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Recent Blog Posts


Florida Push for Strict New Gun Ban Has Some Concerned

By The Baez Law Firm |

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

By The Baez Law Firm |

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

By The Baez Law Firm |

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

By The Baez Law Firm |

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

By The Baez Law Firm |

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 »


Police Now Arresting Juveniles & Charging Them with Felonies for Certain “Jokes”

By The Baez Law Firm |

Following the shootings at numerous high schools in Florida, in late August, police arrested a Florida teen for making an online threat to shoot up his high school in a video game, and are now charging him with a felony (second- or third-degree). While police are understandably under a significant amount of pressure to… Read More »


Florida Moves Towards Decriminalizing Possession of Marijuana, Regardless of Intended Use

By The Baez Law Firm |

Legislation was recently filed in Florida to decriminalize the possession of certain amounts of marijuana. Specifically, the bill would reduce criminal penalties for possessing 20 grams or less and/or products containing 600 mg or less of THC and any juveniles arrested for possessing these amounts would be eligible for a civil citation and diversion… Read More »


Florida Passes Red Flag Law Allowing Law Enforcement to Seek Weapon Seizure If Someone Is Suspected of Being A Threat

By The Baez Law Firm |

Florida lawmakers recently passed what’s known as the “red flag law” (or Risk Protection Act) in Florida, allowing law-enforcement agencies to use their discretion in seizing firearms from someone if they believe that that individual poses a threat to themselves or others. According to the Florida Department of law-enforcement, statewide, there have been more… Read More »


Administration Announces the Return of Federal Executions

By The Baez Law Firm |

In late July, Attorney General Barr announced the reinstatement of the federal death penalty, even as there are growing movements at the state level to repeal the death penalty due to such issues as proven inaccuracy (i.e. wrongful convictions), deep racial biases, and fiscal irresponsibility. Looking at the data creates cause for alarm: Just… Read More »


Will Florida Finally Decriminalize Recreational Marijuana?

By The Baez Law Firm |

Now that medical marijuana dispensaries are becoming almost commonplace in Florida, a number of people have turned their sights towards constitutional amendments to decriminalize recreational marijuana on the 2020 ballot. Like national trends, the majority of Florida voters have indicated that they would support a ballot measure legalizing (decriminalizing) recreational marijuana. In order to… Read More »


Know That, As A Whistleblower, You Could Face Criminal Prosecution

By The Baez Law Firm |

We’ve discussed the importance of whistleblower lawsuits before – especially when it comes to highlighting misconduct in the criminal justice system – as well as ensuring that whistleblowers are protected against retaliation. Unfortunately, most people are not prepared for the potential legal repercussions that can occur when they expose misconduct within the government or… Read More »


Civil Rights Lawsuit Filed Against Florida’s Ban On Sanctuary Cities

By The Baez Law Firm |

On July 16, Florida’s Attorney General and governor were sued by several organizations, businesses, and cities in Florida, challenging the law passed banning sanctuary cities and forcing police to enforce federal immigration law. The complaint filed alleges that the law implicates civil rights violations, racial profiling, and unjust deportations due to the what is… Read More »


State Supreme Court Rules in Defense’s Favor, Ordering Social Media Companies to Turn Over Private Messages

By The Baez Law Firm |

We have previously discussed the challenges involved with obtaining social media evidence, in large part due to the Stored Communications Act. However, the California Supreme Court heard an important case earlier this year that addressed whether or not criminal defendants could obtain both public and private social media posts in order to prepare the… Read More »


Florida’s New Hemp Law Has Completely Transformed Marijuana-Related Arrests & Prosecutions

By The Baez Law Firm |

While Florida’s new hemp law that recently went into effect technically made possession of hemp legal up to .3 percent THC, according to the latest reports, because there is no way for police to tell the difference between hemp and marijuana, this is affecting arrests, seizures, and criminal prosecutions throughout the state. Specifically, some… Read More »


Florida Appellate Court Finds That State’s Restrictions On Medical Marijuana Businesses Are Unconstitutional

