Criminal Law

New Website: Federal Criminal Lawyer FAQ

Posted on November 20, 2009
I'm pleased to announce the launch of another FAQ style website for our firm. The Federal Criminal Lawyer FAQ, located at www.federalcrimefaq.com, answers common questions on a wide variety of federal crime topics, including sentencing, defenses, and types of federal crimes...

How Can You Avoid a Minimum Mandatory Sentence in Federal Court?

Posted on November 18, 2009
A minimum mandatory sentence is a minimum prison sentence that a judge must impose for a particular crime, without consideration of mitigating circumstances. In federal court, there are only two ways to avoid such a sentence: safety valve and cooperation...

Still Another Way to Avoid Prison

Posted on November 04, 2009
         I previously published two articles on this website entitled "Florida Sentencing and Drug Court Programs" and "Amended Law Provides Additional Ways to Avoid Prison."  Both of those articles looked at new laws that make it possible for some people to avoid being sent to prison even though the Florida Sentencing Guidelines call for a prison sentence...

Amended Law Provides Additional Ways to Avoid Prison

Posted on October 25, 2009
          Earlier this month, I published an article on this website entitled Florida Sentencing and Drug Court Programs in which I noted that if a criminal defendant has more than 44 total sentence points on the sentencing guidelines, he is supposed to be sentenced to state prison...

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When is Someone in Constructive Possession of Drugs?

Posted on October 19, 2009
          In order to prove someone guilty of the crime of trafficking in cocaine, a prosecutor must establish that the accused individual knowingly was in either actual possession or constructive possession of 28 grams or more of cocaine...

Florida Sentencing and Drug Court Programs

Posted on October 12, 2009
          Florida's sentencing guidelines determine sentences for felony offenses (except for death-penalty cases) based primarily on the following two factors:   The conduct associated with the offense...

Expungement of Your Criminal Record and Your Right to Have a Hearing

Posted on October 03, 2009
When someone seeking to have her criminal-history record sealed or expunged files the appropriate paperwork with the Court including a certificate of eligibility issued by the Florida Department of Law Enforcement, that person is legally entitled to have her record sealed unless the judge hearing the case finds that there is a good reason to not do so...

Expungement of Criminal Records and Judges' Rulings

Posted on September 26, 2009
          The rule that governs the expunction of criminal history records in Florida states that 'any request for expunction of a criminal history record may be denied at the sole discretion of the court.' Nevertheless, Florida law has consistently held that the words 'sole discretion' do not permit judges to arbitrarily deny requests for expunctions...

Double Jeopardy and Dismissal of Charges

Posted on September 20, 2009
          The Double Jeopardy Clause, which is contained in the Fifth Amendment to the United States Constitution, states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb...

Federal Sentencing Guidelines: Be Careful What You Agree To

Posted on September 11, 2009
          Imagine the following scenario:  You have been charged in federal court with one count of conspiracy to distribute crack cocaine.  After reviewing the prosecutor's evidence against you, you decide that it is in your best interest to plead guilty to the one count that you have been charged with...

Death Penalty: Was an Innocent Man Executed?

Posted on September 04, 2009
          It is becoming more and more commonplace to hear news accounts of individuals who were convicted of first-degree murder, sentenced to death, and then released years later after it was discovered (typically through DNA testing) that they were actually innocent...

Violation of Probation and Hearsay

Posted on August 31, 2009
          It has long been the law in Florida that a person's probation cannot be violated based solely upon hearsay.  This particular rule of law was at issue in the case of Lewis v. State of Florida which was decided in 2008 by Florida's Fourth District Court of Appeal...

Domestic Violence and Possession of a Firearm

Posted on August 25, 2009
          It is common knowledge that it is illegal for someone who has been convicted of a felony to possess a firearm.  But what is not so commonly known is that it is also a federal crime for a person who has been convicted of a misdemeanor crime of domestic violence to possess a firearm...

Suspended License Law Amended

Posted on August 22, 2009
          It used to be the case that anyone convicted of driving with a suspended license in Florida three or more times was guilty of a third-degree felony carrying with it a maximum penalty of five years in prison...

Sex Offender Registration Removal and a New Florida Case

Posted on August 18, 2009
       Florida law provides that under certain circumstances an individual may have his name removed from the sex offender or sexual predator registry.  However, before that can occur, the judge deciding the matter must determine that removal of the person's name will not conflict with federal law...

Deportation and Criminal Convictions

Posted on August 13, 2009
          A criminal conviction (which includes a withhold of adjudication) can have serious ramifications pertaining to the deportation of someone who is not a United States citizen but who wishes to remain lawfully in the U...

Self Defense: What Are the Police Not Allowed to Testify About at Trial?

Posted on July 21, 2009
          According to Florida law, a person cannot be arrested for using force--even deadly force--unless the police first determine that there is probable cause to believe that the force used was unlawful...

Registered Sex Offenders: Suing to Find a Place to Live

Posted on July 14, 2009
          It seems that the thorny issue of where registered sex offenders should be allowed to live just won't go away.  In 2007, I wrote an article entitled "Sex Offenders:  Where Can They Live?," and in 2008 I wrote an article entitled "Where Can You Live in Florida if You Are a Registered Sex Offender?"  Palm Beach Post staff writer John Lantigua has now written an article entitled "Registered sex offenders:  Where can they live?"             In his article, Mr...

