A Breathalyzer test was said to have been administered which indicated a blood alcohol level of 0.183 percent. The legal limit in Florida is 0.08. Thereafter, the driver was immediately arrested on charges of drunk driving. Understandably, a DUI conviction is a very serious offense that can have long-term effects and penalties even for first time offenders can be severe.
]]> People often wonder what they should do if they are stopped for DUI. In preparing a defense, evidence collection information may be vital. In some cases, the police may not have performed the traffic stop or the tests properly and these are issues that may be relevant in any related criminal proceedings. As with any other criminal allegation in Florida, an accused person is deemed innocent of all charges unless and until proved guilty and is further entitled to all of the legal protections that are extend to everyone similarly situated.Source: TBO.com, "Former Bay News 9 anchor Jen Holloway faces DUI charge," May 15, 2012
]]>Under Florida felony murder law, an individual can be charged with murder if at the time a felony is being committed, an accomplice, or any other individual, is killed. Subsequently, since the 32-year-old Florida man's accomplice in the burglary was killed, the Florida man was charged with murder.
]]> The man pleaded guilty to the charges of murder. However, by a stroke of good fortune, the man's charges were dropped to manslaughter and he received a lesser sentencing of 15 years in prison.Each individual in Florida, and elsewhere across the United States, is innocent until proven guilty. However, sometimes people do fall victim to poor choices and they are guilty of a felony. This does not mean the end of the world. In many situations, a more favorable outcome is still absolutely possible. With a strong criminal defense, an individual, such as this 32-year-old man can see a reduction of charges.
Making a poor decision does not need to mean a life time behind bars. With a proper defense, a guilty party can still obtain a favorable outcome.
Source: The Miami Herald, "Man gets 15 years for accomplice's death," Associated Press, May 4, 2012
]]>One woman's tongue stud is a prime example of this. The woman was pulled over in the early hours of the morning for suspected drunk driving. The woman submitted to a field sobriety test and later submitted to a Breathalyzer. The legal limit is .08, and this woman registered a .21, more than double the legal limit. New Jersey, where this woman is from, law requires that individuals submitting to a Breathalyzer not house any foreign objects in their mouth at the time of administration.
]]> As such, the woman's attorney argued that the results should be thrown out because she had a tongue stud in at the time of collection. The judge decided to not consider the Breathalyzer results. Although the woman was still found guilty, she could have faced much more severe consequences has those results been considered.Instead of facing the mandatory $300 fine, a seven month license suspension and court costs, the woman was punished with the minimum fine of just over $250 and a lesser three month license suspension. Although this case occurred in New Jersey, it reminds Florida residents that they need to be extremely cautious in questioning all evidence presented against them and the exact manner in which said evidence was obtained. Questioning such things could result in outright acquittal or a reduced penalty.
Source: Mount Olive Chronicle, "Tongue stud helps woman reduce drunk driving charge in Mount Olive," Phil Garber, April 30, 2012
]]>California has a population nearly double that of Florida's but their transfer rate is an eighth that of Florida's. Even if a juvenile crime does not get transferred to adult court, youths still absolutely must remain cognizant of the fact that a juvenile conviction can have persisting consequences that can carry over into adulthood.
]]> Whether the charge is a sex crime or assault, drug crime or murder, the consequences can be severe. Defending a juvenile is often not the same as defending an adult. In some instances, a juvenile can seek to go through a treatment program rather than serve jail time.Whatever the crime, it is critical that a youth seek the appropriate representation that has experience in defending youths to prevent said juvenile from becoming another statistic that is transferred into adult court and could face damaging punishment.
Often, youths make poor decisions. Their brains and rationale are still developing and it is critical to remain sensitive to this fact. A youth that has implemented poor judgment still deserves the best shot at a bright future.
Source: Orlando Sentinel, "Transfers to adult court don't explain drop in youth crime," Jeffrey Butts, April 20, 2012
]]>While the legal repercussions for the pitcher have yet to be determined as he is set to appear in court on May 21, it does appear that there are definite social and professional consequences already manifesting themselves.
]]> The victim and his family say that they are angry the man in question was let into the community. Furthermore, the Executive Vice President for the Rays is quoted regarding the relief pitcher in question as saying that, "I think it's safe to say he's not going to play for us anymore."It appears that the relief pitcher has encountered alcohol problems in the past and as such is currently seeking support. In addition to seeking relief from these problems, the pitcher will likely be putting together some sort of defense for the actions that transpired. This defense should be cognizant of the fact that Florida DUI laws are not static and involve several technical issues.
Across all DUI cases it is important to analyze the entire process of DUI charges beginning with the arrest and evidence collection. Any error in this process could very well be the difference between jail time and a reduction of charges.
Source: 10 News, "Rays, victim's family speak out about Bush's DUI arrest," Libby Hendren, March 25, 2012
]]>Many Florida residents are likely now aware of the purported hazing death of a Marching 100 drum major four months ago on the campus of Florida A&M University. Hazing allegations can often fall under the category of criminal charges in the form of man slaughter or violent crimes and it may be running rampant on our campuses.
