In a criminal trial, eyewitnesses can play a major role in whether the prosecution will obtain a conviction. Eyewitnesses, however, can sometimes prove to be unreliable, as shown by the recent Trayvon Martin case in Florida. When witnesses give inconsistent testimony, criminal defense for the accused can use these inconsistencies to discredit their testimony. For example, recently four witnesses...
Continue ReadingOrange County Commissioners voted to limit and regulate where new pain management clinics can open. New pain clinics will now be restricted to industrial zoning areas. These new restrictions were recommendations based upon Orange County’s prescription drug task force and is an attempt to limit prescription pill abuse. Clearly, prescription drug abuse is an epidemic not only in Orlando...
Continue ReadingInteresting day in 9th Circuit. Today sitting State Attorney Lawson Lamar defended his record as the circuit’s top prosecutor against rivals Ryan Williams and Jeff Ashton. Also in attendance was Joerg Jaeger. I say “also in attendance” was Joerg Jaeger as it is clear that his sole role in this election is to support Lawson Lamar. That support comes in...
Continue ReadingThe Orange County State Attorneys office has finally implemented a juvenile program run by the Department of Juvenile Justice (DJJ) allowing first time misdemeanor offenders an opportunity to avoid a criminal record. Since July of 2011, over 5000 juveniles have entered into the DJJ civil citation program across the state of Florida. This new civil citation program is intended for first time offenders charged with select...
Continue ReadingMuch safer than dealing drugs, experts say identity theft – especially tax identity theft – has become increasingly popular in Orlando and abroad. Though it often goes untracked, those accused of identity theft in Florida face lengthy prison sentences and hefty fines. The Federal Trade Commission reports Florida is at the epicenter of the remote crime in the United...
Continue ReadingA federal judge in Miami has ruled that the mandatory drug testing of government employees pursuant to Governor Scott’s Executive Order is unconstitutional. You can read Judge Ungaro’s opinion here. The Judge ruled that requiring drug testing of government employees violated the Fourth Amendment of the Constitution which prohibited unreasonable searches and seizures. Judge Ungaro wrote that “The fundamental flaw...
Continue ReadingI figured that I would not be a very good criminal defense attorney if I did not at least acknowledge the holiday that many people in this country celebrate. Am I talking about Earth Day? Nope. I’m talking about Marijuana appreciation day. For some reason, and the stories of the how this date came about are as varied as the...
Continue ReadingA Florida judge has dismissed a murder charge against a man who chased and fatally stabbed a car radio thief in Miami’s Little Havana area in January. In the wee hours of the night the accused man discovered two people in his truck stealing his car radio. Alarmed, they ran off. Carrying a knife, he chased one of them....
Continue ReadingEver since GPS trackers entered the retail market, law enforcement has been searching for ways to maneuver it into their criminal and drug crimes investigation arsenal. Over the years, I have had several clients inform me that they have found a mysterious device on their vehicle. After a clear inspection and even a quick Google search of the model...
Continue ReadingPolice are obtaining court orders requiring Apple and Google to help bypass security passwords to enable them access to a person’s cell phone. According to CNET police officers are using fill-in-the-blanks court orders for judge’s to sign to obtain access to a person’s cell phone. This practice is disturbing on multiple levels. Why is Apple retaining information on an iPhone’s...
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