Murder and Principals

Posted on July 11, 2009
          Earlier this week, Palm Beach Post writer Susan Spencer-Wendel wrote an article entitled "She's guilty of murder, but shooter's free" in which she recounted how a young woman named Ashley Ramirez was convicted of robbery and first-degree murder with a firearm even though the jury who decided her case found that she did fire the gun that killed the victim nor did she even possess it...

Statute of Limitations and Sex Crimes: Should There Be a Time Limit on Reporting Sex Crimes?

Posted on July 05, 2009
          Yesterday, Palm Beach Post Capital Bureau writer Dara Kam wrote an article entitled "Lantana mother of sex-abuse victim joins fight against molesters."  In her article, Ms. Kam recounted the case of a man who was repeatedly molested when he was a young boy but who waited until after the statute of limitations expired to report the crime...

False Accusations of Domestic Violence

Posted on July 03, 2009
          Do current immigration laws in the United States encourage one spouse to falsely accuse the other spouse of domestic violence?  This became an important question in a recent case of mine in which my client, who was a permanent legal resident of the United States, was accused by his wife of domestic battery...

Florida's New DNA Law: Is It Constitutional?

Posted on June 28, 2009
         Earlier this month, Florida's governor, Charlie Crist, signed Senate Bill 2276 which permits the police to take a DNA sample from anyone who is merely arrested for a felony offense.              In an article entitled "Crist signs law ordering DNA tests for all arrested in felonies, raising privacy fears," Palm Beach Post staff writer Dara Kam observed that a Minnesota appellate court held a similar law to be unconstitutional...

Rush Limbaugh's Pretrial Intervention Agreement

Posted on June 24, 2009
          In 2006, political commentator Rush Limbaugh was charged with committing the crime of Withholding Information from a Practitioner.  On May 1, 2006, Limbaugh entered into a Deferred Prosecution Agreement with the Office of the State Attorney...

What Happens When a Judge Sets a Bond that is the Equivalent of No Bond?

Posted on June 15, 2009
          It is an all-too-frequent occurrence in Florida's criminal courts that a judge will set a bond in a given case, yet the accused individual continues to remain in jail because he cannot afford to pay that bond...

When is it Illegal to Search a Student?

Posted on June 07, 2009
          In the case of New Jersey v. T.L.O., the United States Supreme Court stated that "[u]nder ordinary circumstances, a search of a student by a school or other school official [is permitted] when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school...

When Does Police Trickery Cross the Line?

Posted on June 05, 2009
          On March 4, 2008, I wrote an article on this blog entitled "Are the Police Allowed to Lie to Get You to Confess?"  I answered that question by saying, "[Y]es, the police are allowed to lie to you to get you to confess...

When is a Police Roadblock Illegal?

Posted on May 31, 2009
         You have probably seen police roadblocks when you were out driving your car, and you may have even been stopped at one, but did you know that before the police are allowed to actually set up a roadblock they are first required to prepare written guidelines so that the officers conducting the roadblock do not violate motorists' rights by, for example, stopping motorists because of their race or ethnicity?             In the case of State of Florida v...

What is an Administrative Expunction?

Posted on May 29, 2009
          Sometimes a person will be arrested, yet the case never actually goes to court either because the police do not file the case with the State Attorney's Office or because the State Attorney's Office decides not to prosecute the case...

How the FBI Misidentified a Suspected Terrorist Using Fingerprint Evidence

Posted on May 25, 2009
<p>          In May 2004, the <a href="http://en.wikipedia.org/wiki/Federal_Bureau_of_Investigation">Federal Bureau of Investigation</a> (FBI) arrested <a href="http://en.wikipedia.org/wiki/Brandon_Mayfield">Brandon Mayfield</a>, a lawyer, as a <a href="http://en...

Prosecutors Fight Access to DNA Tests for Convicts

Posted on May 22, 2009
          The following article appeared in the New York Times earlier this week:           In an age of advanced forensic science, the first step toward ending Kenneth Reed's prolonged series of legal appeals should be simple and quick: a DNA test, for which he has offered to pay, on evidence from the 1991 rape of which he was convicted...

The Entrapment Defense in Federal Court

Posted on May 17, 2009
          In the case of United States v. Francis, the U. S. Court of Appeals for the Eleventh Circuit stated that the defense of entrapment consists of the following two elements:             1...

Minnesota Supreme Court Orders Prosecutors to Turn Over Computer Source Code for Breathalyzer

Posted on May 15, 2009
          On January 25, 2009, I posted an article on this website entitled "Judge Throws Out More Than 100 Breathalyzer Tests."  The article discussed how two different appellate courts affirmed the rulings of Manatee County Court Judge Doug Henderson that evidence of breath alcohol tests in more than 100 drunk-driving cases could not be presented at trial because the company that makes Florida's breathalyzers, CMI, Inc...

What Can You Do When the Police Break the Law? Sometimes Nothing at All Says the U.S. Supreme Court

Posted on May 08, 2009
          Earlier this year, the U.S. Supreme Court decided the case of Herring v. United States in which the issue presented was whether evidence found during a search incident to arrest must be excluded in a later prosecution when that evidence was seized by the police in violation of the Fourth Amendment to the U...

