Our society increasingly functions via portable electronic devices. Emails have largely replaced letters, cellphone calls have largely replaced those made on landlines and an individual’s wireless Internet search history can reveal a great deal about what he or she loves, hates and does on a day-to-day basis. As convenient as portable electronic devices are, they can also reveal incriminating...
Continue ReadingA community in Florida has recently announced a measure which may serve as a model for other Florida jurisdictions. For nearly 20 years, the community has been issuing civil citations for non-violent juveniles who have committed offenses ordinarily addressed by the criminal justice system. In a game-changing move, the community is also currently issuing civil citations for certain adult...
Continue ReadingThe Florida Supreme Court recently held that some criminal trials may be partially closed to the public, but the justices were split on their reasoning for this decision. Press and general public access to criminal proceedings help to ensure that defendants are granted fair trials. However, the court has held that in certain portions of trials involving sex crimes...
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...
Continue ReadingThe Florida Department of Law Enforcement (FDLE) recently launched a “spirited” defense of the Intoxilyzer 8000 machine – the machine it uses to test the blood alcohol content of suspected drunk drivers. Since theIntoxilyzer was put into service in 2005, it has been a subject of ridicule and attack among defense attorneys in several Florida counties who have claimed...
Continue ReadingA Florida criminal law case involving a drug-sniffing dog will go before the United States Supreme Court. The rights of criminal defendants are at stake in the matter, which will determine when the sensory skills of a canine may supersede a person’s privacy expectations. Marijuana Detected by Florida Drug-Sniffing Dog The case arises from a 2006 incident in which...
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