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...
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...
Continue ReadingI 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...
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...
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