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March 2012 Archives

Are Harsher DUI Penalties Around the Corner?

I do not advocate drunk driving.  It is clearly unsafe for the driver and for everyone who shares the road with the driver.  However, a POLITICO article reports that the United States Congress is trying to legislatively coerce states to require the installation of a vehicle interlock device on the cars of everyone who is convicted a driving under the influence.  This would include first time offender, who may have never had any contact with the criminal justice system.  The Congress is able to force states to amend their own statutes by threatening to take away 5 percent of their regularly allocated safety money if they fail to enact this legislation.

Overcriminalization, and the State of Florida

Grits for breakfast is a blog about the Texas criminal just system.  On March 23 they took a look at the recent Supreme Court opinion, Missouri v. Frye.  The Supreme Court ruled that criminal defense lawyers are required to convey a plea offer to their client.  If they do not, then this may be grounds for obtaining a new trial.  I do not think that anyone has any problems with this opinion.  All defense attorneys should tell their clients about all plea offers. The blogger does look at little deeper and is astonished that the criminal conduct of Frye was related to a felony driving on a suspended license, and was looking at up to four years in prison.

Domestic Violence immunity through Stand Your Ground Laws

The Stand your Ground Defense can apply to variety of criminal cases including a simple domestic violence battery charge. The Stand your ground laws in the State of Florida have been a hot topic of discussion over the past couple of weeks related to the high profile case Trayvon Martin. In the Trayvon Martin case, law enforcement is refusing to arrest and charge the shooter, George Zimmerman. Mr. Zimmerman is attempting to apply the Stand Your Ground Laws in order to have immunity for the shooting death of Trayvon Martin. While there is great uproar across the country, it's important to understand the laws in the State of Florida.

Florida Legislature Passes Bill That Would Allow Early Release

The Florida Legislature has passed a bill that would allow for prison sentence modification.  Both the House and Senate, has passed bills that would allow for the early release of prisoners held for non-violent offenses.  The bill creates a new law that requires the Florida Department of Corrections to develop a reentry program designed to allow nonviolent offenders to have their incarceration reduced  by allowing them to participate in an intensive substance abuse treatment program.

Warrants issued for Prescription Pills Trafficking Ring

Law enforcement agencies across Central Florida are continuing their attack on the illegal possession of prescription pills and sale of prescription drugs. Over the past several months law enforcement agencies including the Drug Enforcement Agency (DEA) and Florida Department of Law Enforcement (FDLE) have added more officers, detectives and agents to combat the overwhelming increase in illegal possession of the prescription drugs. With this increase in law enforcement, the Courts across Central Florida have clearly seen a growth in illegal prescription drug cases.

CVS Decision Impacts More Than Just Florida Doctors

In an unprecedented act, a national pharmacy chain has informed a small number of Florida doctors, including a few in Orlando, that any prescriptions written for certain pain killing drugs (Schedule II narcotics) will not be filled by the pharmacy.

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