Articles

May 30, 2019:  Tampa strip club owner, Joe Redner, lost his appeal to grow his own medical marijuana this past week.  This case has broad implications for the future of medical marijuana in the state of Florida.  Even though Floridians overwhelming wanted and passed a Constitutional amendment allowing medical marijuana, the Court has now restricted the people to legally grow their own.  This seems to not only fly in the face of citizen's goal to legalize medical marijuana but denied Mr. Redner, what the lower court called "the most effective way...to get the benefit of medical marijuana."  Hopefully the Supreme Court will review this case soon for the benefit of all its citizens. 

June 12, 2019:  Would you rather give up your phone password or go to jail?  The answer is you don't have to choose.  The Constitution protects you from divulging that information as a violation of your 5th Amendment privilege against self-incrimination as well as protection against police abusing who overlook your 4th Amendment right against unlawful searches and seizures.  A court this past week dismissed charges against a person who took the proper stand and said NO to the police when they asked him for his password.  Like many who suffer the consequences of being brave (he spent 44 days in jail in contempt of court until the court ultimately dismissed the charge), just remember it is your Constitutional right to keep your cell phone information private and just say NO to the police if they want your cell phone password.

June 20, 2019:  In a highly unusual move, the Hillsborough county prosecutors office overturned 17 convictions yesterday.  Those cases relied solely on the testimony of "bad" cops who had been fired last month.  Among other things, the officers, who were being investigated for over seven months, failed to dispose of seized drugs, failed to document when people were detained or searched, and even were found to turn off their body cameras right before an arrest.  The three Tampa police officers involved were Officer Maceo, Officer Landry, and Officer Laratta.  Due to their lack of credibility as the only witness, the past convictions were overturned and even five pending cases that they were involved with will not proceed.  It pays to find a good attorney who can  review the police files and always test an officer's credibility.  Here, the Hillsborough county State Attorney's office did the right thing, as they have an ethical duty to make sure every conviction is one that can be proven beyond a reasonable doubt.  Congratulations to all involved.

June 27, 2019:  NEW 2019 FLORIDA LAWS YOU SHOULD BE AWARE that go into effect this week or October:

July 3, 2019:  In a case affecting many DUI cases, the US Supreme Ct. in Mitchell v. Wisconsin said that police can take your blood without a warrant when you're asleep.  While getting intoxicated drivers off the road is a good thing, the United States Supreme Court said this past week that police do not need a warrant to do a blood draw if the person is asleep (when ironically they would usually be off the road anyway, not causing harm to others).  So, if you're tired and you pull over, even if you're not intoxicated, the police can now stick a needle in your arm without your consent.  In my opinion this is against the 4th Amendment prohibition against searches without a warrant.  And while the Supreme Court said that the exception of exigent circumstances would apply in these cases, the dissenters argued that the exigent circumstances rule was not even argued, and further, that the police should still be required to get a warrant if they are going to invade someone's body.  Admittedly, the Court did leave open the possibility that a warrant may be required in some cases but it leaves little solace to the innocent tired person who pulled over in order to keep the roads safe from themselves and others.  With all this in mind, it is best to get an attorney to fight this intrusion without a warrant. 

July 10, 2019:  A federal appeals court threw out a conviction this week of possessing and conspiring to distribute meth or methamphetamine.  As many lawyers know, the Sixth Amendment Confrontation clause is crucial to a good defense. The founders put this in there so that, among other reasons, people are able to face their accusers and the Court is not relying on hearsay.  In this case, a police officer testified that a confidential informant (aka CI) told the officer that the defendant was to receive a large shipment of meth.  The court rightly ruled that a defendant has a right to cross examine this CI.  This case also highlights a reason that they say "cross examination is the greatest legal engine invented to discover the truth."  Thus, if we can't confront our accusers by having your attorney cross examine witnesses, then the brilliance of having the Confrontation clause would become meaningless.

