The Florida Supreme Court recently held that some criminal trials may be partially closed to the public, but the justices were split on their reasoning for this decision. Press and general public access to criminal proceedings help to ensure that defendants are granted fair trials. However, the court has held that in certain portions of trials involving sex crimes...
Continue ReadingGrits 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....
Continue ReadingThe 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...
Continue ReadingThe 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...
Continue ReadingLaw 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...
Continue ReadingIn 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. In late 2011, CVS/pharmacy sent an unsigned letter to these doctors notifying them of the decision. What was not...
Continue ReadingThe Florida Department of Law Enforcement (FDLE) recently launched a “spirited” defense of the Intoxilyzer 8000 machine – the machine it uses to test the blood alcohol content of suspected drunk drivers. Since theIntoxilyzer was put into service in 2005, it has been a subject of ridicule and attack among defense attorneys in several Florida counties who have claimed...
Continue ReadingA Florida criminal law case involving a drug-sniffing dog will go before the United States Supreme Court. The rights of criminal defendants are at stake in the matter, which will determine when the sensory skills of a canine may supersede a person’s privacy expectations. Marijuana Detected by Florida Drug-Sniffing Dog The case arises from a 2006 incident in which...
Continue ReadingAs a society we like to think that we can place our trust in law enforcement officers to not only protect us, but also our loved ones – and in the vast majority of situations Florida police officers rightly earn this trust. However, the Herald-Tribune recently released an investigative report that, if proven true, has unearthed some very frightening...
Continue ReadingThe Florida Supreme Court heard arguments last month regarding the constitutionality of a particular state drug law. Their ultimate decision will not only impact the defendants in this specific case, but may have ramifications for countless other Florida drug crime cases. Florida Drug Law at Issue According to a federal judge in Orlando, the drug law at issue doesn’t...
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