U.S. Supreme Court Modifies Search-Incident-to-Arrest Exception to Warrant Requirement

Posted on April 30, 2009
          The United States Supreme Court has repeatedly stated that searches conducted by the police without first obtaining a search warrant are unlawful unless those searches fall within certain recognized exceptions to the warrant requirement contained in the Fourth Amendment to the U...

When Can a Judge Increase Your Bond?

Posted on April 24, 2009
          When a person is arrested for a State crime in Florida, he is typically taken before a judge within twenty-four hours of his arrest so that the judge can set the conditions of his release from jail...

Federal Appeals Judge Declares Capital Punishment System to be Broken Beyond Repair

Posted on April 20, 2009
          In the case of Wiles v. Bagley, Boyce F. Martin, Jr., a judge on the United States Court of Appeals for the Sixth Circuit, stated that "[c]apital punishment in this country remains 'arbitrary, biased, and so fundamentally flawed at its very core that it is beyond repair...

When Does the Government Cross the Line Between Trapping an Unwary Innocent Person Versus Trapping an Unwary Criminal?

Posted on April 12, 2009
         In the case of Jacobson v. United States, the U.S. Supreme Court reversed the conviction of Mr. Jacobson after finding that agents of the federal government entrapped him when they overstepped the line between trapping an unwary innocent person and trapping an unwary criminal...

Federal Appeals Court Overturns Lower-Court Rulings that Found Sex Offender Registation Act Unconstitutional

Posted on April 05, 2009
          In the two cases of United States of America vs. Powers and United States of America vs. Buckius, both Mr. Powers and Mr. Buckius were indicted for failing to register as sex offenders as required by the Sex Offender Registration and Notification Act (otherwise known as "SORNA")...

See My New Website That Answers Your Frequently-Asked-Questions About Sealing or Expunging Florida Criminal Records

Posted on March 26, 2009
          I'm launching a new website that answers your frequently-asked-questions about sealing or expunging Florida criminal records.  Many people who contact me about sealing or expunging their criminal records ask the following questions:           1...

My New Website: Florida Criminal Records FAQ

Posted on March 26, 2009
          I'm pleased to announce the launch of a new website for my law firm, the Florida Criminal Records FAQ.  The purpose of this new website is to answer many basic questions about criminal records in Florida, with an emphasis on how to seal or expunge such records...

DNA Evidence is Only as Reliable as the People and Methods Used to Examine It

Posted on March 16, 2009
          DNA profiling is a method used by forensic scientists to help identify a criminal suspect based upon his unique genetic code.  If you watch some of the crime-scene shows that appear frequently on television, you would think that DNA profiling is infallible...

60 Minutes on Eyewitness Testimony & False Memories

Posted on March 11, 2009
The television show "60 Minutes" recently presented a very interesting segment on eyewitness testimony and false memory.  Contained in this article are three video segments and a PDF printed version of the story's text. Eyewitness Testimony, Part 1: Watch CBS Videos Online Eyewitness Testimony, Part 2: Watch CBS Videos Online Exclusive, The Bunny Effect: Watch CBS Videos Online Here is a PDF capture of of the story's text.

Florida Cases Where Jurors Were Allowed to Hear Evidence of Previous False Accusations

Posted on March 05, 2009

Why Florida Jurors Are Rarely Allowed to Hear Evidence of Previous False Accusations

Posted on February 23, 2009
          In many criminal cases, the evidence presented at trial boils down to one witness accusing the person on trial of committing an illegal act.  For example, in some rape cases, the prosecution's main evidence consists of the alleged rape victim's testimony that the accused individual is the man who raped her...

Unless You Object to the Police Searching Your Home Now, You May Not Be Able to Complain Later

Posted on February 13, 2009
          Wayne R. Lafave, a noted criminal-law scholar, has said that "there is no dispute that [police searches based upon consent] affect tens of thousands, if not hundreds of thousands, of people every year...

When is Consent to a Police Search Invalid?

Posted on February 06, 2009
          In many cases in which the police want to search someone's car or home, they try to obtain the owner's verbal or written consent so that they do not have to get a search warrant from a judge or otherwise be concerned about the lawfulness of conducting a search...

Judge Throws Out Evidence Obtained by Police at DUI Checkpoint

Posted on January 28, 2009
          Manatee County Court Judge Doug Henderson recently issued an order suppressing all evidence that the police obtained at a sobriety checkpoint in 2008.            According to an article that appeared at BradentonHerald...

Judge Throws Out More Than 100 Breathalyzer Tests

Posted on January 25, 2009
          Two years ago, Manatee County Court Judge Doug Henderson ruled that evidence of breath alcohol tests in more than 100 drunk-driving cases could not be presented at trial.  According to an article that appeared earlier this month at BradentonHerald...

When is Self-Defense Not a Defense?

Posted on January 01, 2009
          Several Florida cases in which defendants claimed self-defense have been overturned on appeal because the trial judge incorrectly read to the jury what is sometimes referred to as a forcible-felony jury instruction...

Self-Defense and Dismissal of Charges

Posted on December 24, 2008
          It is the law in Florida that when a person accused of committing a crime claims that he acted in self-defense, the case should be dismissed by the trial judge when the prosecution's evidence is legally insufficient to rebut the claim of self-defense...

Self-Defense and the Right to Bear Arms

Posted on December 16, 2008
          The Second Amendment to the United States Constitution states that "[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed...

