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Articles Posted in Criminal Defense

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Sometimes criminal racketeering in Miami involves drugs and these drugs may be seized and forfeited as the result of an investigation. Recently, an appellate court heard a challenge to a lower court’s finding of probable cause sufficient for seizure of property, currency and accounts greater than $975,000.00 and a BMW. The appellate court determined that there was probable cause to sustain the seizure and affirmed the lower court’s ruling.

The case arose from a synthetic marijuana products enterprise. Law enforcement officers looked into three stores owned by a business that sold several synthetic marijuana products. The detectives were involved in a minimum of 80 undercover buys of prepackaged synthetic cannabinoids that were meant to be consumed. Because of the investigation, the business’s property was seized, and a forfeiture proceeding was put in place under the Florida Contraband Forfeiture Act and the Florida Racketeer Influenced and Corrupt Organizations Act (RICO), which is Florida Statutes section 895.05. The government claimed the property it was taking had been acquired through the sale of synthetic marijuana.

After the property was seized, the business moved to dismiss forfeiture action for lack of probable cause and motion to return assets. The government and defense agreed the motions could be presented without a hearing but after considering a narcotics officer’s deposition. The lower court found probable cause to support the seizure and denied the motions. It held that a Schedule I substance cannot be adulterated or misbranded under Florida Statute Chapter 499.

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Being injured on the job can cause serious financial and resourceful hardship. These injuries can change your lifestyle, your method of enjoyment, and even your career path. Worker’s compensation was created to aide individuals who have been injured on the job, while performing their job duties.

Faking an injury or making a minor injury out to be more serious than it really is in order to obtain benefits can be tempting, but it will likely cause more headaches than it is worth.

Lying about an injury or pretending like an injury occurred at work when it did not can lead to serious legal consequences. Fraud is defined as a false representation. In the legal sense, it is a false representation of a material fact, whether by words or by conduct, that misleads or is intended to deceive another person so that she or she will act upon it to his or her detriment.

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According to the Florida Senate, eyewitness misidentification has been cited as the single greatest cause of all wrongful conviction in the State of Florida –accounting for more almost seventy-five percent (75%) of convicting that were later overturned.

While the Florida legislature is fully aware of the problem in eyewitness identifications, if passed, Senate Bill 643 will be the first bill that addresses the proper procedure for conducting live line-ups and photographic identifications.

If passed, Senate Bill 643 will take effect this year, October 1, 2017.

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