]]> FAMU is certainly cracking down and likely hoping that other Florida colleges will follow suit. The president of FAMU is quoted as saying, "FAMU is doing everything within its power to eradicate hazing from this campus." This eradication will likely mean more severe penalties and possible legal action for those accused or suspect of hazing crimes.Often college students may fail to remember that they are now liable for the consequences of their adult actions. If a student is charged with hazing, the allegations could go to court and even result in jail time -- particularly in light of recent student deaths and the subsequent crack down.
College students are warned to abstain from this type of behavior. If however, a student should find themselves in the midst of hazing and criminal allegations, they would do well to seek experienced legal counsel. An experienced attorney would be able to defend the student against such allegations
Source: WBDO.com, "FAMU puts in new rules in wake of hazing death," April 6, 2012
]]>The St. Petersburg man grew the pot for medicinal reasons, more specifically, as a treatment for his symptoms of multiple sclerosis. The man lead an otherwise law-abiding life.
]]> Reportedly, although the man could have likely settled a plea bargain for only probation, when he caught wind of what the authorities may have been illegally doing, the man wanted to reject his plea bargain and take the issue to court to make an example out of it. The defendant is quoted as saying, "We have to make sure that the people we employ for out protection acted appropriately. That's more important to me than what happens to me."Luckily for this man, that turned out to be unnecessary once the charges were dropped. It appears that this man's case was only one under scrutiny and the next few days could see additional dropped charges because of evidence that was gathered illegally. The man is reportedly very relieved to have his charges dropped.
It is crucial that when putting together an aggressive defense that the defendant be aware of all the circumstances of their case. One detail could mean the difference between dropped charges and severe consequences.
Source: Tampa Bay Times, "St. Petersburg marijuana grow house charges dropped; others may follow," Stephen Nohlgren, Mar. 21, 2012
]]>There is talk of limiting a punishment of life without parole for any offender younger than 15 years of age. To throw a person, at times a child, younger than 15 in prison for the remainder of their life has been argued by some to be a waste of that person's life.
]]> There has been a trend toward limiting the severity of juvenile sentences in recent years. In 2005 the juvenile death penalty was abolished, affecting 70 juveniles. More recently, in 2010 the court ruled that a juvenile sentence of life without parole for any crime other than killing was a direct violation of the Eight Amendment -- cruel and unusual punishment. This decision affected 130 juveniles convicted of crimes such as armed robbery, rape and kidnapping.It appears that the Supreme Court is looking to give juveniles convicted of crimes a chance at redemption. Because juveniles are not fully mature, it may be difficult to hold them to the same standards as adults. However, juvenile crimes can present severe and lasting consequences that can linger on into adulthood.
The juvenile system differs in many ways from the adult system. It is imperative that if a juvenile in the state of Florida or elsewhere is charged with a crime, that juvenile seek experienced representation that is knowledgeable in navigating the juvenile system.
Source: The New York Times, "Supreme Court Revisits Issue of Harsh Sentences for Juveniles," Adam Liptak, Mar. 20, 2021
]]>The Florida man was the last to have seen the son alive and has been convicted in the case. However, a judge has dropped the charges of first-degree murder in the conviction. The charges were dropped to manslaughter instead. Furthermore, the defendant was acquitted of the charges of kidnapping tied to the case.
]]> The judge also dismissed the charges that the defendant submitted threats to kill or do bodily harm. This dismissal came because the judge ruled this would constitute double jeopardy, meaning a defendant cannot be charged for the same crime twice.The conviction came upon finding evidence that was ruled to point to the defendant in the killing. The defendant was the last to see the presumed decedent alive. In addition, the prosecution presented evidence that a gun was found in the defendant's car along with records that showed the defendant used the decedent's phone to send ransom messages.
The Florida man received a sentence of 30 years in prison in the wake of his conviction of manslaughter and extortion. Had the man been convicted of all the charges he was initially facing, including first degree murder, his sentence may have been more severe, possibly resulting in additional time behind bars.
Source: McCreary County Record, "Holt sentenced to 30 years," Janie Slaven, Mar. 14, 2012
]]>When the officer was granted permission he quickly found in the glove compartment what is reportedly believed to be part of a crack pipe. That is a charge of possession with intent to use drug paraphernalia. Worse yet, in the trunk officers found a gym bag -- a gym bag with roughly an alleged kilo of cocaine. Not only is that a potential charge of possession of cocaine, but that is an amount large enough to be deemed possession with intent to deliver. The substance is currently at a state crime lab undergoing testing to confirm that it is in fact the illegal drug.
]]> What started as a traffic stop escalated into a situation with potentially much more severe consequences when the driver and Florida man permitted the officer to search their car. The Florida man is now set to appear before a judge under charges of possession to use drug paraphernalia, possession of cocaine, and possession with intent to deliver cocaine. The Florida man also admitted to snorting the illegal drug.If state crime lab tests confirm the substance is cocaine, the street value of the quantity would be somewhere in the ball park of $100,000 or more. It is crucial to remember that if an individual is in a compromising situation, that individual does have the right to remain silent.
