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Prosecution of Flakka Possession Charges in Florida

Prosecution of Flakka Possession Charges in FloridaSouth Florida has again become the pinnacle for the harms associated with a new designer drug on the market named Flakka. The local newspapers and local nightly television news stations, throughout South Florida, are providing story after story about bizarre behavior of individuals associated with the use of Flakka. Flakka is a second generation bath salt. Flakka is reportedly more addictive then Meth or Crack cocaine. Flakka is a synthetic drug, being produced predominately in China and then shipped to the United States through nationally recognized shipping companies. Flakka can be inhaled, injected, smoked and even dissolved in a liquid and consumed orally. The drug Flakka has been duped the $5.00 insanity drug. The cheap cost of the drug, as low as $5.00 a hit, allows all walks of society to purchase it and the instability of the user’s mind that the drug produces after consummation has given it the […]
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Collateral Crime Evidence in Florida Criminal Cases

Collateral Crime Evidence in Florida Criminal CasesFlorida Rules of Criminal Procedure, like the Federal Rules, allow for the introduction of collateral crime evidence against the defendant at trial; “when it is relevant to prove a material fact at issue, including but not limited to prove motive, intent, preparation, plan, knowledge, identity or absence mistake or accident, but it is inadmissible when the evidence is relevant solely to prove bad character or propensity.” Fla. Stat. 90.404(2) (a). The criminal cases that practicing criminal trial lawyers find this issue of collateral crimes most often popping up is in child sex crimes and violent crimes. The general rule of collateral crimes has been modified in Florida, when the defendant is charged with a crime involving child molestation. In criminal cases of child molestation, “prosecutor may set forth evidence of other crimes, wrongs, or acts of child molestation to the jury for their consideration on any matter which it is […]
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Witness and Police Testimony in Florida Sex Crime Cases

Witness and Police Testimony in Florida Sex Crime CasesIn Florida, a person can be convicted of Lewd or Lascivious molestation for just “touching” a person under the age of 16 if done so on the person’s breasts, genitals, buttocks or the clothing covering them. As a matter of fact, a crime occurs in Florida under the Lewd or Lascivious molestation Statute, section 800.04(5) (a), when a person “intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator.”  Florida Statute 800.04 allows for a conviction without any “penetration” by the accused, as the statute in question allows for the crime of Lewd or Lascivious molestation to occur while the victim is fully clothed. But under the Lewd and Lascivious molestation Statute in Florida, an […]
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Palm Beach County Animal Care and Control’s Animal Cruelty Investigations

Palm Beach County Animal Care and Control’s Animal Cruelty InvestigationsAs a practicing criminal defense lawyer and one who has built a reputation in animal law, I am writing this blog as a public announcement, as to behavior that I find very objectionable, regarding Palm Beach County Animal Care and Control. The mission of any Animal Care and Control Facility is to assure the public that unwanted domestic animals will be properly maintained during sheltering or re-homing, that the citizens of their locale will provide proof of rabies vaccinations to protect the public as a whole from the virus and to provide the public with the daunting task of euthanasia for those who cannot afford to use a private licensed veterinarian. As a matter of fact their slogan is “protecting the health, safety and welfare of animals and residents.” But recently their actions speak a different slogan for poor individuals, families and others who have used their facility for animal […]
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DCF Involvement in Florida Criminal Cases

DCF Involvement in Florida Criminal CasesAs a criminal defense attorney, and also a family/criminal defense attorney who helps people with DCF cases, I many times find criminal cases intertwined with issues that involve intervention by the Department of Children and Families. DCF involvement in criminal cases is at an alarming rate, here in Florida. Alleged criminal activity of the defendant that has no nexus with his or her children many times become the target of DCF. Criminal defendants who have been arrested on drug related crimes, domestic battery accusations or find themselves facing incarceration often times also have a DCF matter to contend with. Florida law is clear on the termination of parental rights: “Termination of parental rights by the state requires clear and convincing evidence of: (1) a statutory ground for termination set forth in section 39.806, Florida Statutes; (2) that termination is in the manifest best interest of the child pursuant to section 39.810; […]
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Criminal Prosecution and the Palm Beach County Mental Health Court

