Recent Blog Posts
December 2019 Florida Marijuana Legalization Update
Florida is moving quickly when it comes to decisions concerning actions already taken by Florida voters to legalize marijuana and related products, while some state authorities find new areas of the law to stifle these efforts, as we describe below: Edibles In December, a number of issues involving the legalization of marijuana and related… Read More »
Too Many People Languish in Florida Prisons Due to Outdated Mandatory Minimum Sentencing for Drug Crimes
There are at least hundreds of – if not more than 1,000 – Florida inmates who are currently serving mandatory minimum sentences for drug crimes that are no longer technically legal under the law. For example, someone sentenced in 2016 for the exact same crime committed by someone else who was sentenced in 2011… Read More »
The Increasing Discrepancies Between Resources Available to Public Defenders & Prosecutors Highlights Severe Injustice
The New York Times recently ran an important piece on the fact that public defenders frequently lack access to gadgets and software that make all the difference in terms of keeping their clients out of jail. In the criminal justice system, citizens who are accused of crimes are supposed to have an advantage because… Read More »
House Passes Bill to Make Animal Cruelty a Federal Crime
The crime of animal cruelty has largely been defined based on state law and what the state deems constitutes this crime. For example, Florida law dictates that anyone who deprives an animal of sustenance of shelter, kills, mutilates, overdrives, overloads, torments, or causes this to be done to an animal commits animal cruelty, which… Read More »
Products Liability & Wrongful Death Claims Continue to Expand Against E-Cigarette Maker Juul
In late November, troubles continued for e-cigarette maker Juul Labs Inc. – already the subject of numerous product liability and wrongful death claims – when a Florida judge ordered the co-founder of the company to answer questions under oath in a case brought against cigarette-maker Philip Morris USA, which is being sued by the… Read More »
U.S. Supreme Court Denies Adnan Syed’s Appeal
We have previously reported on the case of Adnan Syed, the subject of the popular podcast “Serial,” whose attorneys petitioned the U.S. Supreme Court to review his case. The request was an important one, as the decision by the appeals court to deny him a new trial not only uproots well-established, uniform legal precedent… Read More »
Florida Judge Issues First Warrant for Consumer DNA Website, Potentially Opening All DNA Information to Law Enforcement Everywhere
A decision by a Florida judge in the Ninth Judicial Circuit Court that recently came to light has turned the tables on to what extent police can rely on genetic databases in criminal investigations. Specifically, the judge reportedly provided law enforcement with a warrant that would allow them to override the privacy settings of… Read More »
Amtrak Hits Vehicle in Florida & Kills Family Inside
In late November, a woman and her two children were struck and killed by an Amtrak passenger train here in Florida, which was traveling from Miami to New York City. All three victims were in the vehicle and died upon impact. According to reports, the victims were going camping when the car was struck… Read More »
Congress Takes Steps to Decriminalize Marijuana at Federal Level: What is the Status in Florida?
We’ve previously discussed efforts in Florida to decriminalize the possession of marijuana. While this could someday completely alter state prosecution of marijuana-related crimes, without decriminalization also occurring at the federal level, there is always the threat of federal prosecution for marijuana-related crimes. However, in mid-November, reports announced that a federal congressional committee plans to… Read More »
Testing of Backlogged Rape Kits in Florida Leads to New Suspects Being Arrested Nearly 30 Years Later: Why This Is Problematic
Florida has recently begun testing thousands of rape kits that have been in storage for almost 30 years, leading to the arrest of a number of suspects accused of sexual battery and other sex crimes. The process usually involves the initial tests providing investigators with a name, which investigators then use to search the… Read More »
Turtle Poachers Arrested for Wildlife Crimes in Florida in State’s Largest Seizure of Turtles
In late October, Florida wildlife officials charged two suspects in connection with thousands of turtles taken (poached) as part of a trafficking ring. The investigation and arrests were launched after wildlife officials received a tip in February 2018. According to the Florida Fish and Wildlife Commission (FWC), approximately $60,000 worth of turtles (more than… Read More »
DUI Convictions in Florida & Elsewhere Based On Flawed Breathalyzer Tests
As attorneys dedicated to criminal defense, one issue that is frequently at the heart of ensuring that our clients’ rights are protected has to do with just how unreliable alcohol breath tests are; even though they have become a “linchpin” of the criminal justice system. In fact, here in Florida, a panel of judges… Read More »
New Corporate Fraud Lawsuits Filed in October
