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Man Imprisoned in Polk County Since 1989 for Marijuana Offenses Will Be Free Before Christmas

By The Baez Law Firm |

A lot has changed since 1989.  In those days, almost every box of candy you bought from the gas station would have the words “say no to drugs” printed on the inside of the opening flap.  1989 was such a long time ago that some of your favorite 80s candies have been discontinued, while… Read More »

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Lil Wayne’s Weapons Charges: Can He Really Get Ten Years in Federal Prison Just for Owning a Gun?

By The Baez Law Firm |

Florida’s gun ownership laws are quite lenient; in most situations, it is legal for most adults to buy and possess firearms.  If you have a felony conviction, though, you can get criminal charges just for having a gun in your possession, even if you do not aim it or fire it.  In fact, the… Read More »

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The Arbitrary, Unfair Nature of White-Collar Criminal Prosecutions in The US

By The Baez Law Firm |

The US still doesn’t truly have one definition of “white-collar crime.” While the FBI defines the term as being synonymous with the full range of fraud crimes characterized by concealment, deceit, or violation, and committed by government professionals and businesses, still, this does not reconcile whether, for example, toxic dumping or using a counterfeit… Read More »

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Police Body Camera Footage No Longer Must Be Released to Public Under New Florida Law

By The Baez Law Firm |

On October 1, Florida implemented a new law which provides an exemption under the Open Government Sunset Review Act, allowing for law enforcement’s body camera footage to be kept confidential where it could otherwise be made available.  Due to the broad text of the new law, there are a number of concerns that the… Read More »

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DEA Provided with Broad Authority to Arrest & Charge Over 1,500 People in “Project Safeguard”

By The Baez Law Firm |

Just within the last three months, the Drug Enforcement Administration (DEA) has arrested and charged more than 1,500 people with state and federal crimes in cities around the country, including here in Florida, with police in 41 Florida cities participating what the administration calls “Project Safeguard;” a campaign geared towards cracking down on violent… Read More »

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Defense Attorney Jose Baez Unearths New Evidence in Former Mount Carmel Doctor William Husel’s Defense That Destroys Prosecution’s Claims

By The Baez Law Firm |

In late October, defense attorney Jose Baez, representing former Mount Carmel West doctor William Husel, filed a motion to dismiss the murder charges brought against Husel in connection with allegations that the doctor purposely provided lethal doses of fentanyl to 25 patients at Mount Carmel West. The motion was based on new evidence unearthed… Read More »

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Florida Case & All Criminal Charges Dropped Against Robert Kraft

By The Baez Law Firm |

In late September, Florida prosecutors officially dropped all criminal charges of solicited prostitution against Robert Kraft in connection with the case brought against him last year, alleging that he engaged in these acts at the Orchids of Asia Day spa. The case fell apart earlier in August when the Florida appeals court upheld the… Read More »

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11th Circuit Rules That All Ex-Felons Must Pay Fines Before Voting, But with Caveats

By The Baez Law Firm |

In a huge blow to civil rights, in September, the 11th Circuit Court of Appeals overturned federal Judge Robert L. Hinkle’s previous decision that would have restored voting rights to most former felons here in Florida, regardless of whether they still had unpaid court fees or fines. Specifically, the 11th Circuit ruled that the… Read More »

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Florida Governor Announces Legislation That Criminalizes Protesting

By The Baez Law Firm |

In late September, Florida Gov. Ron DeSantis announced new legislation here in Florida that would create new criminal offenses and penalties for those who “participate in disorderly assemblies,” or rather, punish those who protest. Titled the “Combating Violence, Disorder and Looting and Law Enforcement Protection Act,” some text of the bill is highly questionable… Read More »

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Can I Go to Prison for Spanking My Child?

By The Baez Law Firm |

One aspect of parents getting divorced can sometimes involve disagreements over what is the proper way to punish a child for disciplinary purposes. As a result, the issue of corporal discipline, and at what point it turns into child abuse that is prosecuted as a criminal offense, can actually be quite confusing and complicated,… Read More »

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US Supreme Court to Hear Crucial Free Speech Case, Where Student Was Charged for Speaking About His Religion

By The Baez Law Firm |

Free speech is a crucial First Amendment right that police and government frequently infringe upon when they choose to criminalize or otherwise target our right to express our opinions without censorship or restraint. This can often be seen when protesters are arrested for disorderly conduct or unlawful assembly, or even assault, battery, or hate… Read More »

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Florida Appeals Court Upholds Decision That Videos Recording Robert Kraft Violated Fourth Amendment Protections

By The Baez Law Firm |

In a salient case for Fourth Amendment constitutional rights, in August, a Florida appeals court unanimously upheld a district court ruling that the police violated the rights of the New England Patriots owner Robert Kraft and others last year when they secretly set up ongoing recordings in a massage parlor in order to capture… Read More »

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Murder Charges Over Stillbirth Raise Concerns Everywhere