South Florida Sun-Sentinel: 2 Get "Deal of a Lifetime" in Drag Racing, DUI Crash That Killed Boynton Man

Posted on December 03, 2008
The following article appeared in the April 30, 2008 edition of the South Florida Sun-Sentinel. Ron Chapman represented and obtained a favourable outcome for the defendant Ramirez.   By Nancy L. Othon South Florida Sun-Sentinel April 30, 2008 Two men who were racing cars and driving drunk when their friend was killed last year after a house party in Boca Raton received what a judge called the 'deal of a lifetime' Wednesday and were sentenced to one year in the Palm Beach County Jail after pleading guilty to DUI manslaughter...

Expunging a Minor's Criminal History Record

Posted on November 26, 2008
          There is a procedure in Florida for expunging a minor's criminal history record.  That procedure, which is contained in Florida statute section 943.0582, differs in at least three important respects from the procedure that exists for expunging the criminal record of an adult...

DUI & Double Jeopardy

Posted on November 22, 2008
          Jeff Norman of The Huffington Post recently emailed me the following question:           "What makes it legal for police to detain a DUI arrestee until he or she is 'sober,' when the only purpose of the detention is to maintain safety, and there is no intent to bring the arrestee before a judge for arraignment?  I’m not questioning anything about the arrest or booking process; I’m only asking about the extended detention (usually an overnight jail stay) that begins when the booking process has been completed...

Racial Prejudice in the Criminal Justice System

Posted on November 17, 2008
          In spite of all the progress that has been made during the last several decades in the area of race relations in the United States, a recent study suggests that many white Americans still hold negative views about blacks...

When Does Ramming Another Car Constitute the Crime of Aggravated Battery?

Posted on November 09, 2008
          In many cases in which an individual is charged with committing the crime of aggravated battery, the weapon that is used is a knife or a gun.  However, it is also possible to commit aggravated battery using a car...

When is a Fork a Deadly Weapon?

Posted on November 02, 2008
          In the case of C.A.C. v. State of Florida, the Second District Court of Appeal was asked to decide whether a fork is a deadly weapon in a case in which the accused individual was charged with committing the crime of aggravated battery...

What is the Crime of Aggravated Battery in Florida?

Posted on October 26, 2008
          A person can commit the crime of aggravated battery in one of three ways in Florida.  If a person, while committing the crime of battery:            1...

Georgia Law that Prohibited Registered Sex Offenders From Living Within 1,000 Feet of Areas Where Children Congregate Declared Unconstitutional

Posted on October 19, 2008
          In 2007, the Georgia Supreme Court ruled as unconstitutional a Georgia law that prohibited registered sex offenders from living within 1,000 feet of child care facilities, schools, churches, or other areas where children congregate...

Heat of Passion is a Recognized Defense to the Charge of Murder in Florida

Posted on October 16, 2008
          In the courts of Florida, heat of passion is recognized as a defense to the crimes of first and second-degree murder.           Heat of passion is a mental state provoked by fear, rage, anger or terror that, combined with adequate provocation, is a defense to the crimes of first and second degree murder...

3 Reasons to Be Careful About Admitting Guilt When Entering a Pretrial Diversion Program

Posted on October 01, 2008
          On July 12, 2008, I wrote an article on this website entitled "How to Get a Criminal Charge Dropped" in which I discussed Florida's pretrial intervention programs [PTI] that are authorized by Florida statutes sections 948...

Man Falls to His Death After Being Tasered: See Video

Posted on September 25, 2008
          On September 20, 2008, I posted an article on this site which contains a videotaped recording of a police officer repeatedly using a taser on a man who was sitting on the ground by the side of the road in Washington County, Florida...

Excessive Use of Force? Watch the Video and Decide for Yourself

Posted on September 20, 2008
          In a recent federal case called Buckley v. Haddock, the Eleventh Circuit Court of Appeals was asked to decide whether a deputy sheriff's repeated use of a taser gun while trying to arrest a motorist by the side of the road in Washington County, Florida constituted excessive use of force in violation of the Fourth Amendment to the United States Constitution...

Proffer Agreements in Federal Criminal Cases

Posted on September 16, 2008
          It is often the case that the evidence against persons charged with federal crimes is overwhelming while the sentences imposed are severe.  Because of that, many people who are charged with federal crimes are more interested in entering into a plea agreement with the prosecutor (who is called an Assistant United States Attorney) than they are in having a trial where their guilt or innocence is decided by a jury consisting of twelve members of the community...

Former West Palm Beach Mayor Nancy Graham Facing Criminal Charges

Posted on September 12, 2008
          During the 1990's, many people credited the revitalization of downtown West Palm Beach, Florida to then-Mayor Nancy Graham.  Graham's fortune has changed for the worse, however, as she is now facing criminal charges in San Diego, California...

Be Careful About Where You Leave Your Trash!

Posted on September 08, 2008
          If you think that the police cannot search your trash simply because you put it into your garbage can and place it in front of your home to be picked up by trash collectors, think again!  In the case of California v...

11 More Frequently-Asked Questions About Sealing Your Record in Florida

Posted on September 02, 2008
          I recently posted an article entitled "11 Frequently-Asked Questions About Sealing Your Record in Florida."  In that article, I noted that the Florida Department of Law Enforcement (FDLE) website contains several frequently-asked questions and answers about sealing criminal history records in Florida...