By The Baez Law Firm |

On July 9, a Florida appellate court issued a ruling holding that the state’s regulatory system set up for medical marijuana limiting which businesses were allowed to process and sell the substance was unconstitutional and inconsistent with Amendment 2, which passed years ago and legalized medical marijuana. Specifically, first District Court of Appeal held… Read More »


Florida Governor Expected to Sign Bill Making It Difficult for Ex-Felons to Vote

By The Baez Law Firm |

In May, Florida governor Ron DeSantis indicated that he would sign a bill that requires all ex -felons in the state to first to pay all financial obligations before they have their right to vote restored under Amendment 4, which was passed by an overwhelming number of Floridians last year. Critics of the bill… Read More »


Florida Misses Opportunity to Take Meaningful Steps Towards Criminal Justice Reform

By The Baez Law Firm |

In May, unfortunately, Florida missed out on a huge opportunity to enact significant criminal justice reform. Instead of passing Senate Bill 642–which would have reversed the mass incarceration policies that began throughout the state in the mid-1980s as a result of the state legislature imposing minimum mandatory sentencing for nonviolent drug crimes–unfortunately, the state… Read More »


New Research Indicates That Only Two Percent of Those Charged with Federal Crimes Go to Court, And Most Are Convicted

By The Baez Law Firm |

According to the data recently collected by the federal judiciary and analyzed by the Pew Research Center, trials and acquittals are becoming more and more rare when it comes to federal criminal charges. Specifically, during the 2018 fiscal year, close to 80,000 people were defendants in federal cases, and only two percent of them… Read More »


US Commission On Civil Rights Calls On Lawmakers to Remove Permanent Punishments for Those with Criminal Convictions

By The Baez Law Firm |

In mid-June, the US commission on civil rights called on Congress to eliminate the “invisible punishments” embedded in our many laws and regulations that prevent those with criminal convictions from re-integrating into society. According to statistics, more than 600,000 people are returning to communities from prisons every year, and face significant barriers to obtaining… Read More »


The Use of AI in The Criminal Justice System Should Alarm All of Us

By The Baez Law Firm |

Many people likely do not know about a phenomenon that is known as criminal sentencing AI, whereby an algorithm is used in the criminal justice system to estimate the likelihood of a criminal defendant committing future crime. In a number of cases, reports that are based on these algorithms are used and relied on… Read More »


Florida Appeals Court Sides with Defendant in Finding That He Does Not Need to Turn Over Phone’s Passcode in Response to Warrant

By The Baez Law Firm |

In a groundbreaking court case decision out of the Florida appeals court, the court recently sided with a criminal defendant in deciding that he did not have to turn over his cell phone passcode to police. The decision came out of the 1st District Court of Appeal in Alachua County in a robbery case… Read More »


Voting Rights Updates in Florida

By The Baez Law Firm |

On June 27, the US Supreme Court blocked the citizenship question from being included in the 2020 census, easing Florida’s concerns about immigrants potentially being undercounted, which would have huge civil rights repercussions, as the census is linked to important federal resources and congressional representation. The majority opinion was based on the US Department… Read More »

Florida Decriminalizes Needle Exchanges

By The Baez Law Firm |

On June 26, Florida lawmakers and governor Ron DeSantis legalized (decriminalized) the establishment of syringe exchanges throughout the state, which will allow a number of counties to reduce disease and help those otherwise targeted for drug crime charges to get the care that they need. Specifically, syringe exchanges have been listed as helping to… Read More »


How You Can Exercise Your Voting Rights with A Felony Record in Florida

By The Baez Law Firm |

While Florida voters passed amendment 4 last year, finally restoring voting rights to ex-felons in Florida, a bill passed by lawmakers and which is expected to be signed into law by Governor DeSantis, has added a whole new layer of complications and hurdles to those individuals be obtaining the civil right to vote. Specifically,… Read More »


Florida Criminalizes Owning & Distributing “Childlike Sex Dolls”

By The Baez Law Firm |

In late May, Florida made it illegal (i.e. a second- or third-degree felony) to own (sell, distribute, etc.) a “childlike sex doll.” Specifically, the law prohibits someone from “knowingly having in his or her possession custody or control an obscene childlike sex doll” under the justification that owning these dolls encourages child predators. The… Read More »

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