July 17, 2019:  Last week a deputy in the Florida panhandle was caught planting drugs on innocent citizens.  Unfortunately, in my line of work, clients would often tell me these stories and while I usually believed what they were telling me, it was hard to prove.  Innocent people would be forced to hire an attorney such as myself for something they didn't do and I would have to file motions in certain cases to get charges dismissed.  The deputy was arrested in Jackson county Florida.  He would pull people over for minor traffic offenses, then claim he smelled marijuana or other drugs.  Not only did innocent people have to go to court with an attorney to defend themselves, but in at least one case, a person lost custody of their daughter.  This shameful conduct is one more reason why it is often harder to protect the innocent than it is to represent the guilty.  Furthermore, it is a blight on all officers who do act in good faith, as now the prosecutor had to drop over 120 cases in which he was involved.  If you suspect you have been a victim of police foul play when you have been arrested, do not hesitate to contact my office.

July 24, 2019:  A Melbourne Florida deputy was out patrolling the streets after getting arrested for a DUI.  While the prosecutor dismissed criminal charges against her, the problem is that like many who get DUIs, they are still limited to driving for business purposes only under Florida administrative law.  In this case, the deputy refused and thus must lose her full driving privileges and be restricted to driving for business purposes only for one full year, even though the criminal charges were dismissed.  Driving while license suspended, and driving in violation of a business purpose is probably one of the most common charges that regular citizens face and one of the most common cases (often accompanying a DUI) I have taken on in over 22+ years of practice.  A person can face charges that range from misdemeanors involving up to 60 days jail, and in some cases, felonies where one faces up to 5 years prison.  Regardless, this deputy's arrest is a good lesson for all.  If you get arrested for a DUI, it is good to hire an attorney to either fight the charge so that you get you full driving privileges back, or at a minimum, get your business purpose only license within 10 days of your arrest so that you don't face additional criminal charges.

July 31, 2019:  In my 22+ year career as a criminal defense attorney, I have been mostly fortunate to be in front of really good, and often great, judges (that's not to say that I don't disagree with them which happens A LOT).  However, that doesn't mean judges are above the law.  Just this past week, a judge in Broward county Florida was recommended for suspension for "choking the clerk."  The judge initially denied it, but like most courtrooms nowadays there was video refuting her claim that she did not touch the clerk.  The Florida Judicial Qualifications commission said that her alleged conduct shown that she was "unfit to serve" and that this was "inappropriate conduct" for a judge.  Needless to say, it is inappropriate for anyone, but judges in particular are held to a higher standard.  While this conduct could make some potential defendants feel intimidated, rest assured that I will fight for my clients even against judges such as these who do outrageous things.  I have certainly seen outrageous rulings but I will not stand down if I feel my client is being treated unfairly.  This also represents even one more unexpected reason why getting a Pinellas/Hillsborough attorney for any charge is your best option.

August 28, 2019:  One of the least reliable yet most often used to convict is the mug shot witness ID.  Now it seems that with today's technology, a few bad apple officers are altering mug shots to witnesses just so "they can get their man."  In a case in Portland, but certainly applies through all police departments, including those here in the Tampa bay area, officers removed face tattoos from the original mug shot so that tellers in a bank robbery could pick the person the police wanted to convict.  Even though none of the tellers ever mentioned face tattoos, police unilaterally decided to make the photo fit "the police version" of events.  This attempt at subverting justice and the rule of law is just shameful.  As was put, "it is hard to fathom any photo array conduct that is more suggestive than altering a source photograph for the sole purpose of making the investigation target look more like the perpetrator."  Call me if you feel you've been unfairly targeted or improperly identified.

September 4, 2019:  Can you be found guilty by association or just because you associate with a criminal?  In general, the answer is no.  However, with the ever expanding conspiracy statutes on both Florida and federal levels, the government often finds a way to convict innocent people.  Fortunately, there are some courts who see this broad expansion as a problem since the law requires a consciousness of guilt to convict.  An appeals court recently overturned a conviction where the testimony against the defendant was from an unreliable accomplice.  The accomplice gave no independent corroboration or verification.  The court found that without independent corroboration, there is not enough evidence to convict someone based on this alleged accomplice.  In this age of charging as many as people as possible in a conspiracy charge it is important to hire an attorney that knows how to fight these often baseless or tenuous claims of guilt.  If you've been charged merely because of guilt by association, feel free to contact my office.