11 Frequently-Asked Questions About Sealing Your Record in Florida

Posted on August 29, 2008
          The Florida Department of Law Enforcement website contains several frequently-asked questions and answers about sealing criminal history records in Florida.  This article discusses 11 of those questions...

Where Can You Live in Florida if You Are a Registered Sex Offender?

Posted on August 22, 2008
          The Florida Department of Law Enforcement website answers the question regarding where registered sex offenders and sexual predators may live in Florida as follows:           "In very general terms, barring any exceptions as so outlined in Florida Registration Statute, if a subject is a registered offender, who has a released status (meaning he/she is no longer serving any sanctions for the crime), and his/her offense date was committed before 10/1/2004, there is no Florida Statutory restriction on where he/she can live based upon his/her designation as an offender/predator...

So What If the Police Knock Down Your Door!

Posted on August 17, 2008
          Florida statute section 933.09--sometimes called Florida's version of the so-called knock-and-announce rule--states that a police officer "may break open any outer door, inner door or window of a house, or any part of a house or anything therein, to execute [a] warrant, if after due notice of the officer's authority and purpose he or she is refused admittance to said house or access to anything therein...

Florida's New Marijuana Grow House Law

Posted on August 14, 2008
          During the last few years, I have represented several clients in both State and Federal Court who have been charged with growing marijuana plants in their homes.  Therefore, I was particularly interested to learn that on July 1, 2008 a new law went into effect in Florida called the Marijuana Grow House Eradication Act...

Alaska Supreme Court Declares Sex Offender Registration Law Unconstitutional

Posted on August 11, 2008
          On July 25, 2008, the Alaska Supreme Court declared Alaska's Sex Offender Registration Act unconstitutional.  In a blog that I posted on this website on June 5, 2008 entitled "Sex Offender Registration:  Is It Punishment?," I observed that "[i]n the case of Smith v...

You May Have Been Charged with Grand Theft But Can the Prosecutor Prove It?

Posted on July 30, 2008
        According to Florida statute section 812.014, it is a third-degree felony in Florida for a person to steal property that is valued at $300.00 or more but less than $5,000.00.  Although this law is perfectly straightforward, prosecutors sometimes have trouble actually proving that the stolen property had a value of at least $300...

Is Your Probation Officer Exceeding His or Her Authority?

Posted on July 28, 2008
        When a person is placed on probation in Florida, the sentencing judge orders the person being placed on probation (the probationer) to complete certain conditions; he also orders the probation office to monitor the probationer's progress...

How to Avoid Sex Offender Registration

Posted on July 15, 2008
        Anyone who is a registered sex offender or a registered sexual predator in Florida should read Florida statute section 943.04354 which is entitled "Removal of the requirement to register as a sexual offender or sexual predator in special circumstances...

How to Get a Criminal Charge Dropped

Posted on July 12, 2008
        Florida statute section 948.08 and section 948.16 pertain to what are called "pretrial intervention programs."  If someone has been charged with a crime in Florida and he is permitted to enter a pretrial intervention program (or "PTI"), the charge against that person is eventually dropped if the individual successfully completes the program...

10 Requirements for Sex Offenders Who Are on Probation

Posted on June 21, 2008
Many people agree to go on probation for sex offenses without knowing how strict the conditions of probation are for sex offenders in Florida.  In many cases, it is only when they go to the probation office for their first meeting that sex offenders are told about the special conditions of probation that apply to them...

National Law Journal: Challenges Grow Over Sex Offender Laws

Posted on June 16, 2008
The following story (subscription required) appeared in the Monday June 9th edition of the National Law Journal:Challenges grow over sex offender lawsWelter of confusion over restrictions. Pamela A. MacLean / Staff reporterJune 9, 2008 The creation of complex sex offender registration systems and increasingly stringent limits on where offenders may live has spawned hundreds of legal challenges in state and federal courts throughout the nation...

Federal Judge with Pornographic Website

Posted on June 15, 2008
The following article appeared in the National Law Journal regarding a federal appeals judge who, until just recently, maintained a pornographic website:Experts mixed in reaction to Kozinski's X-rated Web posts Amanda Bronstad / Staff reporter June 12, 2008 Legal ethics experts disagree about whether Alex Kozinski, presiding judge of the 9th U...

Sex Offender Registration: Is It Punishment?

Posted on June 05, 2008
Florida statute section 943.0435 states that sexual offenders must register with the Florida Department of Law Enforcement (FDLE), and Florida statute section 775.21 states that sexual predators must likewise register with FDLE.  Registration requirements include such things as having one's picture posted on the Internet, notifying the Sheriff's office when changing addresses (for the remainder of one's entire life), and having a driver's license which indicates that the driver is a registered sex offender or predator...

U.S. Supreme Court Gives Police More Authority to Search People

Posted on May 23, 2008
 In the recent case of Virginia v. Moore, the United States Supreme Court ruled that the police did not violate the fourth amendment's prohibition against unreasonable search and seizures when they arrested a man in Virginia based upon probable cause but prohibited by Virginia state law...

