According to the Tampa Bay Times, Scott responded to Buckhorn in a letter dated the very same day as he received the request for an executive order. In his response, Scott said the request went too far. He mentioned the Secret Service will ban weapons within the convention, but that a ban throughout downtown was excessive.

“But it is unclear how disarming law-abiding citizens would better protect them from the dangers and threats posed by those who would flout the law,” his response read. “It is at just such times that the constitutional right to self-defense is most precious and must be protected from government overreach.”

Those who know the Governor’s stance on gun rights should not be surprised at all about his response to the request. Some, however, are disappointed.

City Council member Lisa Montelione says she will ask the Secret Service to expand their authority to ban weapons throughout downtown, something they could do, though it isn’t likely.

The city is largely concerned about the protestors who will descend in August; they are expecting around 15,000. Many of the protestors will be peaceful, but officials are expecting that some will be there to cause trouble.

Echoing sentiments that might make protestors nervous–as well they should make them at least cautious—Tampa Police Benevolent Association president Greg Stout said, “We pretty much look at everybody like they’re armed.”

For protestors planning on coming to the Tampa area during the RNC, caution is recommended. If the police “look at everybody like they’re armed,” you can expect to be treated as an armed individual even when a placard is the only thing you are holding.

More than likely, police will be on edge during the RNC and in days leading up to it. Arrests for things like disorderly conduct and resisting arrest are probable. And no matter how minor your disobedience is, a charge like this can change your life.

When you are arrested for doing something you feel like you have every right to be doing, it can be extremely frustrating to say the least. Having a local advocate on your side during this difficult period can be helpful.

Whether you are charged with disorderly conduct for protesting or if you are facing other similar charges, we may be able to help.

Mayor Buckhorn has already designated what’s being referred to as a “Clean Zone,” around the downtown area, where the RNC is to be held in August. In this Clean Zone, he’s already banned the weapons he can, including knives, mace, etc. He’s even gone so far as to ban those things that could be used as weapons like glass bottles, chains, and water guns. Yes, water guns will be banned.

And it isn’t just in the immediate area of the Convention that these things will be outlawed. The “Clean Zone” is said by the Tampa Bay Times to encompass, “several square miles.”

It isn’t clear how the Clean Zone rules will be enforced. How will an officer be able to justify arresting someone walking a mile from the RNC with a glass bottle?

Regardless, the Mayor is hopeful that something can be done to include firearms in that list of banned objects. The Governor has the power to issue an executive order to “suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives and combustibles,” in times of emergency considered beyond local control.

The Secret Service will obviously handle any security within the Tampa Bay Times Forum, where the RNC is being held, and will be able to stop anyone from entering who is found to have a firearm. But they aren’t likely to expand their powers throughout downtown and the large Clean Zone.

Generally, carrying a concealed weapon is considered a 1^st degree misdemeanor offense carrying up to a year in jail. This law applies to all weapons capable of causing serious physical injury, including knives and the like. To carry a firearm without a permit is a felony charge.

It isn’t clear how people would be charged if they were found carrying a concealed weapon within the Clean Zone, even if they had a permit, or how they would charge someone found with a water gun or other temporarily banned object.

The criminal laws of Florida are confusing enough as it is. When you are faced with a criminal charge, it can be difficult to understand what it is that you are up against and what can be done to minimize the potential consequences.

If you are charged with a weapons offense, contact us today to discuss the details and how we might be able to help.

Of course Zimmerman lost his permit after being charged with the murder of Martin, though he will be able to get it back if he is acquitted.

According to the Tampa Bay Times, about one in every 15 adults in the state has a permit for a concealed weapon. The majority of them are men and most are over the age of 50. The highest concentration of permit-holders is found in Miami-Dade County, where there are 82,000.

In the next few months, the number of permit-holders is expected to pass 1,000,000.

The rate of requests for such permits has risen over the past few years. The reasons are anyone’s guess. But some suggestions include economic uncertainty, mistrust of government, and fear of crime.

The last two months (February and March) were the busiest on record for requests to the Department of Agriculture and Consumer Services, who handles the concealed weapons permits. In February, there were 53,835 requests for new permits and renewals. In March, there were 52,712.

Getting a concealed weapons permit isn’t too difficult if you have a clean criminal record. But you can easily lose it if you are charged with an offense or if you are named in a domestic violence case. Since July of 2011, only 964 permits have been suspended and another 725 were suspended in domestic violence injunctions.

Some see the Martin-Zimmerman case as a rally cry for stricter gun control, while others say that the majority of concealed weapons permit-holders are law abiding citizens that don’t shoot people.