September 11, 2019:  While getting a DUI in a car is much more common, we live in Florida where there are a lot of BUI, or boating under the influence of alcohol or drugs.  As recently happened in Redington Beach, a man was charged with BUI Manslaughter, among other charges, when he was alleged to being intoxicated and running over a man on a jet ski.  For the BUI Manslaughter alone, he now faces up to 15 years in prison.  For the most part, people charged with BUI face most of the same penalties as a DUI.  Hopefully, you are never charged with any alcohol related offense, but if that mistake happens, call my office for a consultation.

September 18, 2019:  A memo has surfaced in the Hillsborough county prosecutor's office regarding possession of marijuana charges.  In short, since prosecutors must be able to distinguish legal hemp (meaning having a THC level of 0.3% or less) from illegal marijuana, they do not have a scientifically reliable way to test that in the field.  This means that odor or even plain view is insufficient so long as it does not involve a felony amount, a firearm, or other factors. In other words, they would only have probable cause to arrest if the police knew before the stop, observed a hand to hand deal, the defendant admitted it (remember you have a right to remain silent), conflicting statements, obvious nervousness, trying to hide a substance, large amounts of currency, and especially if one appears intoxicated.  This is not a get out of jail free, but it is an acknowledgement that if you're charged, and you have a good attorney, then you've just bettered your odds.

September 25, 2019:  A weed breathalyzer?  Apparently scientists are working on one that detect those impaired by marijuana or cannabis while driving, in order to arrest one for a DUI, aka Driving Under the Influence of alcohol or drugs.  It goes without saying that no one should drive impaired.  However, we have been down this road before for testing one's impairment.  Through most of the 20th century, every few years police departments would come along and say that the latest breath machine for alcohol is totally reliable.  Then defense attorneys like myself would challenge these machines only to find out that they are not always reliable.  Even in 2019, these breath testing machines have been found to be out of compliance and not reliable.  This reason alone is always an important one in considering hiring a good defense attorney.  With more states legalizing marijuana, medical and recreational, it is inevitable that there will be some sort of machine to detect illegal amounts of THC in one's system.  We'll be ready to fight for you today, whether it's alcohol, weed, or other drugs. 

October 2, 2019:  This week a new texting while driving law goes into effect.  Some of you are aware that part of the law started July 1st.  That part allows officers to pull one over if they see someone texting on their phone while driving.  Starting this week, they can also pull you over in a school zone just for holding the phone.  To understand better, the original law only allowed police officers to pull someone over as a secondary offense (for example, they pull you for speeding and then cite you for driving while texting).  Some felt that this did not give officers enough power to stop people from texting while driving.  So they changed the law to allow officers to stop people on texting alone.  There are exemptions that officers can't stop a person for.  Among those include, if you are using the phone for talking, using it for navigation, or even scrolling through your phone.  This new part of the law is where it comes into effect this week.  So even if you are using your phone for navigation only in a school zone, you can still be cited.  While the goal of the law is laudable, the law does open up abuse by law officers to stop someone as a pretext for other reasons.  So if an officer thinks your texting, they can pull you over and subsequently search your vehicle if you were to give them permission (which you should never do even if, and especially if you have done nothing wrong; it is your right to refuse consent to search your vehicle).  Be aware of your rights and call me if you feel the police abused their power.

