The 1^st District Court of Appeals will be sitting pretty come this winter, in what the St. Petersburg Times calls the “Taj Mahal” of Tallahassee. At a time when court workers are losing jobs and the budget is a mess, people are enraged as the construction that will give each judge a 60 inch flat screen, a kitchen, and a granite bathroom in each personal chamber.

The state budget has been cut consistently since 2007 and now the government will not only have to pay for this giant palace but also come up with over $1 million in annual rent, something the former home of the 1^st District Appeals Court didn’t have.  So how did this obscene example of excess make the cut? Some say secretive backroom dealings.

The funding for the new courthouse was added to the transportation bill as a last minute amendment in the 2007 session. It was hidden somewhere in the middle and many lawmakers who passed the transportation bill weren’t even aware the amendment was in there.

It seems beyond that, there’s a whole lot of finger pointing at who’s to blame. The old court building is being given to the FSU law school and supporters of the school may have had some hands in the lobbying.

The former Supreme Court Chief Judge at the time says that the entire deal shocked him and that he attempted to set up meetings with all parties to stop the construction, to no avail. He even states he asked the Governor to veto the item but Governor Crist states he doesn’t recall that request.

Having a beautiful courthouse is no doubt a nice touch. However, this one seems to be a bit over the top. This article even states that some of the judges who will be working there are “embarrassed” at the excess.

When state employees in the courthouse worry about whether or not they will have a job next month and other courthouses across the state struggle to work without the luxury of air conditioning or even amidst rodent infestation—this building is a shame.

The average Floridian will never see this courtroom. It’s a Court of Appeals and the vast majority of criminal cases never make it this far. Instead they are handled in the older buildings, often crowded with multiple defendants all waiting their turn to be heard before the judge.

A courtroom is an intimidating place and when you are facing charges you are likely to feel the pressure. Does the judge have time to even hear what you have to say? Will he care that this was just an honest mistake?

These are the types of questions you shouldn’t have to answer alone. A defense attorney at your side can help you feel confident when you go before the judge and advocate so that you are represented in the best light possible.

If you’re facing charges and concerned about your court dates—contact us for a free consultation on your case and we can discuss your options.

A Florida man was arrested and jailed for sending his wife a friend request on Facebook, in violation of a domestic protection order.

photo credit: west.m

According to the Smoking Gun, the man admitted to contacting his estranged wife via facebook, against the Domestic violence injunction that was issued against him. He also admitted to changing a password on her email account.

Violating a domestic violence injunction or an  order of protection in Florida is a 1st degree misdemeanor offense, with a maximum penalty of up to 1 year in jail, for a first offense.

A forty-four year old Southwest Miami-Dade man is on the verge of homelessness as he is trapped between a foreclosed home and residential restrictions that won’t let him move. He seems, by all accounts, to be a reformed man and doing his part to be a productive member of society. That could all change, however, if he doesn’t find a place to live.

The Miami Herald reported on this story stating that the man was accused of molesting his then-girlfriend’s 15 year old daughter. He wasn’t convicted and instead received what’s called a withhold of adjudication, meaning he doesn’t have a felony conviction on his record. Having fulfilled his probationary requirements years ago, he still checks in with the police 4 times annually, and does so faithfully.

He has adhered to the conditions of being a “sex offender” and actually ended up marrying the girlfriend whose daughter he pled guilty to molesting. Having been gainfully employed for years, his wife and him are now under serious pressure as their house has been foreclosed and they await eviction with nowhere to go.

The man and his wife had already made arrangements to buy the house down the street, but residency restrictions put in place between the time they purchased their first home and this one bar him from living within 2,500 feet of a school, park, or playground. This means he can’t move into the new home at all.

This isn’t the first case of a sex offender being stuck in limbo with no home available. The story of the Julia Tuttle Causeway encampment made national news and was a sign of just how restrictive the public’s fear of sex offenders had become. Restrictive sex offender laws can backfire, and make the situations worse for everyone involved.

