Florida‘s Punishment Code In 1988 The Florida Legislature enacted The Florida Sentencing Guidelines following the lead of the Federal government’s Sentencing Guidelines. The Legislature hoped to rationalize sentences by creating an arithmetical formula for sentencing and limited judicial discretion. Now, someone convicted of drug trafficking, or possession of cocaine, or…
Although the courts remain largely in denial, the science of analyzing your breath for the presence of ethyl alcohol marches forward. With apologies for the corruption of some good Shakespearean verse: my breath flies up my machines below, machines without science should not to court go. You can start with…
A national newspaper (name withheld..I don’t advertise) ran a story on a case that should be of interest to residents of South Florida. A young lady was arrested for driving intoxicated, or impaired, at the same time as she was texting sexual content. The cop thought it was a triple…
Probation violations are the area of law where many people get confused and confounded. If you understand the steps by which a violation becomes an arrestable offense, you can deal with them. The first question is: Were you properly informed of the terms and conditions of your probation: It must…
In South Florida, as in most states; criminal responsibility for the vast majority of crimes requires intent. A person who is under a mental disease or defect, or is incompetent to stand trial, has the defense to criminal charges of competency or insanity. In South Florida, Fort Lauderdale, and Miami,…
THE BRADY BUNCH IN FEDERAL COURT The friendly antics of the Brady Bunch family and TV land has nothing to do with the realities, the cold realities of criminal proseuctions in federal courts. In the public view federal courts are where our civil and constitutional rights are preserved. It is…
No. A police officer can only make a search or your person (your body, your clothes, your personal space) under one of the following three circumstances: 1. You agree to the search. Your consent cannot be forced or the product of a submission to a show of force. It must…
In Florida you must be 21 years of age to purchase alcoholic beverages. Once 18 it has long been 21. Of course you can serve in the Army at 18 but you can’t drink until you are 21. Some young people in Florida run afoul of the criminal laws by…
Possession of cocaine and trafficking in cocaine criminal charges begin with the government finding and proving possession of measurable amounts of cocaine. Often Florida criminal defense attorneys must defend cases where a small or trace amount of cocaine is found, and often found not ON someone but in close proximity.…
It is against Florida criminal laws for an underage person (21) to sell, serve, possess or consume alcoholic beverages. Serving alcohol to a minor can be a felony: child abuse. If alcohol is present in the same space as a minor the law permits a presumption, albeit rebuttable, but a…