October 9, 2019:  It's that time of the year again:  A new Supreme Court term.  There are a lot of cases concerning criminal law which may have a big effect in the future.  Two of the most important cases are ones regarding insanity and another involving unanimous jury trials.  Regarding the insanity defense, there are only 5 states, Alaska, Idaho, Kansas, Montana, ad Utah, that do not recognize the defense and claim that they don't have to show the person necessarily knew right from wrong.  This is despite this being the law since before the Constitution was ratified.  I predict this will be overturned.  The second regarding unanimous juries is interesting.  In short, a few states, notably Oregon and Louisiana, allow a person to be convicted with a less than unanimous verdict.  Since the US Constitution mandates a unanimous verdict, the argument is that it should also be applied to all states.  This one is harder to predict.  Further, if these state laws are upheld, it may one day affect Florida.  Follow me on my Facebook page for updates.  

October 16, 2019:  An interesting Florida appeals case came out this past week which talks about how state "experts" determine one's alcohol limit in DUI and BUI cases.  Often times, a prosecutor will try to extrapolate ones blood alcohol level backwards to the time of driving, as opposed to the time the person took the breath test.  For example, a person may blow a .07 (under the legal limit), but then try to say that "at the time of driving" their blood/breath alcohol was higher than the legal limit.  The appeals court allowed the expert testimony in that case.  However, what's good for the goose.... is good for the defense.  Now this means that a defense expert can extrapolate back to a more favorable result for the defense.  For example, if one blows a .12, now a defense expert can say that they can extrapolate a driver's BAC to one BELOW the legal limit.  Obviously, one needs a good defense attorney to help the defendant out and use this information.  If you feel you've been wrongly charged, even though your breath test shows above the legal limit, feel free to call my office about your defenses.

October 30, 2019:  What happens when you're charged with a DUI and you are under 21?  Many things are worse for that driver.  Most important thing to remember is that you can lose your license even if your breath or blood test is only 0.02%.  That is often less than one drink for many people.  Further if charged this way, you don't even have the right to have a court hearing, but merely an administrative hearing, where the burden is much lower.  Of course, the officer can still investigate you for a DUI, meaning everything from field sobriety tests all the way to a full arrest and a night in jail. Even if you are not an adult, this charge will stay on your record if you are convicted.  Thus it is very important to get an attorney immediately if charged with a DUI, even if it is only an administrative hearing.

November 2019:  I have added stories about rights to privacy, rights against electronic device searches, and more on developing marijuana laws in Florida.  Please see our links under Drug Possession, Search and Seizure, and DUI laws.

November 20, 2019:  Can cops search commercial genetic databases to solve alleged crimes?  Well apparently, one Florida judge gave the police to search sites such as Ancestry.com or 23andme and go through up to 20 million DNA submissions.  This incredible breach of the 4th Amendment and breach of privacy is a HUGE blow to our rights.  As I've said before the 4th Amendment to be free from unreasonable searches and seizures is there more to protect the innocent than it is to protect the guilty.  Now 20 million innocent citizens are subject to being probed the government, even though they have done nothing wrong.  Hopefully, this action will be overturned by an appeals court.  Otherwise, we will fall into a slippery slope where we have no privacy left. 

November 27, 2019:  Racing on the streets of Florida is not only illegal, for several years now, it is a misdemeanor punishable by up to a year in jail.  More importantly, there is an automatic license revocation if convicted.  This week, in Pinellas county, someone tried to race another person across the Courtney Campbell bridge.  Problem was the person he was trying to race was a police officer.  Other than the obvious dangers, one never knows who they may run up against on the street.  Could be an officer of the law.  While his defenses may be limited, there are a lot of defenses to racing so feel free to call if you have been charged.

December 4, 2019:  In a case where the cops will hopefully have learned that it not only does crime not pay, but not doing your job correctly can cause a guilty man to go free.  Just recently, a Pinellas judge ruled that police AND prosecutors lied in order to get a warrant to search a computer.  The law does not allow officers to lie or misstate facts in order to get a warrant but Officer Michael Alvarez is alleged to have committed perjury in order to get a warrant.  Now because he had a good defense attorney who fought this and exposed the lies, the defendant charged with child pornography will go free.  This case shows the importance of hiring good legal counsel who is willing to fight for you even if the odds seemed stacked against you.