Source: Trib Live, "Florida man held for court on drug charges," Judy Kroeger, Feb. 24, 2012
]]>According to the man's father, the man arrested told police that the gun was a toy when they pulled over the vehicle he was in, but he was arrested and will now be facing serious charges. These charges will need a rigorous criminal defense. It is likely he wasn't intending to harm anyone, however police and prosecutors might try to find evidence that the man posed a threat to the public.
]]> Police said that they found a gun matching the description when they searched the vehicle. These charges could have a negative impact on the young man's future. Although it may have been a toy gun, weapons charges often gain publicity in the media and this could harm the man's reputation.Someone who is facing weapons charges in Florida would be wise to speak with a criminal defense attorney. They will be able to advice the person of their rights and make sure they are treated fairly in the courts. It would be unfortunate for a toy gun incident, where no one was in danger, to jeopardize a person's future.
Source: BayNews9, "FHP says man, 19, brandished gun on I-275, dad says not so," Feb. 18, 2012
]]>The man is being held on $170,000 bail after police say the victim of the incident said they positively identified the man in a police lineup. The incident in August happened on 33rd Avenue where three or four men allegedly tried to rob a man in a car. The man says one of the robbers pulled out a handgun, and the victim exposed one of the masked robbers' faces during the incident. Reports say the man was then shot before the men fled.
]]> According to reports, the number of robbers involved in the crime isn't certain. This could indicate that the man's memory of the incident isn't clear, which could cast doubt on whether the man's identification from the police lineup was accurate. Because the incident involved a struggle, it is possible that some of the facts aren't accurate because of the fast nature of the incident. Given the severity of these accusations it is important that the person accused forms a solid criminal defense.A criminal defense attorney can help a person accused of attempted murder in St. Petersburg conduct their own investigation, and make sure that their rights have not been violated during the investigation by authorities. The can also help the accused determine what information they should provide to police and what they shouldn't say.
Source: Tampa Bay Times, "St. Pete police arrest man on attempted murder charge," Dan Sullivan, Feb. 10, 2012
]]>They allegedly found marijuana on the floor of the passenger seat where Kirkpatrick sat. He said he didn't realize that when his friend, who was driving the vehicle, stopped at a house that drugs were being bought. Now, prosecutors have said they will not pursue charges against Kirkpatrick. Police need to have solid evidence that the person involved in the case actually committed a crime.
]]> Upon, further investigation, it is likely that the prosecutors did not have evidence to convict, which is why the drug charges were dropped. Even though charges were not pursued, drug charges and accusations can still have a negative effect on a person's reputation, especially when that person is in the public eye.Since this man was a football player who is a likely National Football League draft pick, the publicity of his arrest quickly developed. Even though charges were dropped, new reports had already run, using police reports as the main source of information.
Police reports often only include the point of view of the police, not the person who is being accused of the crime. Since these reports often become public information, news outlets use them as their primary source, even though information in them can be one sided.
Source: ESPN.com, "Dre Kirkpatrick's pot charge dropped," Feb. 7, 2012
]]>Because of the intense security involved in air travel, the man was arrested immediately and taken into custody. According to news reports, the man cooperated with authorities the entire time, and was apologetic saying that he simply forgot the gun was in his bag.
]]> This case is extremely serious. Given the heightened security around the country, this case could gain a lot of media exposure, potentially ruining the man's reputation for a mistake. The fact that he was charged with a felony is another reason to take this case so serious. A felony usually comes with a longer time served in prison.If someone is facing felony charges, they would be wise to speak with a St. Petersburg criminal defense attorney. A criminal defense attorney can help a person in this situation gather evidence in their defense, and make sure that the person is treated fairly and with respect throughout the legal process. It would be wise to consult with an attorney before giving too much information to authorities. They will be able to advise you on what information you have to give to authorities and what questions you don't have to answer.
Source: Patch, "Indiana Man Arrested, Cited With Gun Charge at St. Petersburg-Clearwater Airport," Lee Diekemper, Jan. 26, 2012
]]>The teen is accused of impersonating staff at a regional medical center for two weeks. He will stand trial for those charges this spring, but now faces other charges for his recent arrest. His parents hope that the man will undergo psychiatric evaluation.
]]> Authorities say the young man was recently pulled over after asking an undercover cop why he wasn't wearing his seatbelt. This case should be handled with extreme caution, and sensitivity to the man's mental health.Because he is accused of crimes of impersonation, it might be possible that the teen can seek mental help in order to prevent situations like this from happening in the future. These charges are extremely serious, and could jeopardize the young man's future education and career decisions.
If health professionals can prove that the man has a condition that might be treatable with the help of mental health professionals, he might be able to use that to his defense against the charges. If you or someone you know faces weapons charges, it might be wise to speak with a Florida criminal defense attorney to formulate a solid defense. An attorney can help conduct an independent investigation and seek help for the person accused if it is believed their crime is the result of a mental condition.
Source: Reuters, "Accused teen impersonator nabbed acting as policeman," Barbara Liston, Jan. 20, 2012
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