Sex offenders face the largest stigma of any other criminal violators—perhaps even more than murderers. And while there is some evidence that the “worst of the worst”, child predators, cannot be reformed, there are cases like this man, who seem to have done everything by the book but yet can’t catch a break.

The vast majority of people back the residential requirements for sex offenders. They believe that by pushing “these people” as far away from society as possible, they will somehow keep themselves safe. This method of prevention backfires, however, when the restrictions leave sex offenders with no place to live.

While the repercussions of a sex crime conviction are some of the worst, any criminal conviction can forever change how potential employers and society in general view you. When you are facing criminal charges, you need to avoid a record at all costs. If you are accused of a crime, please contact our Florida criminal defense law offices to discuss your options, and what we can do to help.

A elementary school teacher from South Florida is facing a long list of charges after what would’ve been a simple DUI went wrong. When intoxicated, people can make odd choices and act in ways not typical of their personality. This seems to have potentially been the case with the teacher in question.

According to the CBS 4 story, the woman was pulled over for driving erratically on South Homestead Blvd. in Homestead. The officer had several clues that she was intoxicated including slurred speech, flushed face, glossy eyes, poor balance, and difficulty exiting the vehicle and finding her license.

However, when she was cuffed to be taken to the jail things escalated to more than a typical DUI arrest. The suspect allegedly began by telling the arresting officer that she would tell officials he assaulted her. It only escalated more once they got to the jail.

She is said to have kicked at least one officer, thrown the handcuffs at another, and hurled racial slurs all while threatening the officers with their jobs. The school teacher is now charged with battery on a police officer, DUI, and resisting an officer with violence.

She claims she was “roughed” up unnecessarily and she claims she was threatened as well. What began as a DUI arrest, ended with a he said/she said and a long list of criminal charges.

DUI arrests have a tendency to go wrong simply because of the intoxicated nature of the arrestee. It’s not unusual to see a simple DUI charge turn into a longer list of charges including resisting arrest and the most common partner to a DUI—driving on a suspended license.

When you’re driving drunk, the last thing you need is additional charges. One DUI is enough. However, mistakes happen to everyone.

If you’re facing DUI charges or a combination of several charges, please contact our attorneys right away for a consultation on your case and to discuss the best course of action.

Florida is one of only a handful of states that does not have a prescription drug control program. Although this is scheduled to change in December, the booming pill mills stand to prescribe thousands if not millions of pills between now and then.

According to this report from The Crime Report, the state has over 1,000 pain management clinics, many of which are believed to supply prescription drugs to the illegal drug trade, whether unknowingly or otherwise. These “pill mills” as they have become known aren’t typically associated with any hospital or University, as the more reputable clinics are.

Dealing prescription pain medication has grown into a booming business over the past several years as American drug users are increasingly turning to pills to get a high. What may cost $5 per pill on a legitimate prescription, a user could pay up to $60 for on the street.

Workers in the black market trade enter a pain clinic with false medical history and even fake MRIs, requesting medicine for their pain. Once prescribed, they have the pills filled and turn over the goods to a larger dealer or deal the pills themselves. Many outfits come from out of state to take advantage of the lack of regulations in Florida.

Last fall, in Kentucky, arrest warrants were issued for over 500 people involved in trafficking prescription medications from Florida and into Kentucky. It was the largest operation in that state thus far though a spokesperson for the Kentucky State Police said it merely put a “small dent” in the larger problem.

The problem is these clinics are difficult to crack down on. While it may seem obvious that the clinic is practicing bad medicine, proving it can be difficult. Florida seems poised to make an attempt at controlling the problem, however, with a monitoring program set to kick off in December.

The state plans on doing more inspections of pain clinics and will be reviewing medical records to seek legal action, if necessary, against those that aren’t acting with integrity.

