Posts

Ways to Sabotage Your Own Criminal Defense

It may seem like common sense to not want to sabotage you own criminal case, but people frequently do things than can damage their own defense.  Below are the top issues that I have seen to cause problems for clients’ cases: 5. Party Like a Rock Star Your goal during your criminal case is to remain free of any drama.  If you are out drinking, you can end up in a situation which may lead to activities or situations which allowed your criminal charges in the first place.  Drinking may even be a violation of your pretrial release depending upon your charge.  If this is the case, you may find your bond revoked and there will be nothing that your attorney can do to help you.  4. Fail to Show Up Failure to show up for Court is a HUGE issue.  We all have unavoidable issues or accidents arise.  And if that happens once, it is explainable to a judge.  You may get a capias issued, but your attorney can more than likely get it withdrawn. ...

"Sexting" and Florida Law

Yes, “sexting” has been defined by Florida law and can been found in Florida Statutes section 847.0141 .  Sexting is when a minor uses an electronic device to transmit a photo or video which depicts nudity and is considered harmful .  It is against the law to solicit and to be the recipient if the recipient does not report specifically to the minor’s legal guardian or to a school or law enforcement official within 24 hours.  A first-time offense is a noncriminal violation.  The minor will receive 8 hours of community service work or pay a $60 civil penalty.    A second-time offense is a first-degree misdemeanor and a subsequent offense is a third-degree felony.    Young adults who may have turned 18, but are still in high school, who engage in the same sort of behavior described above, could be charged with an even more serious sex crime and could possibly be labelled a sex offender the rest of their lives.  Finding a plac...

What is Pretrial Diversion?

Pretrial Diversion programs are available usually only to first time offenders to resolve their cases and successful completion results in the State dropping the charges.  The qualifications for these programs do differ from county to county.  First and foremost, the crime the defendant is accused of usually must be a misdemeanor .  In Polk County, the most common charges that defendants are offered diversion for are possession of cannabis , driving while license suspended or revoked , and domestic violence battery .  The second qualification is that the defendant must not have been found guilty of a prior offense.  Diversion usually consists of an evaluation and some sort of counseling, depending upon the charge.  It might even consist of drug testing.  The defendant must pay for the diversion program and all related testing.  The program takes anywhere from a couple of months to about 6 months.  If the defendant can meet the qual...

Body and Dash Cameras

One of the first conversations I usually have with my clients that hire me for their criminal case here in Polk County usually involves something like, “get the body camera or dash camera footage; it will show you what happened.” Unfortunately, here in Polk County, there are no body cameras or dash cameras.  Our Sheriff has made it abundantly clear that he does not support such technology. However, the National Association of Criminal Defense Lawyers released a report entitled “Policing Body Cameras: Policies and Procedures to Safety the Right of the Accused.”  This report supports police agencies using such technology and makes several recommendations for police departments including: ·         Having clear policies in place that establish when officers are to begin recording (not leaving it up to individual officers). ·         Recordings should be stored for specific time periods and long...

Why I Do What I Do

I am often asked one of several questions by people with no understanding of what I do: Why do you defend criminals? How can you do it when you know they are guilty? Don't you feel bad winning when you know you got them off on a technicality? I am very proud of what I do.  I work each and every day to protect people and their Constitutional rights.  I protect them from an overzealous government.  I protect innocent people and people who have made mistakes.  And make no doubt about it, everyone makes mistakes.   I have always been a public servant. I worked for over ten years as a public school teacher.  There did come a point however, when I decided I needed to do more.  I saw kids that I could not reach. They were not going to do their homework for me or learn from me when they weren't safe at home (think back to Maslow's hierarchy of needs ).   When I started law school , I immediately became an intern at the ...

Common Offenses With Driver's License Suspensions and Revocations

Offense Suspension Murder resulting from operation of a motor vehicle; DUI manslaughter where conviction represents a subsequent DUI-related conviction ; 4 th DUI (See section 322.26, Florida Statutes) Permanent revocation Any felony where a motor vehicle is used; failure to stop and render aid when required in a crash resulting in death or personal injury; perjury to the Department under 322.26; conviction of 3 charges of reckless driving within 3 months; conviction of lewdness or prostitution with the use of a motor vehicle; conviction of any offense where there is the use of a motor vehicle and the Court feels it warrants the revocation of driving; fraudulent insurance claims (See section 322.26, Florida Statutes) Indefinite revocation DUI ; Refusal (See section 316.193, Florida Statutes) Anywhere from 6 months to permanent revocation Fleeing/Eluding law enforcement (See section 316.1935,...

You Have A Right To Remain Silent...Use It!

Our founding fathers very specifically crafted the protection against self-incrimination located in the Fifth Amendment with a purpose.  The protection dates back to English common law when the courts sought to prohibit the use of inquisitorial methods of interrogation.  By the late 1700's, Parliament had begun to recognize the presumption of innocence.  Of course, these ideas were carried over into colonial America and adopted into our Constitution. Through decisions of our Supreme Court, the protection of the Fifth has been well grounded and preserved.  Justice Frankfurter, in Ullmann v. United States , 35 U.S. 422 (1956), stated: "This constitutional protection must not be interpreted in a hostile...spirit. Too many, even those who should be better advised, view this privilege as a shelter for wrongdoers. They too readily assume that those who invoke it are either guilty of crime or commit perjury in claiming the privilege. Such a view does scant honor to the...