While people may have the right to carry a concealed weapon with a permit, it’s those that carry a firearm without a permit that face serious legal consequences.

If you are found carrying a concealed firearm, you could face 3^rd degree felony charges and up to 5 years in prison with $5,000 in fines. Even if it isn’t a firearm, and you are found with a knife or other weapon, you could be charged with a 1^st degree misdemeanor and up to 1 year in jail.

Despite how easy it might seem to get a concealed weapons permit, the consequences of going without one are severe.

If you are facing a weapons charge, contact our offices today. We can help you determine the best course of action for your case in hopes of avoiding the most serious penalties.

Zimmerman has yet to be arrested because he claims he acted in self-defense. The police say they have no evidence to discredit Zimmerman’s version, despite 911 calls where Zimmerman admits he was the one pursuing Martin, and Martin’s girlfriend who was talking on the phone with him at the time, who says Martin was scared because a man was following him.

Some are saying the whole case, which has been the subject of national outcry for justice, focuses on the controversial Stand Your Ground law of Florida. But even the writers of the law say Zimmerman can’t invoke immunity under the self-defense law.

The law allows for people to use up to deadly force when they feel they are being threatened with that same level of force. “Nowhere does it say that a person has a right to confront another,” according to the Miami Herald.

Former state Senator Durell Peaden and state Rep. Dennis Baxley, who wrote the law, say that Zimmerman should be arrested.

When on the phone with dispatch, Zimmerman said he was pursuing Martin. Dispatch told him not to and he ignored them. “When he said ‘I’m following him,’ he lost his defense,” said Sen. Peaden. “He has no protection under my law.”

Other legislators are saying the law needs to be clarified, that it’s too vague. But there’s little doubt that those who approved it didn’t mean for it to be applied to “some weird Batman who would go out and kill little kids like Trayvon,” as Senator Braynon described it.

The case has garnered national, if not international attention and people are calling for Zimmerman’s immediate arrest. The Department of Justice and the state have opened an investigation as well. But, Zimmerman remains free.

When you are in your home and someone breaks down the door with a gun, you have a right to defend yourself and your property. If you are on the street and someone attempts to rob you, you can defend yourself. But to follow someone at night and possibly illicit their self-defense gives you no right to then shoot them.

Self-defense is a tricky strategy to use in any violent crime. However, if it can be proven that you acted in self-defense, you may be able to avoid something like an assault conviction, for instance. If you are facing charges and curious about defense strategies like this, get help from a local Florida attorney.

The Department was hoping to save millions in a move to privatize the majority of prisons in South Florida. But, that plan was rejected by the state Senate just two weeks ago. The DOC now has to look elsewhere to free up funds, and the probation department is their target.

Probation officers will only be making one field contact a month to offenders. These contacts are where the officer shows up unannounced to the offender’s home to check on their compliance. These visits are definitely not something that offenders enjoy, and they take up a significant amount of time (and therefore money) of the department.

Tucker has reassured people that, “Nothing is being done carelessly or without regard to public safety,” though he hasn’t yet released all of the details of the shift, according to the Times/Herald.

One opposition voice is the International Brotherhood of Teamsters, representing prison employees. Their spokesperson Leslie Miller called it “dangerous and illegal.” Her concern is that it would give offenders a reason to flee supervision.

Others believe only one visit a month will encourage offenders to break the rules of their probation and even the law.

Some people do things because it’s the right thing. Others do things because they know they’re being watched,” said Pinellas Sheriff Bob Gualtieri in response to the change. “For those people who are the latter, when they know they aren’t being watched, then my concern is that they might go out there and do things they’re no supposed to. And then that falls to us.”

There is a chance that the department will require offenders to make more visits to probation offices themselves. But as one critic of the policy points out, it’s not the same as having an officer knock on your door unexpectedly “at 11 o’clock at night.”

Probation is considered a privilege, for people who are better suited to community supervision rather than prison time. Just who qualifies for probation and who serves incarceration is usually determined by the prosecutor, in seeking a certain sentence, and the judge who ultimately determines the sentence.

Usually, probation isn’t the walk in the park it is made out to be, with strict rules and conditions that must be adhered to. But, it’s always preferable to jail time.

If you’re facing charges, for anything from drug possession to assault or rape, we may be able to help. While not all criminal charges are eligible for probation, many are, and we can help determine the best strategy for your case to get you the best possible result on your day in court.