Although targeting the users and small time dealers doesn’t make a huge impact in the overall problem, police and prosecutors will continue to do that as well. Although the charges for prescription drug possession aren’t as serious as heroin, for instance, they can seriously impact your life.

If you are facing charges of possession or even drug trafficking, our attorneys can help. Call us today to talk about your case and to get some legal advice on your situation.

According to the Miami Herald, experts believe Florida may be entering a “new wave” of addiction that hasn’t been seen in nearly 30 years. Now, instead of cocaine, lethal combinations of opiates and narcotics are killing people and holding them tightly in the grips of addiction.

In the past, heroin users stuck to heroin and cocaine users stuck with their drug of choice. The increase in deaths is believed to be due in part to a new trend of combining these types of substances with prescription drugs like Oxycodone.

The trend could be due to a struggling economy and people supplementing their drug habits with cheaper additives. 91 % of Broward County drug deaths in 2009 had more than one type of drug in their system at the time of death—most often cocaine and an opiate.

States across the board are seeing these trends; they aren’t unique to Florida. In particular it seems prescription drug use and heroin use are on the rise. Heroin in particular has always been considered a relatively cheap drug and one that can be easily scored in times of short money.

The Herald does mention that cocaine related deaths were down again for the year, despite the overall rising trend.

People who struggle with addiction often have no desire to quit until they hit a brick wall. This wall can come in the form of an overdose and hospitalization or even an arrest. These types of crises sometimes push people to recognize their problem in a light they hadn’t previously seen it in.

If criminal charges are the catalyst to recovery, it is certainly a blessing in disguise. Facing jail time never sounds like a good idea, particularly if you are going through withdrawals. Sometimes, however, drastic times call for drastic measures.

Luckily, there are several counties in Florida that have specialized drug courts. These courts hear only drug cases and have the resources to help people who may be facing charges due to an addiction. Within these courts your addiction is more likely to be addressed.

Whether you are facing possession charges or more serious distribution charges, contact our attorneys to discuss the potential of having your case heard in drug court and what that might mean to you.

Five people were arrested this week following an investigation by the Fl. Department of Environmental Protection, the U.S. Secret Service, and the Florida Department of Law Enforcement—an investigation that spanned two years. All five are charged with organized fraud and the illegal acquisition of diesel fuel, or theft.

According to the Florida Times-Union, the group is accused of using fraudulent credit cards to obtain large amounts of diesel fuel. They then stored the fuel and resold it to truck drivers at a discounted rate. Thirty Hess stations were involved, both in Florida and Southeast Georgia.

The group was able to steal large amounts of fuel at every stop because the truck they were using allegedly contained illegal fuel tanks in the bed.

While this story is a bit of an extreme example, it does show that fuel theft can be a serious crime with serious repercussions. If you are accused of filling up on gas and driving away without payment, you could face charges. Even though most urban gas stations require you to pay up front these days, the same isn’t true everywhere.

In most cases, stealing gas is considered “petty theft” simply because of the value. Petty theft can result in up to 6 months in jail and $500 in fines. However, if this isn’t your first theft offense, the charge could be more serious.

Under Florida law, if you are charged with theft on more than two occasions, you can automatically face 3^rd degree felony charges. A 3^rd degree felony carries a potential 5 years in prison and $5,000 in fines. It doesn’t matter if you were caught shoplifting or stealing gas—this applies to all theft charges.

The seriousness of your theft charge is directly tied to the value of the goods or services you are accused of taking. Obviously a $2,000 watch will carry a harsher sentence than a $20 tank of gas. Similarly, if you take something valued at more than $100,000, you can face 1^st degree grand theft charges, which carry a potential 30 years in prison.

When you are up against theft charges, whether they are “petty theft” or “grand theft”, you need the assistance of an aggressive defense attorney. Contact me today to discuss the details of your case and to receive a free consultation.