Corporate fraud is not just limited to such issues as identity theft, insurance fraud, and securities fraud. Today, companies are also being accused of promoting deception in general when it comes to their investors. Below, we describe two recent lawsuits filed in connection with corporate fraud allegations to demonstrate how they can involve damages… Read More »
More Police Misconduct in Florida: Deputy Grabs Minor Female by The Head
News headlines have recently been dominated by news covering an Orlando deputy sheriff who was fired after being caught on video pulling a minor’s head back as he took her into custody. According to body camera footage, the deputy not only physically assaulted the young woman, but he also called everyone gathered around them… Read More »
Judge Temporarily Blocks Florida Law Eliminating Ex-Felon’s Right to Vote Due to Outstanding Fees
In late October, a Florida judge temporarily blocked the new law that prevents ex-convicts from voting in the state until they have paid all fines fees and restitution; a law that has been called a “poll tax” by a number of civil rights advocates. According to the judge, the law could very well be… Read More »
Criminal Defense Attorneys File Petition for U.S. Supreme Court to Review Adnan Syed’s Case for The Sake of Defendants’ Rights Around the Country
The US Supreme Court was recently petitioned to review the case and of Adnan Syed, the subject of the popular podcast “Serial”. According to a number of criminal defense attorneys, not only was Syed (the defendant) not provided with proper representation when it came to investigating unbiased credible alibi witnesses, but the recent decision… Read More »
The Time Is Now for Florida & Other States to Protect Citizens Against an Intrusion of Our Rights by Facial-Recognition Technology
According to the number of experts, facial recognition technology – such as Amazons artificial intelligence tool “Rekognition,” which is used by a number of law-enforcement agencies – is currently the biggest threat to our privacy and civil rights. The systems identify you by matching your facial dimensions against a giant database of photos. The… Read More »
The U.S. Supreme Court Will Hear a Case That in Instrumental in Our Fourth Amendment Rights Staying Protected
The US Supreme Court will soon hear a case that could have drastic impacts on our Fourth Amendment rights when it comes to police being able to pull people over due to reasonable suspicion. Specifically, the Court will decide whether pulling someone over if a police officer runs a car’s plates and it shows… Read More »
Will Florida’s Ban On Handheld Devices While Driving Lead to More Racial Profiling?
A number of new bans will become effective here in Florida as of October 1. This includes a ban on texting while driving, as well as drivers are using wireless devices at all while driving in school zones, school crossings and work zones. This means that, legally, drivers can only speak on hands-free devices… Read More »
Florida Man Charged with Animal Cruelty for Dragging Shark Given 10 Days in Jail
One of the men in Florida who was charged two years ago with felony counts of aggravated animal cruelty after helping to drag a shark to its death was recently sentenced to jail for 10 days, which the court found could be served on the weekends. In addition to the video of dragging the… Read More »
Florida Push for Strict New Gun Ban Has Some Concerned
Here in Florida, gun control advocates are seeking to pass a ban on semi-automatic rifles with high capacity magazines. The initiative in Florida proposes to outlaw any shotguns (” assault rifles”) capable of holding more than 10 rounds of ammunition in a detachable or fixed magazine and all new semi automatic rifles, and is… Read More »
U.S. Supreme Court to Consider Survival of Insanity Defense
The U.S. Supreme Court kicks off its new term on October 7, and has several “blockbuster” criminal law cases that raise significant questions for criminal defendants. Kahler v. Kansas The first of those cases–Kahler v. Kansas–considers the constitutionality of a state statute that one criminal defendant (Kraig Kahler) argues abolished the insanity defense (while… Read More »
Florida’s ‘Stand Your Ground’ Defense Forever Changed by Deadly Parking Lot Trial
In October, Michael Drejka – the criminal defendant at the heart of the Florida stand your ground federal parking lot shooting case – was sentenced to 20 years in prison. Drejka shot Markeis McGlockton, who was unarmed, while he was backing away after a physical dispute arose with regard to parking in a handicapped… Read More »
American Bar Association Votes Against Recommending Affirmative Consent Standard to States, Dodging Serious Civil Rights Concerns in Sexual Assault Cases
In August, the American Bar Association rejected a resolution that would have recommended that the states change what is known as the affirmative consent standard, which governs what is considered sexual assault. Specifically, the resolution called for consent to be defined as someone giving consent “expressed by words or action in the context of… Read More »
The Importance of Preventing Wrongful Convictions
There is no question that one of the most important jobs of criminal defense attorneys is to protect people’s constitutional rights, and this includes preventing wrongful convictions. This is especially the case given that the death penalty is often applied when it comes to murder convictions; warranting a speedy exoneration. What Has Led To… Read More »