Criminal Prosecution and the Palm Beach County Mental Health CourtAs a criminal defense lawyer, I am faced with questions, concerns and problems that affect those with mental illness on a routine basis. Individuals facing criminal prosecution for allegedly committing unlawfully acts, find themselves in a very stressful time period, those defendants that suffers from mental illness and are facing criminal prosecution can have setbacks that are life threatening because of the stressful period they are now enduring. When those inflicted by mental illness are arrested, many times their mental illness magnifies and exacerbates the situation, so that working with them as a lawyer can be challenging, not because of their illness, but because trying to explain the Florida laws to them and many times their family seems “unrealistic” in their mind. The repeated words of the mentally ill and their family often times are but “he or she is already suffering enough;” or “he or she cannot be prosecuted […]
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Fugitive Warrants and Invocation of Rights in Florida

Fugitive Warrants and Invocation of Rights in FloridaA daily feature in the Palm Beach Post is a link of those individuals wanted for arrest by local, state and federal law enforcement authorities throughout Palm Beach County, FL. The wanted fugitives all have one thing in common; they all have an arrest warrant issued for them. The fugitives of justice are wanted for crimes that range from murder to grand theft. The photos of the wanted individuals are plastered on the local newspaper website palmbeachpost.com/news/crime/fugitives with additional information about what crime they are wanted for, where they were last known to live, their height, weight, and all other pedigree information is provided about the wanted person. If you or a loved one is listed on the Palm Beach Post website or in the local newspaper under the “Wanted Fugitives in Palm Beach County” or crime stoppers you need to contact a Palm Beach County Criminal Defense Lawyer, before […]
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Evidence in Florida DUI Crashes Causing Bodily Injury or Death

Evidence in Florida DUI Crashes Causing Bodily Injury or DeathAs a criminal defense attorney, I am always asked about what types of evidence can be put forward by the accused to show he or she was not the driver of a vehicle involved in a DUI crash causing serious bodily injury or death were the prosecution is alleging that alcohol or illegal drugs played a part in the crime. In other words, the accused DUI driver wants to put forth competent and substantial evidence that he or she was not in control of the motor vehicle at the time of the DUI crash that caused serious bodily injury or death. I am always reminded of my science background on these issues and the term DNA or deoxyribonucleic acid immediately comes to mind for consideration of an affirmative defense. In today’s modern age of automobile safety, almost every automobile on the road has an airbag system that if properly working […]
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When Judges Become the Helping Hand of the Prosecutor

When Judges Become the Helping Hand of the ProsecutorAgain, bad judges who stray from their role as neutral arbiter and become the helping hand of the prosecutor are exposed in Ronnie Williams v. State, 4D12- 3723. Ronnie Williams was a Broward County resident, where law enforcement officers have a standing order from many store and market owners to issue trespass warnings to people loitering on the property. Williams was outside of a market, when a detective approached Williams to trespass him off of the market property. It stead of just trespassing Williams off of the property, the detective also stopped Williams and pat him down for “weapons.” During the “pat down” the detective testified that a container “fell” from William’s pocket and at that time, William’s took a swing at the detective and ran. During the chase, the Detective also testified that another container fell from William’s pocket as he ran away from the law enforcement officer. The […]
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The Right To Defend Yourself Under Florida Law

The Right To Defend Yourself Under Florida LawThe Right to Defend Oneself does not come from Laws passed in a Capital Building. The Right to Defend Oneself comes from Nature. Natural Law provides every living thing, especially human beings, the most intelligent living organisms with the Natural Right to defend themselves with force; including deadly and non-deadly force, when in danger. When Judges in Florida subscribe themselves to the thinking that the right to defend oneself comes from Man, and not Natural Law, their thought process runs amuck with the societal norms that America has held, since its establishment. This was recently the case in Cunningham v. State, an appeal from Broward County, FL in which Judge Usan was again overturned by the 4th District Court of Appeals for not providing a fair trial to a criminal defendant, who was using a firearm in defense of himself. Michael Cunningham challenged his conviction and sentence for aggravated assault […]
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