In working to gain support for gun control, Fewless distributed driver’s license photos of eight “outlaw bikers” with concealed weapons permits. The move was in opposition to a proposed open-carry law. He hoped to convince lawmakers that an open-carry law, allowing people like these bikers to carry their weapons out in the open, would hamper tourism in the area.

Fewless was acting in conjunction with the Florida Sheriff’s Association to convince lawmakers that open-carry legislation was a bad idea. But, he broke more than one law in his photo-wielding efforts.

State law prohibits identifying people with concealed weapons permits. Also, the federal Driver’s Privacy Protection Act of 1994 prohibits releasing driver’s license photos. But Fewless claimed he didn’t know about either of these laws, and his claim was enough to get him off the hook.

According to the Orlando Sentinel, Fewless said, “The fact that nobody from the (Florida Sheriff’s Association) meeting indicated it was bad idea to show photographs of (the bikers) that had CCF (firearm permits) indicates that nobody was aware of the law prohibiting it.”

As a result, Fewless was cleared of any wrongdoing and one agent, who provided Fewless with the photographs, was reprimanded.

Former NRA President and critic of the Fewless’ photo campaign Marion Hammer says quite accurately, “When you or I do something we’re told ‘ignorance of the law is no excuse.’”

Seeing one law enforcement official being treated differently than the average citizen does not sit well with most people, nor should it. Ignorance is not a proper legal defense and not an excuse for breaking the law. While this may have been a minor violation, when compared with other possible crimes, the fact that Fewless’ ignorance got him off just shows that enforcement of the law is not always equal.

There are very few judges and prosecutors that will be sympathetic to someone who didn’t know they were breaking the law, because with most criminal charges knowledge of the violation is considered common sense.

If you are facing criminal charges and are unsure of the laws or the criminal court process, you need an advocate on your side to help you along the way. Contact our offices today for a free consultation on your case and to see how we can help.

Most of these escapees have walked away from work release programs and work camps, or simply stopped checking in with their probation officer. But, 5,600 of them were initially convicted of a violent offense, so the search for them continues.

According to the department of corrections, the search for these offenders doesn’t stop simply because the years have passed. There never comes a point where the agency gives up, though one has to wonder how hard they’re actually looking.

The department is said to make checks of the probation systems, jails, hospitals, and death records. They also check former addresses, work places, and listed family and friends. They post photos of the escaped offenders on their website and ask the public for any tips.

But, if you are able to lay low for several years without getting caught, chances are you know how to stay under the radar.

“Some of these are like Jean Valjean from Les Miserables, living in the community, leading conventional lives and are not a threat to anyone. And we know that because they are not being re-arrested,” says criminal justice expert Martin Horn from the John Jay College of Criminal Justice.

Some have leapt fences and others just walked away. But they all knew they were breaking the law, so the smart ones wouldn’t do anything to bring attention to their freedom, or risk being sent back to prison with additional years tacked on.

Frederick Barrett managed to hide out for 32 years and was eventually arrested last year when he was located in a remote Colorado cabin. He was a convicted murderer when he escaped prison during a power outage. He beat and drown his “traveling companion,” and then went into hiding. But his story is the exception.

All 30,000 or so of these escapees have to live with the threat of re-arrest for the rest of their lives, or until they are caught or turn themselves in. It’s similar to having an outstanding warrant for your arrest and can make day to day living very stressful.

If you have a warrant out for your arrest and are concerned about what it could mean for your future, contact our offices today for a free consultation and to discuss your options.

South Florida will have three such courts when one in Broward opens later this year. But, they are expected to grow even more as the demand for veteran’s services increases with those coming home from Iraq and Afghanistan. South Florida is already home to about 287,000 veterans, according to the Miami Herald.

Currently, legislation is pending that would increase the number of such specialty courts handily. Having passed the House Appropriations Committee unanimously and with two similar bills in the Senate, each judicial circuit would be allowed to create such a vet court.

These courts, like drug courts, are designed to get people help and to address the cause of their criminal behavior. With veterans, this cause is often PTSD or the drug and alcohol problems that arise when one returns home from overseas.

By addressing the causes of the criminal behavior, the hope is that these vets won’t return to the system again and will receive help in living a well-adjusted life.

The Veteran’s Administration (VA) plays a big role in the Vet Courts as they are able to provide therapy and treatment for free to the veterans through federal money. While vets often have contact with the VA when they first leave the military, this relationship often dwindles. The vet court reconnects the veterans with the services provided by the VA.

