Posted on August 25, 2017 in Civil Rights

On July 3, the Miami Herald reported that Miami-Dade Circuit Judge Milton Hirsch ruled that Florida's updated "Stand Your Ground" law was unconstitutional. The ruling was not binding, likely meaning that the appeals process would lead to the revised law being reviewed by the Florida Supreme Court.

Senate Bill 128 (SB 128), which shifted the burden of proof from the defendant to the prosecutor during the pretrial phase of Stand Your Ground cases, was one of 16 measures Governor Rick Scott signed into law on June 9. Under the new law, prosecutors must prove by "clear and convincing" evidence that an alleged offender was not acting in self-defense.

Hirsch issued his ruling in the case of a woman charged with aggravated assault with a firearm and grand theft. The Herald reported that the woman will have an immunity hearing held in the near future to prove her self-defense claim, and she would be able to appeal to the Third District Court of Appeal, and ultimately, the Florida Supreme Court is unsuccessful.

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 Posted on August 25, 2017 in Civil Rights

In Bretherick v. State, 170 So.3d 766 (Fla. 2015), the Supreme Court of Florida concluded that the Fifth District Court of Appeal correctly determined that the defendant bears the burden of proof, by a preponderance of the evidence, to demonstrate entitlement to Stand Your Ground immunity at the pretrial evidentiary hearing. The Court noted that in Dennis v. State, 51 So.3d 456 (Fla. 2010), it approved the procedure of a pretrial evidentiary hearing set forth in Peterson v. State, 983 So.2d 27 (Fla. 1st DCA 2008), for evaluating a claim of immunity under the Stand Your Ground law.

Jared Bretherick was charged with aggravated assault with a firearm for his alleged conduct during an encounter with another driver on a highway in 2011, and Bretherick filed a motion to dismiss under Florida Rule of Criminal Procedure 3.190(b), claiming immunity from prosecution under Florida's Stand Your Ground law. Bretherick sought a pretrial evidentiary hearing on his motion to dismiss, consistent with the Court's decision in Dennis, which approved the procedure of a pretrial evidentiary hearing to consider a defendant's claim of entitlement to Stand Your Ground immunity, but the trial court concluded that Bretherick did not establish entitlement to immunity by a preponderance of the evidence and denied Bretherick's motion to dismiss.

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 Posted on June 09, 2017 in White Collar Crimes

The Miami Herald reported last month that a man the Herald referred to as "a notorious Miami swindler" was charged with grand theft and issuing worthless checks after allegedly writing $3,000 in bad checks to the Zoological Wildlife Foundation to "adopt" a white Bengal tiger cub named Esha. The alleged offender was already facing trial for at least $113,963 in alleged bounced checks for luxury suites at Miami Heat games during the 2012 NBA playoffs.

According to the Herald, the 35-year-old businessman's attorney chalked up his "long history of writing worthless checks" to a gambling addiction. The Herald reported that the alleged offender has been in and out of jail for years for passing checks and is facing five criminal cases.

The alleged offender wrote the $3,000 bad check in September while he was out on bond and took his daughter for a birthday party at the five-acre private zoo. His daughter received park visits and a certificate declaring her a "zoo parent."

"He was trying to be a good parent," the man's lawyer told the Herald. "But you have to be able to afford it."

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 Posted on June 09, 2017 in DUI

The Sun-Sentinel reported on May 26 that a 29-year-old Coral Springs woman was charged with driving under the influence (DUI) manslaughter nearly two months after a crash in Tamarac. According to the Sun-Sentinel, the alleged offender drover through a red light and collided with a Toyota Scion XB, critically injuring its 73-year-old driver.

The Sun-Sentinel reported that the Tamarac man who was driving the Toyota died from blunt force injuries a week after the crash. A third car - a Ford Fiesta - was also struck by the Toyota, and the alleged offender's Cadillac also allegedly drove onto the property of a 7-Eleven gas station, damaging landscaping and knocking down a palm tree, according to the Sun-Sentinel.

The alleged offender told investigators she drank "less than one glass of champagne" before driving. The Broward state attorney's office told the Sun-Sentinel that the alleged offender had a blood alcohol concentration (BAC) of 0.20 about an hour after the crash and a BAC of 0.11 when tested seven hours after the crash.

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 Posted on May 03, 2017 in Civil Rights

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

Problems with Eyewitnesses

Florida law allows for multiple types of eyewitness identification procedures. Law enforcement agencies may conduct scene identifications, live line-ups, or photographic identifications. Senate Bill 643 specifically refers to live line-ups and photographic identifications. A photographic line-up consists of showing the witness pictures of similar-looking individuals and asking the witness to identify the suspect. A live line-up is the typical lining of suspects behind a two-way mirror with the witness picking the accused out from the lineup.

