulton, but with a legal defense team as strong as the one at Smith and Eulo, there would be a thorough review of all evidence and all potential legal arguments.
If you or a loved one needs the assistance of one of our Criminal Defense Attorneys, don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.