7 Frequently Asked Questions in Florida DUI Cases

Posted on May 16, 2008
1.  What do police officers look for before stopping  a driver who they think might be intoxicated?According to the National Highway Traffic Safety Administration, some of the things that police officers should look for include: Driving more than 10 miles below the speed limit Almost striking another car on the road Weaving within one's lane of traffic Erratic braking Driving at night with headlights off 2...

Philadelphia Police Caught on Tape Beating Suspects

Posted on May 09, 2008
Just in case you thought that police beatings stopped with Rodney King, check out this videotape recording which shows numerous Philadelphia police officers pulling suspects out of a car and then repeatedly kicking and hitting them while at least one police dog stands nearby, straining at his leash.

Top 20 Death Penalty States

Posted on May 08, 2008
According to the Death Penalty Information Center, Texas leads all other states in the total number of individuals that it has executed since 1976.  The breakdown is as follows:1.  Texas:  4052.  Virginia:  983.  Oklahoma:  864...

Wife Convicted of Involuntary Manslaughter After Falsely Accusing Her Husband of Murder

Posted on May 04, 2008
Unfortunately, we are often inclined to automatically believe the accusations that others make without first checking out their story.  The inevitable result is that we are sometimes duped into believing false accusations.  When false accusations are made in the criminal justice system, the consequences can be devastating...

19 Types of Drug Paraphernalia in Florida

Posted on May 02, 2008
According to Florida law, the term "drug paraphernalia" includes many different types of devices that can be used to consume or to make controlled substances such as cocaine, marijuana, and hashish.  This article contains a list of 19 such devices...

Hometown News: Murder trial ends in sentences for two defendants

Posted on April 29, 2008
The following story appeared April 25, 2008 in the Palm Beach County edition of Hometown News:By Michelle GentileStaff writerJUPITER — A co-defendant in the shooting trial of a 21-year-old Jupiter man arranged a plea deal with prosecutors and testified against the man who the jury considered the principal in the murder...

11 Crimes that Will Cause Your Driver's License to be Suspended in Florida

Posted on April 27, 2008
If you are convicted of certain crimes and you have a Florida driver's license, your license will be suspended by the Florida Department of Highway Safety and Motor Vehicles.  The length of time that your license will be suspended for depends upon the crime that you're convicted of...

36 Crimes that Cannot be Sealed or Expunged in Florida

Posted on April 25, 2008
Your criminal history record cannot be sealed or expunged in Florida if you were found guilty by a judge or pled guilty or nolo contendere (no contest) to certain crimes, even if adjudication was withheld and even if you were convicted of simply attempting or conspiring to commit certain crimes...

Hometown News: Jury selection in Jupiter murder trial to start

Posted on April 09, 2008
The following story appeared April 4, 2008 in the Palm Beach County edition of Hometown News:By Michelle GentileStaff writerJUPITER - For the first time since her son was murdered two years ago, Charla Las Casas is flying back to Jupiter. She wants to be there when attorneys start selecting the jury next week for one of two trials to be held in the murder of her son...

Why Aren't All DUI Investigations Videotaped?

Posted on April 07, 2008
Why aren't all DUI investigations videotaped?  Perhaps it's because police departments across the country are afraid that such a practice might result in more jury acquittals than is presently the case.The following story, which appears in the blog of the Criminal Lawyers' Association in Harris County Texas, addresses this very issue:You might think that the Houston Police Department would be eager to use video equipment to record DWI arrests...

False Accusations and Self-Inflicted Injuries

Posted on March 31, 2008
The Fall 2007 edition of the Florida Defender, a publication of the Florida Association of Criminal Defense Lawyers, contains an article entitled "False Allegations of Sexual Assault:  Why Do People Lie?"  In that article, the authors make the insightful observation that "[c]ases of self-inflicted injury are particularly insidious because, except in suicide attempts, law enforcement officers are not accustomed to the phenomenon, and tend to presume the injuries are caused by others...

Adjudicated Guilty Versus Adjudication Withheld: It's Important to Know the Difference When Trying to Seal Your Criminal Record

Posted on March 23, 2008
People frequently call my office asking whether they can get their criminal record sealed.  One of the first questions I ask them is whether they have ever been adjudicated guilty of any criminal offense (as opposed to adjudication having been withheld), even for something like reckless driving or DUI...

Drugs in Automobiles: Who's Guilty?

Posted on March 19, 2008
When the police search a car and find drugs such as marijuana or cocaine, the person located closest to the drugs is often arrested even though there were other people located in the automobile just before the car was searched.  In that situation, the person who was arrested may well have a good argument that he is not guilty of possessing the narcotics if the prosecutor is unable to prove that he was in "constructive possession" of the drugs...

Attorney-Client Privilege and Insurance Companies

Posted on March 14, 2008
I frequently represent people who have been charged with committing traffic crimes that involved an accident (for example, DUI manslaughter or leaving the scene of an accident).  Often, the client's auto insurance company wants to take a tape-recorded statement regarding the details of the accident while the criminal case is still pending...

The Florida Legislature Rejects the Mandatory Recording of Police Interrogations

Posted on March 13, 2008
On December 8, 2007, I posted a blog entitled "Police Interrogations Should Always Be Tape Recorded."  Around that same time, an article appeared in the "Florida Defender" (a publication of the Florida Association of Criminal Defense Lawyers (FACDL)) which stated that FACDL had been trying for several years to get the Florida legislature to pass a law requiring the mandatory recording of police interrogations...