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 Posted on April 14, 2017 in Criminal Defense

The Sun Herald reported on April 6 that rapper Kodak Black's management said in a post on the website for the Spring Break Explosion Music Festival that he would be forced to reschedule his April 7 Biloxi performance "due to unforeseen incarceration." According to the Sun-Sentinel, the 19-year-old artist, whose real name is Dieuson Octave, has remained in the Broward Main Jail without bond ever since being arrested in February for four alleged violations of his probation.

The Sun-Sentinel reported that Octave's probation officer at the Florida Department of Corrections initially accused him of four violations of his house arrest, including failure to complete an anger management program, going out to a strip club, a boxing match in Ohio, and going to other unspecified locations without permission. At a danger hearing on March 20, two additional allegations (a battery offense and being at the strip club without prior approval) were added to the Department of Corrections affidavit against Octave, according to the Sun-Sentinel. A final violation hearing is scheduled for April 19.

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 Posted on March 09, 2017 in Drug Crimes

A new trend in marijuana consumption has emerged. Marijuana is now being consumed in wax, oil, and butter form. These concentrated forms of marijuana are highly potent with tetrahydrocannabinol (THC). THC is the active ingredient that gets users "high" when they use marijuana.

The process of creating waxes and oils can be very dangerous. The most common method involves using butane to extract the THC from the marijuana plant. The maker uses a cylinder tub filled with marijuana and butane. The butane extracts the THC from the marijuana leaving an oil or wax-like substance at the end.

Butane is highly flammable. Broward County and other areas in South Florida have seen an increase in fires due to THC concentrate manufacturing. Law enforcement officers look for signs like large orders of butane and cylinder tubing to local homes as a sign of manufacture.

Legally speaking, THC concentrate possession can lead to consequences that are much more serious than simply possessing the green leafy substance. Essentially, possessing less than 20 grams of marijuana as a plant is classified as a misdemeanor. Possessing any amount, even a small dab, of marijuana concentrate, however, is a felony.

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 Posted on March 08, 2017 in Civil Rights

Stand Your Ground (SYG) laws have been controversial in recent years, especially in Florida. High profile cases have overshadowed the common popularity of SYG laws. In 2013, Florida Governor Rick Scott convened the Task Force on Citizens Safety and Protection to review public perception of Stand Your Ground.

The Task Force found that many people believe that when those who are conducting themselves in a lawful manner are attacked, they have a right to defend themselves and to stand their ground. So, while the law is controversial, many people still believe in the principle behind it.

The fundamental reasoning for Stand Your Ground would be reinforced if Senate Bill 128 (SB 128) passed. SB 128 was created in response to the Florida Supreme Court's ruling in Bretherick v. State, 170 So.3d 766 (Fla. 2015), where the Court ruled on the burden of proof in pretrial evidentiary hearings for SYG immunity.

In Bretherick, the Court held that the burden of proof was on the defendant to assert that he or she was entitled to immunity, and the standard of proof was by a preponderance of the evidence.

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 Posted on February 24, 2017 in Criminal Defense

Before 1983, the criminal defendant had no reliable way of determining what type of sentence they may be receiving following a criminal conviction. Florida lacked a clear set of guidelines for judges when determining an appropriate sentence for a criminal defendant. Felony convictions could carry a maximum penalty ranging anywhere from five years imprisonment to life imprisonment depending on the category offense. Due to the availability of parole for many convicted individuals, this policy resulted in varying amounts of time served for the same offenses.

The need for consistent sentencing structure lead to the eventual creation of Florida Rule of Criminal Procedure 3.992(a). These guidelines categorize offenses into different levels based on the severity of the crime, violence towards any victims involved, the offender's criminal history, legal status violations, use of firearms, and additional enhancements.

Florida Rule of Criminal Procedure 3.992(a)

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 Posted on February 24, 2017 in Drug Crimes

Despite the January legalization of medical marijuana in the state of Florida, Miami appears to have made little adjustments to prepare for the legal distribution of marijuana for medical purposes. Throughout the city of Miami, officials are still debating on the legality of medical marijuana distribution in the city.

Despite a 70 percent positive vote on the legalization of medical marijuana, and the possibility of an economic boost to Miami's economy, Miami officials remain skeptical. Amendment 2, which legalized the sale of medical marijuana throughout the state of Florida, has left Miami officials at a standstill, and the City of Miami appears unprepared for the July 3rd deadline for Florida Legislators to make specific rules on the distribution of the drug.

Attorney for Drug Offenses in Miami, Florida

Following the legalization of medical marijuana, recreational marijuana remains illegal under Florida law. If you were charged with possession of a controlled substance in the city of Miami, your time to act is limited. The moment you are arrested for a criminal offense, the prosecution is working hard to create a case against you. At this time, you need a skilled Miami criminal defense attorney on your side to develop an excellent defense strategy and fight for your rights.

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