Florida Criminal Defense Blog

Via the Taxgirl, Florida state Legislator Darryl Rouson has proposed a 5% tax on drug paraphernalia. The purpose of the tax would be to contribute the proceeds to help fund Florida drug addition and treatment programs.

This is certainly an interesting idea that is widely impractical.

Generally a criminal charge of possession of drug paraphernalia depends on the context of it’s use. You can be charged with possession of paraphenelia if the prosecution thinks it can make a case that what otherwise might be a common household item was being used to consume,  use, package or prepare drugs. If a pile of drugs is found next to a scale and baggies, then a case can be argued that they are drug related items.

But in the context of a legal purchase, that distinction doesn’t make any sense. Does that mean Ziploc bags must have a 5% surcharge? A 2 liter soda bottle? Duct tape? The list of items that could be considered paraphernalia is huge, facinating, and strange.

I look forward to seeing how such legislation could be passed or implemented. More than likely, this idea will be buried before it gets very far along in the process.

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If you are facing a criminal charge or drug possession, or drug paraphernalia in Florida, please contact us for a case evaluation on the charges you face. The initial legal consultation is absolutely free.

After any tragic case of someone killed by a repeat drunk driver, there are always a flurry of editorials about Florida drunk driving laws, and what can be done about preventing future victims. The most recent article is here in the Sarasota Herald Tribune.

It is important to distinguish between people who make a mistake and may be slightly over the limit, and those who have chronic alcohol addiction and abuse problems, who are the most likely to re-offend.

Unfortunately, Florida DUI laws are a blunt instrument that tends to punish decent citizens who make a mistake as if they are dangerous criminals. The laws are set up to maximize the pain of fighting a charge, fair or not, due to instant license loss and the potential financial hardships that result from not being able to drive.

And, as the article says, those who are chronic abusers are much more likely to drive while their license is suspended after a DUI, or illegally borrow a car to avoid an ignition interlock device requirement.

The current law which requires an ignition interlock device after a 2nd offense conviction, or a .15 BAC Enhanced DUI is arguably reasonable compromise. But punishing citizens with a IID requirement after any conviction would be unduly harsh on regular citizens, and it unlikely to prevent future drunk driving incidents.

And proposals for mandatory alcohol monitoring in all vehicles is extraordinarily intrusive and over the top.

We all want rules and laws that keep drunk drivers off the road and work to insure public safely while not infringing on the civil liberties and rights of ordinary citizens.

Fortunately, there is an innovative law enforcement approach to chronic alcohol abuse and drunk driving right in Sarasota: The Sarasota County DUI Court.

DUI courts in Florida (there are 3) exist to aggressively monitor and change the behavior of chronic alcohol abusers with two or more DUI convictions. The monitor and test for alcohol consumption, treat the person’s alcohol addiction. If a person succeeds in the program, they are given an opportunity for reduced sentences. If a person washes out, stiff penalties are issued.

It will be fascinating to see what results from these innovative courts, and if an impact on Florida drunk driving statistics can be measure as a direct result from programs like these.

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If you are arrested and charged with a DUI in Florida, please contact us for a free legal defense consultation.  We look forward to speaking with you and offering our help.

Jails are big expenses to the taxpayers, and Sarasota County has been working hard for creative and efficient solutions to put off building another jail.

Programs have included efforts to speed up the criminal justice court process, reducing the time required for defendants to be behind bars, to efforts to treat people with addiction problems at secure, but less expensive drug and alcohol treatment facilities, such as First Step.

Pre-trial screening programs that run 24 hours a day, and Friday sweeps to process and clear out minor misdemeanor offenders or minor probation violations before the weekend, and weeks before cases are ultimately resolved are also showing real benefits.

Jail is a significant expense to a community. The need for 24 hour guards, not to mention maintenance, food, laundry, and basic needs for the inmates can be huge. But besides the cost savings to the community, these program have a significant side-effect of actually being fairer and more humane to people caught up in the Florida criminal justice system.

No one wants to compromise the security of the community, but these moves try to strike a balance between efficiency and justice.

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If you are charged and arrested for a crime in Florida, please contact our FL criminal defense lawyers. Statewide coverage, free defense consultations.