Have You Been Entrapped?

Posted on March 07, 2008
Entrapment occurs when the police, or someone working for the police, cause a person to commit a crime using methods that create a substantial risk that the crime was committed by someone who was not ready to commit such a crime but for the improper methods employed by the police...

Are the Police Allowed to Lie to Get You to Confess?

Posted on March 04, 2008
The answer is yes, the police are allowed to lie to you to get you to confess.  The law in Florida is that the use of tricks or factual misstatements by the police do not by themselves make a confession involuntary.  For instance, in one Florida Supreme Court case called Burch versus State of Florida, an individual accused of murder was questioned by the police for more than five hours...

Students, Be Careful What You Take to School

Posted on February 26, 2008
For several years it has  been the law in the United States that if the police illegally seize someone, then any contraband that the police find on that person--such as guns or drugs--cannot be presented at that person's trial.  This is sometimes referred to as the doctrine of the "fruit of the poisonous tree...

Can a Judge Revoke Your Bond Whenever He Wants to?

Posted on February 23, 2008
Sometimes, when a client is scheduled to go to court, she will ask me if the judge is going to revoke her bond and lock her up when she arrives at court.  I assure such clients that the judge will not revoke their bond and lock them up unless they have violated one of the conditions of their bond...

Being Handcuffed by the Police Doesn't Necessarily Mean You're Under Arrest

Posted on February 22, 2008
Just because the police handcuff you does not necessarily mean you're under arrest.  That's what the Florida Supreme Court ruled in a case called Reynolds v. State of Florida. In Reynolds, the Florida Supreme Court ruled that it is legal for a police officer to handcuff someone if the officer reasonably believes that it is necessary to do so in order to protect the officer's safety or to prevent that person from fleeing...

DUI and Miranda Warnings

Posted on February 18, 2008
On February 10, 2008, I posted an article entitled "When Are Miranda Warnings Required?"  In that article, I stated that the police are required to give a person Miranda warnings only when that person is in custody and is being interrogated by the police...

West Palm Beach Criminal Defense Blog

Posted on February 18, 2008
The original name of this blog was the Palm Beach Criminal Defense Blog.  However, this has recently been changed to its current name:  the West Palm Beach Criminal Defense Blog.  I changed the name of my blog because of my belief that this new name better reflects the nature of my practice...

West Palm Beach Criminal Lawyer Blog

Posted on February 18, 2008
The original name of this blog was the Palm Beach Criminal Defense Blog.  However, this has recently been changed to its current name:  the West Palm Beach Criminal Lawyer Blog.  I changed the name of my blog because of my belief that this new name better reflects the nature of my practice...

When Are Miranda Warnings Required?

Posted on February 10, 2008
Many people who have grown up watching TV mistakenly believe that the police must always give a person Miranda warnings as soon as they begin speaking with him.  From watching television, many people know that Miranda rights include the following:1...

DUI and Work Permits

Posted on February 08, 2008
Many people who are convicted of DUI are eligible to obtain a work permit while their driver's license is still suspended.  Florida statute section 322.271 authorizes two different types of work permits:1.  A business-purposes-only permit "means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes...

DUI and Driver's License Suspensions

Posted on February 03, 2008
If a person is convicted of DUI in Florida, his driver's license is suspended by the Florida Department of Highway Safety and Motor Vehicles.  How long his license is suspended for varies depending upon such things as how many DUI convictions he has and when they occurred...

DUI and Fines

Posted on January 29, 2008
The amount of fine in a DUI case depends upon such things as whether the person has any prior convictions for DUI, whether the person's blood-alcohol level or breath-alcohol level was 0.20 or higher when driving, or whether the person had a minor in his vehicle while driving...

DUI and Jail

Posted on January 27, 2008
The amount of jail time that a judge can sentence a person to in DUI cases depends upon such things as whether the person has any prior convictions for DUI, whether the person's blood-alcohol level or breath-alcohol level was 0.20 or higher when driving, or whether the person had a minor in his vehicle while driving...

Florida Lawyers Blog Watch

Posted on January 24, 2008
A new website called Florida Lawyers Blog Watch has been designed to track the latest online commentary by 36 different lawyers currently blogging in Florida.  This site presents the 50 most recent blog postings by Florida attorneys.  The purpose of Florida Lawyers Blog Watch is to present a stream of Florida lawyer commentary which will be of use both to the media and to those in the legal community...

Smoking Can Be Hazardous to More Than Just Your Health

Posted on January 20, 2008
If a police officer stops your car for, say, speeding and then smells an odor of marijuana when he walks up to your car window, Florida law states that that officer has probable cause to believe that a violation of Florida's narcotic's laws has occurred...

Finding Empathetic Jurors

Posted on January 20, 2008
"Empathy" is defined as "the intellectual identification with or vicarious experiencing of the feelings, thoughts, or attitudes of another."  When selecting a jury, it is important that a lawyer try to find empathetic jurors or jurors who will be able to stand in the client's shoes (figuratively speaking)...

Leadership Traits are Important When Selecting Jurors

Posted on January 20, 2008
When selecting a jury, it is very important that a lawyer learn which potential jurors have leadership responsibilities at their jobs because such jurors frequently become leaders during jury deliberations.  If those jury leaders then decide to vote against the lawyer's case and are able to persuade other jurors to vote the same way, the verdict will almost inevitably go against the lawyer...

