Police tried to pull him over for a traffic violation; he took off, crashed, and officers then reported finding a loaded handgun and a large amount of marijuana. Because of his prior felony drug convictions, federal prosecutors are using the Armed Career Criminal Act (ACCA), which dramatically boosts the penalty for a felon caught with a firearm.

For people in Tampa Bay who already have a record, this case shows how quickly a stop that starts with a minor violation can explode into a federal nightmare. Under ACCA, three qualifying prior drug or violent felonies can turn a gun case into a 15‑year minimum, with no guarantee the judge can go lower. 

Old convictions that most people assume are “behind them” can suddenly be used to ratchet up the sentence when a gun and drugs are found after a stop, even on something as simple as an e‑bike.

For Tampa Drivers with Prior Felonies:

• A minor traffic violation can be the gateway to a full search, especially if you flee or resist.

• If officers find both a gun and drugs, federal prosecutors may step in and “adopt” the case.

• With three qualifying prior drug or violent felonies, ACCA can force a 15‑year mandatory minimum on a felon‑in‑possession charge.

• Those priors do not have to be recent, and they do not have to be federal convictions.

• What you say—and whether you try to run—during the stop often becomes a key part of the evidence used against you.

• Getting a defense lawyer involved early can be critical for challenging the stop, the search, or how your prior record is being used.

   

If you or someone you love has prior felonies and picked up a gun or drug case after a stop, especially in Hillsborough, Pinellas, or Pasco, talk to a defense attorney before you talk to anyone else. Federal enhancements like ACCA can turn what looks like a ‘simple’ case into 15‑to‑life overnight.

Fernandez Law Group offers aggressive and experienced Criminal Defense Attorneys to assist anyone in the full spectrum of their defense, whether they are charged with State or Federal crimes.

Federal cases are much more complex and require a great deal of knowledge and experience to successfully defend. Our criminal defense attorneys are all qualified to practice law in Federal Court.  Fewer than 10% of Florida lawyers have this ability. We cover all of Tampa Bay, Hillsborough County, Pinellas County and beyond.

For questions or concerns about traffic stops, federal time, the Armed Career Criminal Act (ACCA), or any other legal matter, we offer a free consultation and detailed case evaluation.