By The Baez Law Firm |

A current prosecution in the state of California could set a dangerous precedent around the country in terms of criminalizing choices women make while pregnant, including here in Florida, where there is also a state law on fetal homicide. The case involves a defendant, Chelsea Becker, who is being charged with murder after her… Read More »

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Synthetic Marijuana Case Involving Split Fault Between Defendant & Manufacturer Goes to Florida Supreme Court

By The Baez Law Firm |

The Florida Supreme Court could soon hear an interesting case that involves criminal charges related to drug and homicide charges, as well as product liability issues, and how they overlap in terms of determining fault in cases where defendants were under the influence of a substance. There is no question that the outcome could… Read More »

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Pretrial Release Conditions: When They Violate Your Constitutional Rights

By The Baez Law Firm |

We previously reported on federal agents being deployed to cities across the country to arrest protesters without warrants and placing them into unmarked SUVs. A number of those arrested are now awaiting trial on federal misdemeanor charges even though they did not do anything illegal upon arrest, and are now facing petty offense charges,… Read More »

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Preventing & Defending Against Federal COVID-19 Fraud Charges as A Result of PPP Loan Applications

By The Baez Law Firm |

There have been a number of recent arrests and fraud charges in connection with the Small Business Administration’s (SBA) Paycheck Protection Program (PPP), including here in Florida, resulting in authorities seizing property and millions from bank accounts.  The program was created by the federal CARES Act to help small business owners obtain forgivable loans… Read More »

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How The First Step Act Has Failed Many Serving Decades for Nonviolent Drug Crimes

By The Baez Law Firm |

When the First Step Act was signed into law, there were high hopes that it would institute some real criminal justice reform that included allowing for those who had been unfairly punished with especially lengthy prison sentences for nonviolent crack cocaine charges, including for first time offenders, to petition to have their sentences reduced…. Read More »

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11th Circuit Court of Appeals Vacates Previous Opinion Regarding Epstein’s Agreement, Opening The Door for Victims’ Rights in Florida

By The Baez Law Firm |

After ruling in April that the non-prosecution agreement entered into between Jeffrey Epstein and the US Attorney‘s Office for the Southern District of Florida could not be overturned and Epstein‘s victims could not challenge it under the Crime Victims’ Rights Act, in August, a group of judges with the 11th Circuit Court of Appeals… Read More »

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A Closer Look at The Constitutionality of Florida COVID-19 Arrests and Charges

By The Baez Law Firm |

There have been a number of serious criminal allegations made by both federal and state authorities in connection with COVID-19 around the country, including here in Florida. From charging individuals who coughed on groceries with threats to use biological agents and felony terrorism, to accusing business owners who sell face masks with violating the… Read More »

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US Government Rushes to Execute First Prisoners in Almost Two Decades in Spite of Serious Constitutional Concerns

By The Baez Law Firm |

After almost two decades, the federal government executed its first death row prisoners in July when it put Daniel Lee Lewis and Wesley Purkey to death. In doing so, the Department of Justice took the irregular act of seeking emergency orders from the US Supreme Court to rush through two very controversial executions, where… Read More »

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Judge Blocks Federal Execution Due to COVID-19 Concerns

By The Baez Law Firm |

After Attorney General Barr announced the reinstatement of the federal death penalty in 2019, in spite of the many problems associated with it, in July, a judge blocked what would have been the first federal execution in 17 years due to a request from the family of the defendant’s victims, who made a plea… Read More »

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Federal Agents Deployed to Cities to Arrest Non-Violent Protesters Under Questionable Circumstances

By The Baez Law Firm |

The federal government recently deployed federal agents with the Department of Homeland Security to Portland, Oregon, a number of which then arrested protesters without warrants and identification badges, and placed them into unmarked SUVs. They also indiscriminately used acoustic weapons, rubber bullets, and tear gas against non-violent protesters, legal observers, and journalists, which has… Read More »

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US Department of Justice Updates Prosecutor Guidance On Evaluating Corporate Compliance Programs in Criminal Investigations of White Collar Crimes

By The Baez Law Firm |

In June, the US Department of Justice released an updated Evaluation of Corporate Compliance Programs, which is used at the time of a white-collar offense, as well as at the time of a charging decision, by prosecutors in conducting an investigation of a company and in deciding whether to bring chargers or negotiate a… Read More »

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Congress & Lower Courts Take Up Qualified Immunity Doctrine as US Supreme Court Passes

By The Baez Law Firm |

We’ve previously discussed the doctrine of qualified immunity and how it affects both criminal defense and civil rights; specifically how it affects determining whether police used excessive force and therefore whether a defendant’s Fourth Amendment protections against unreasonable search and seizure have been violated. The doctrine arguably plays a significant role not only in… Read More »

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Jose Baez Wins New Trial & Release for Charlie Ely, Who Was Wrongly Accused & Convicted of Murder in 2011

By The Baez Law Firm |

In late June, Charlie Ely, one of the defendants who was accused and convicted of murdering Seath Jackson in Marion County, Florida in 2011, was released after the court found that she received ineffective counsel and was denied due process during her original trial and appeal. Although Ely entered a 10-year plea for a… Read More »

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