Two women, allegedly upset about their service at a local fast food joint are now facing aggravated assault charges for taking their frustrations out on a restaurant worker. We’ve all been frustrated with service before but these two women took customer frustration to a whole new level, making national headlines with their alleged acts.

According to CBS, the two women had ordered at the drive-thru window of a Daytona Beach Wendy’s and were unhappy with their order. At the window they are said to have verbally assaulted the employee and then entered the establishment when they still weren’t satisfied.

Once inside, the duo reportedly confronted the drive-thru staff member and one chased him around the store with a pink taser. The other suspect cheered her on. The women left when a manager threatened to call police.

Aggravated assault with a deadly weapon is a serious criminal charge. If convicted of such a charge, the women could be looking at 5 years in prison. More than likely, however, they will make a plea agreement with the prosecution.

Typically, with criminal charges, a prosecutor will file the most serious applicable charges available. Then, depending on the defendant’s criminal history and the facts of the offense, they will sit down with the defendant and attorney to potentially work out a plea agreement.

This saves the prosecutor the hassle of a trial and also gives the defendant a lighter sentence that originally expected.

While most criminal cases end in a plea agreement, the decision to accept such an agreement is a serious one and not one that should be made without defense attorney input.

If you are facing charges like assault or even possession of a controlled substance, I can help you. Contact me today to discuss your case and more about plea agreements. We can talk about the potential outcome of your criminal charges and what can be done to work out a favorable deal with the prosecution.

A number of proposed criminal law reforms didn’t make it through the Florida legislative session that ended on April 30th.Tampa Bay Online, provided an update on what got passed and what got dropped in the final session.

Failed Efforts

• The bill to reform Florida sexting laws failed to pass, so teens sexting explicit images to other teens via cell phone remains a felony charge, and can result in prison and lifetime status as a registered sex offender. That is exactly what happened to this teen.
• A bill to restrict texting and driving, or reading emails also failed to survive.  So text away!
• You can also feel free to smoke with kids in the car. There was a proposal to ban that, which also failed.

Successful Efforts

• Automatic traffic ticket cameras that photograph people who run red lights, scan license plates, and automatically send you a citation in the mail are now allowed.
• There are now tougher restrictions on registered sex offenders, which limit such people from loitering within 300 feet of where children gather: schools, playgrounds, etc.
• There are tougher restrictions on so called “pill mills”, clinics that issue prescription drug pain medications. Patients who pay for services in cash (without an insurance plan) are restricted to a 72 hour supply of certain addictive pain medication prescriptions.

Some of the failed laws may return in the next session, but many likely will not.

A new law that would ban texting while driving has passed the Florida State Senate in a 34-4 vote last week. Now, however, it must pass the House where there is expected to be some resistance.

According to the Herald Tribune, the Chair of the House Finance and Tax Council believes that not only is there not enough time left in the session to pass the measure but that the measure needs to address “distractions” in general and not just texting. Rep. Ellyn Bogdanoff accurately points out that technology quickly finds its way around distracting practices with time and the same will likely happen with texting.

The new law would assess a fine for a first time offense, and a fine and three points on a second offense. If the texting causes an accident, six points will be assessed. In order for the fine and points to be assessed it is said that the police must see the driver composing a message—which seems to open up many questions.

For instance, what is considered a text message? Does the law apply to sending emails? What about clicking buttons to open an email simply to read it? Does thumbing through your contact list to find a phone number count as a text message and if not, how would an officer know from afar that you aren’t doing exactly that?

Time will tell if the measure passes but if it does, the language will need to be tightened up in order to prevent a windfall of challenges.

Oftentimes people think all traffic offenses are minor. This isn’t necessarily true. A reckless driving charge, even when no damage is caused, can carry up to 90 days in jail. If you are convicted of reckless driving with property damage or injury, however, you could face up to one entire year in jail.

Even driving offenses can forever tarnish your driving record and even your criminal record. If you are facing criminal traffic charges and need assistance, call me today.