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Criminal Law

Palm Beach Criminal Defense Blog

Information about law and order in Florida for both practitioners and potential clients. Also some discussions about evidence and the death penalty.
By Ron Chapman

Post Frequency: 0.8/day

Last Entry: October 15, 2020 at 18:08:06

The Manuel Tapes - Comments on Tom Manuel & Use of an Entrapment Defense

Posted on February 08, 2010
I am quoted in the following article which appeared February 7th in the St. Augustine Record and was written by Tiffany Pakkala . The Manuel Tapes He's guilty — but was he set up? Legal experts differ There is no shadow of a doubt that former St...

What Constitutes "Using" a Gun and Why Does It Matter in Federal Court?

Posted on February 05, 2010
Federal law states that anyone who uses a firearm in connection with a crime of violence or a drug-trafficking crime is subject to enhanced punishment. But what exactly does the word "uses" mean? Although the statute itself does not define this word, the United States Supreme Court has discussed its meaning in at least three different cases...

Does Getting a Pardon from the Governor Automatically Mean That You Can Get Your Record Sealed or Expunged?

Posted on January 29, 2010
A pardon has been defined as 'the forgiveness of crime and the penalty associated with it.' In Florida, it is the governor who has the power to grant pardons. Assuming you are fortunate enough to obtain a pardon, does that automatically mean that you can get your criminal record sealed or expunged? That was the question decided by the Florida Supreme Court in the case of R...

The Automatic Dismissal of Traffic Cases in Palm Beach County Florida

Posted on January 28, 2010
In 2008, the Chief Judge in Palm Beach County Florida signed Administrative Order Number 10.102-9/08 which automatically dismisses the following types of cases: 1...

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The Automatic Dismissal of Criminal Cases in Palm Beach County Florida

Posted on January 19, 2010
In 2008, the Chief Judge in Palm Beach County Florida signed Administrative Order 4.605-9/08 which automatically dismisses the following types of cases: 1...

When is a Confession Not Admissible in Federal Court?

Posted on January 13, 2010
Federal Rule of Criminal Procedure 5 states in part that "[a] person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, . ...

Substantial Assistance and Drug Trafficking Cases

Posted on January 06, 2010
The penalties are severe for drug trafficking in Florida. For example, if a person is convicted in State Court of trafficking in 200 grams or more of cocaine but less than 400 grams, that person must be sentenced to a mandatory minimum term of imprisonment of 7 years and ordered to pay a fine of $100,000...

When Are the Police Allowed to Search Your Home Without a Warrant?

Posted on December 22, 2009
In a recent case called Michigan v. Fisher, the United States Supreme Court ruled that a police officer may enter a home without a search warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury...

Can Even a Serious Charge Such as Murder Be Expunged?

Posted on December 11, 2009
According to Florida law, a judge is not allowed to deny an individual's request to have his criminal record expunged simply because of the seriousness of the charge. An article that I posted on my website Florida Criminal Records Frequently Asked Questions examines one case in which the judge mistakenly did just that.

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...

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...

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