When the Police Come Knocking

Posted on January 09, 2008
Florida law states that the police may break open a door leading into a home if:  The police have a warrant. The police announce who they are and what they want. The occupant of the home refuses to let the police enter his home after the police have waited a reasonable period of time after knocking and announcing their purpose...

Keep an Eye on Your Watch When the Police Stop Your Car

Posted on January 05, 2008
The law throughout the United States is that the police may not detain an individual whom they have stopped for any longer than necessary to accomplish their reason for stopping that person in the first place. For example, say that the police stop your car because you are driving 10 miles per hour over the posted speed limit...

Capital Punishment in Texas and DNA Testing

Posted on January 04, 2008
Since the reimposition of the death penalty in the United States in 1976, 1,029 people have been executed (as of March 2007). Over one-third of those have been executed in Texas (385 as of March 8, 2007).  One has to wonder about this large number of executions in Texas in light of the fact that just one county in that entire state--Dallas County--has freed 15 wrongfully-convicted individuals since 2001 as a result of DNA testing...

Suspension of Your Driver's License in Drug Cases

Posted on January 03, 2008
I am sometimes contacted by individuals who have been charged with the crime of possessing less than 20 grams of marijuana.  In Florida, that crime is a misdemeanor.   Often these individuals ask me if they can resolve their case quickly by simply going to court and pleading guilty...

Suspension of Your Driver's License in a DUI Case

Posted on January 03, 2008
When a person is charged with DUI in Florida, there are two different ways for that person's driver's license to become suspended:1.  The Florida Department of Highway Safety and Motor Vehicles can suspend someone's license if the person refused to submit to a lawful breath, blood, or urine test or if the person had an unlawful blood-alcohol or breath-alcohol level of 0...

Sealing Versus Expunging Your Criminal Record

Posted on January 01, 2008
I often receive telephone calls from people asking if I can help them get their criminal record expunged.  I ask them if they are eligible to have their criminal record expunged or merely sealed.  The response is usually silence since most people do not realize that there is a distinction in Florida law between getting one's criminal record expunged versus getting it sealed...

Is Lethal Injection Unconstitutional?

Posted on January 01, 2008
Is Lethal Injection Unconstitutional?  The United States Supreme Court is set to decide this very important question.  The following article discusses the death penalty case that the High Court will rule upon in deciding whether lethal injection passes constitutional muster:Public Defender Builds Injection Case Published: 1/1/08, 12:45 PM EDT By BRETT BARROUQUERE FRANKFORT, Ky...

Mistaken Identification|Wrongful Conviction|DNA

Posted on December 24, 2007
The following story appears in the Palm Beach Post newspaper.  Although it originates in South Florida, the story could happen anywhere.DNA TESTING ON TRIAL By Susan Spencer-Wendel Palm Beach Post Staff Writer Sunday, December 23, 2007 WEST PALM BEACH — Exonerations using DNA evidence have topped 200 cases now, corroding confidence in the American criminal justice system...

No-Contact Orders Can Be Modified

Posted on December 22, 2007
Sometimes when a man is arrested for the crime of domestic battery in Palm Beach County Florida, the judge who sets his bond orders him to have no contact with the alleged victim (which is usually the man's wife or girlfriend).  Often the judge enters such a "no-contact" order without first getting any input from the wife or girlfriend because she is not present in court when the judge enters the no-contact order...

Crack Cocaine Amendment to be Applied Retroactively

Posted on December 16, 2007
Earlier this month, the U.S. Supreme Court ruled that the federal guidelines on sentencing for cocaine violations are advisory only, rejecting a lower court ruling that they are effectively mandatory. Judges must consider the Guideline range for a cocaine violation, the Court said, but may conclude that they are too harsh when considering the disparity between punishment for crack cocaine and cocaine in powder form...

Disparity in Sentencing for Crack Cocaine Offenders: the U.S. Supreme Court Speaks

Posted on December 16, 2007
I previously authored a post entitled "Disparity in Sentencing and Crack Cocaine."  Earlier this month, the U.S. Supreme Court addressed this same issue in two different cases.  The result was a resounding win for both defendants.  In his blog entitled "Sentencing Law and Policy," Professor Douglas A...

Can You Bond Out of Jail if You Are Arrested for Assault and Battery in Florida?

Posted on December 09, 2007
If you are arrested for domestic battery in Palm Beach County Florida, the good news is that you will probably be able to get out of jail either by paying a monetary bond or else by agreeing to be supervised by certain government employees who have been designated by the Court to perform that task...

Jury Gets Scam Case Involving Millions

Posted on December 09, 2007
By Sarah Prohaska Palm Beach Post Staff Writer Thursday, March 08, 2007 FORT PIERCE — A jury deliberated for more than four hours Wednesday and will return today to mull the fate of two men accused of orchestrating a complex scheme that prosecutors say defrauded elderly investors out of millions of dollars...

Police Interrogations Should Always be Tape Recorded

Posted on December 08, 2007
All police interrogations should be tape recorded so that there is an accurate record of what was said both by the suspect and by the police.  The following story about one particular interrogation illustrates this point:  NEW YORK (AP) -- A teenage suspect who secretly recorded his interrogation on an MP3 player has landed a veteran detective in the middle of perjury charges, authorities said Thursday...