Legal Blog - Page 49 of 52 - Moses & Rooth Criminal Defense Lawyers

Apr 26, 2012 | By Jay Rooth | Read Time: < 1 minute | Fourth Amendment

Mandatory Drug Testing for State Employees ruled Unconstitutional

A 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...

Apr 20, 2012 | By Jay Rooth | Read Time: < 1 minute | Drug Charges

America Celebrates Pot Day

I 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...

Apr 13, 2012 | By Jay Rooth | Read Time: 2 minutes | Domestic Violence

Man who Killed Thief is Freed Based on Florida’s “Stand Your Ground” Law

A 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....

Apr 4, 2012 | By Jay Rooth | Read Time: 2 minutes | Drug Charges

GPS Trackers are everywhere!

Ever 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...

Apr 4, 2012 | By Jay Rooth | Read Time: < 1 minute | About Us Archives

Think Your Locked IPhone is Safe? Guess Again.

Police 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...

Mar 28, 2012 | By Jay Rooth | Read Time: < 1 minute | DUI

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...

Mar 26, 2012 | By Andrew Moses | Read Time: < 1 minute | Prison & Sentencing

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....

Mar 21, 2012 | By Andrew Moses | Read Time: 2 minutes | Domestic Violence

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...

Mar 16, 2012 | By Andrew Moses | Read Time: 2 minutes | Prison & Sentencing

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...

Mar 14, 2012 | By Andrew Moses | Read Time: < 1 minute | Prescription Pills & Opioids

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...