The courts aren’t designed to not hold people accountable for their actions. On the contrary, the program can be quite difficult. With frequent court check-ins and mandatory treatment, some vets can’t stick with it. According to the Miami Herald, in the span of a year, the Palm Beach County Vet Court hears 281 cases, of which 43 were referred back to the criminal court (what happens when a defendant doesn’t succeed in the specialty court).

As a veteran, your needs are unique. While vet courts aren’t present in every jurisdiction, the numbers are growing. If you are accused of a criminal offense, it could provide you with the opportunity to get some help.

Contact our offices today to discuss the details of your case. Whether you are accused of a serious felony, or a simple drug possession, we can help.

She was originally charged in the manslaughter of 19-year old Jessy Calvin Pitts and 17-year old Taylor Rae Brennan, who were killed in a car accident on the night of January 11, 2009, just after leaving the party hosted at Santarelli’s home. She was found not guilty of those two more serious counts, and was subsequently charged with misdemeanor contributing to the delinquency of a minor and misdemeanor hosting an open house party.

Pitts had been seen at the party doing shots of rum with Santarelli. He later got behind the wheel of his 1991 Thunderbird to drive Brennan home. Deputies initially stated that although friends tried to stop him from diving, Santarelli did not. His blood alcohol level was more than twice the legal limit at the time of his death.

The party wasn’t a one-time event. According to investigators, Santarelli allowed similar parties at her home for a period of about four months, parties where kids had access to alcohol, marijuana, and nitrous oxide.

Judge Watson said about the case that it was “probably the egregious case of contributing to the delinquency of a minor that I have had experience with in my 50 years as a lawyer—and as a judge, public defender, and prosecutor.”

In misdemeanor cases, one year is the maximum allowable sentence. It’s quite rare that someone is sentenced to the maximum. But in this case, the judge obviously thought it was warranted. Though Santarelli didn’t make the kids drink, she had a responsibility as an adult to not provide such substances either. Contributing to the delinquency of a minor is the applicable charge when an adult would provide such substances or otherwise encourage or enable such behaviors.

Florida doesn’t have a specific “social host” law that some other states have that are more specific, and tougher with regard to adult responsibility for teens drinking under their watch. These charges are pretty rare when compared with other alcohol-related charges—DUI, of course, being the most common.

Like Santarelli’s charges, DUI is a misdemeanor. But for a first offense, you will only face up to 180 days in jail, along with probation, fines, driver’s license suspension, community service, DUI school, and the risk of having your vehicle impounded.

Such penalties cannot be taken lightly.

If you are accused of any alcohol related crime, you need someone on your side willing to advocate for your best interests, to work to get you the best results possible on your day in court. Contact our offices today for a consultation on your case.

Jailhouse informants are those currently incarcerated who come forward in another criminal case with crucial information. The weight of their testimony varies by the jury or judge hearing the case and the information they are presenting. Sometimes, however, their input could lead to a conviction.

In the case of Chad Heins, two jailhouse informants help send him to prison for a murder he didn’t commit. He would serve 11 years before being exonerated. William Dillon would spend 20 years wrongfully incarcerated for murder after being implicated by a jailhouse informant. Wilton Dedge was convicted of rape and also served 20 years at the hands of a similar snitch.

Inmates and people who are facing current criminal charges often have additional incentive to lie in against another defendant. They are often given payment in the form of parole or reduced charges in their own cases by prosecutors. This, no doubt, doesn’t help increase their accountability.

According to the Orlando Sentinel, two University of California-San Francisco psychologists conducted a study which found inmates to be very good liars. They were very successful at deceiving people in the study.

The Innocence Commission is pushing for legislation that would require a sort of reliability test for such witnesses/informants. Currently, Illinois is the only other state with such a law. Florida currently requires such a test for scientific evidence, but none for testimony from witnesses or informants.

If passed, the Commission’s legislation would require a judge to conduct a hearing on the reliability of the informants. They would take things like criminal history and pending criminal charges into account. If the witness was made promises in exchange for their testimony, that would no doubt play a role in the judge’s ultimate decision.

The Commission is also considering language in the legislation that would require juries to be informed about the questionable reliability of a jailhouse informant’s testimony. This would be true in murder cases and drug cases alike—anything that required the use of such an informant.

In Texas and California, all testimony from such witnesses must be corroborated before being allowed. Just two weeks ago, the Commission backed away from such a rule in Florida.

There is no sure way to know who is telling the truth and who is lying when in court. Even lie detector tests aren’t completely reliable. This is why it can be so frustrating to tell the truth and not be believed.

If you are facing criminal charges and worried about your accusers reliability or whether anyone will believe your side of the story—contact our offices today to discuss your case.