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Category Archives: Criminal

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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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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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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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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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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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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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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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Florida Supreme Court Once Again Reverses Precedent & Violates Constitution By Creating Unacceptable Risk That Intellectually Disabled Will Be Executed

By The Baez Law Firm |

In late May, the Florida Supreme Court once again astonished many in reversing well-established precedent and allowing the state to execute intellectually disabled individuals. The court also did so on its own initiative, and not as a result of a request from the state of Florida. The decision defies a 2002 US Supreme Court… Read More »

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Criminal Defendants in Limbo as Rights to Speedy Trial Affected by Pandemic

By The Baez Law Firm |

Criminal defendants have been left in limbo as they wait for stalled cases to continue to move forward while jury trials have been put on hold due to the pandemic. This means that, on any given day, more than 630,000 people are being held in jails, of which approximately 75 percent have not yet… Read More »

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Florida Former Felons Voting Rights Lawsuit Granted Class Action Certification, Paving The Way to All Former Felons Having Voting Rights Restored

By The Baez Law Firm |

Florida ex-felons’ long battle to have their civil right to vote restored, as the voters already dictated, took another huge step in April when the federal judge overseeing the case granted class certification to the lawsuit, opening the door for the success that applied to the original 17 plaintiffs to now apply to every… Read More »

U.S. Supreme Court Rules That Officer Can Pull You Over Simply for Vehicle Ownership Being Associated with Suspended or Revoked Driver’s License Under Some Circumstances

By The Baez Law Firm |

In April, The U.S. Supreme Court ruled on a very important Fourth Amendment search and seizure case, finding that police officers may stop a vehicle simply because the vehicle is registered to someone whose driver’s license is suspended or revoked, thereby relying on the assumption that the owner is the individual driving the car… Read More »

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Florida Contemplates Charging Those Who Knowingly Expose Others to Virus with Culpable Negligence

By The Baez Law Firm |

As the coronavirus pandemic brings more and more panic into our everyday lives, governors and other state officials have entered into emergency declarations and taken other measures to try and protect the general public health, such as ordering particular individuals to self-isolate if they experience coronavirus symptoms. Indeed, authorities have been cracking down on… Read More »

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11th Circuit Court of Appeals Rules That Non-Prosecution Agreement Entered into by Epstein Cannot Be Overturned

By The Baez Law Firm |

In April, the Eleventh Circuit Court of Appeals held that Jeffrey Epstein’s victims did not have the right to challenge the non-prosecution agreement entered into between the U.S. Attorney’s Office for the Southern District of Florida and Epstein under the Crime Victims’ Rights Act (CVRA) because there was never an actual indictment and/or federal… Read More »

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House Makes Lynching a Federal Hate Crime, But Some Are Skeptical as to Whether This Represents Justice

By The Baez Law Firm |

In March, the House officially designated lynching to be a federal crime law, punishable by life in prison, a fine, or both penalties. The law was named for Emmett Till (the “Emmett Till Antilynching Act”), who was tortured and lynched in Mississippi 65 years ago. Congress has considered similar legislation dozens of times over… Read More »

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Florida House Passes THC Limit for Medical Marijuana, While Veterans & Senate Express Concerns

By The Baez Law Firm |

In spite of the fact that Florida voters broadly legalized medical marijuana via a constitutional amendment in 2016, in March, the Florida House signed off on a plan that would cap the amount of THC in medical marijuana for anyone under the age of 21 via a voice vote, putting in place a 10… Read More »

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DNA Taken by Deception On Trial in Murder Cases

By The Baez Law Firm |

We have previously discussed the use of forensic genealogy to solve cold cases and how this new investigative technique is on the rise with law-enforcement. However, It is now of concern that, in several cases now before the courts, these techniques are being used in conjunction with DNA that was taken deceptively, which is… Read More »

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Federal Government & Florida Increase Prosecutions of Fraud & Price Gouging

By The Baez Law Firm |

There have been a number of effects of the coronavirus on criminal defense issues, one of them being that both states and the federal government have announced an increased crackdown on fraud crimes and prosecutions. Attorney General Barr directed federal prosecutors in every state, including Florida, to prioritize prosecuting all criminal conduct related to… Read More »

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Law Enforcement Reported Purchasing Cell Phone Location Data Without a Warrant for Immigration Enforcement Purposes

By The Baez Law Firm |

In February, The Wall Street Journal and The Hill reported that federal law enforcement divisions have been purchasing cell phone location data in their border enforcement and immigration efforts, and not just recently, at least since 2017. According to the Journal, this information is then turned over to the Department of Homeland Security, which… Read More »

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The Government Is Using Foreign Intelligence Spying Powers to More Easily Wiretap U.S. Citizens in Regular Criminal Investigations

By The Baez Law Firm |

A fraud prosecution case that is currently underway highlights a disturbing trend that involves the government abusing its flexible surveillance powers – which were provided in order to capture foreign spies in the U.S. – to wiretap regular citizens as part of regular criminal prosecutions – often for fraud – that have nothing to… Read More »

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The Use of Forensic Genealogy to Solve Cold Cases Is On the Rise with Law Enforcement, But Is It Reliable and Legal?

By The Baez Law Firm |

Law enforcement is increasingly relying on the field of forensic genealogy to help solve cold cases. The method involves combining DNA testing with family histories to solve cases that have not only gone unsolved for decades, but potentially related cases linked to the same suspects as well. Police are increasingly excited about and relying… Read More »

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Women Incarcerated for Self-Defense

By The Baez Law Firm |

According to studies, it is estimated that approximately 77 percent of female criminal defendants are abuse victims, meaning that women are being sent to prison in droves for simply acting in self-defense. Take, for example, LeToya Ramseure, who fatally shot her ex-boyfriend in self-defense, but faced criminal charges as a result and, because she… Read More »

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U.S. Supreme Court to Hear “Bridgegate” Case & Decide If Those Involved Committed Fraud

By The Baez Law Firm |

In January, the U.S. Supreme Court will hear the “Bridgegate” case involving government officials reallocating lanes on the George Washington Bridge connecting New York with New Jersey as a form of political retaliation, punishing the mayor of Fort Lee for failing to endorse then New Jersey governor Chris Christie’s campaign. According to one such… Read More »

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