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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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Your Right to a Fair Trial in Palm Beach County

Your Right to a Fair Trial in Palm Beach CountyAs a criminal trial lawyer, I am always fighting to assure that my clients receive a fair trial.  Fair trials are guaranteed by the U.S. Constitution, but the criminal defense attorney makes the words in the Constitution come alive. One area of concern; to ensure a fair trial for those facing criminal charges, is the right of the criminal defendant to confront those who accuse them of criminal acts. The right of the defendant to face their accuser is born out of the 6th Amendment of the U.S. Constitution. The 6th Amendment “Confrontation Clause” specifically states: “In all criminal proceedings, the accused shall enjoy the right to be confronted with the witnesses against him.” The “Confrontation Clause,” contains very important rights that allow a criminal defendant to have those who are accusing them of crime to: be present at trial through the subpoena power; be made to testify at trial […]
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Undercover Prostitution Stings in South Florida

Undercover Prostitution Stings in South FloridaLaw enforcement officials in South Florida are increasing their efforts to put “Johns” behind bars with their anti-prostitution campaigns.  In Palm Beach County, FL undercover Palm Beach County Sheriff Deputies are walking South Dixie Highway, in the area of Lake-Worth, FL to apprehend individuals who are looking to pay for sex. In South Miami, FL the Dade County Sheriff’s Office is using reverse stings to catch individuals trying to solicit prostitutes from internet websites like Backpage.com and Craigslist.com. Sources close to the prostitution sting being conducted by the Palm Beach County Sheriff’s Office in Lake-Worth, FL indicate that undercover female officers walking South Dixie Highway, posing as working girls, have netted well over 30 arrest per day of would be Johns. The South Miami operation is also netting tens of arrest per day as individuals are login onto popular computer websites looking to score an “escort.” These website surfing Johns […]
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Petit Theft or Larceny Charges in Florida

Petit Theft or Larceny Charges in FloridaPetit theft or larceny in Florida occurs when a person: (1) knowingly obtaining or using, or endeavoring to obtain or use; (2) the property of another; (3) with intent to either temporarily or permanently deprive the other person of a right to the property or a benefit from the property; (4) with the value of the property being $300.00 or less. F.S.A. § 812.014(1) (a), (3) (a). See also J.B. v. State, No. 4D12-1156, 2014 WL 837006 (Fla. Dist. Ct. App. Mar. 5, 2014). Basically, Petit theft or larceny occurs when someone takes the property of another without the permission of that person with the value being $300.00 or less. In Florida, petit theft occurs mostly in the form of shop lifting from box stores. Box stores are those locations like Wal-Mart, Target, Publix Shopping Center, CVS and Walgreens Pharmacies, and many of the large stores within the malls and […]
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Prosecutorial Misconduct in the Florida Criminal Justice System

Prosecutorial Misconduct in the Florida Criminal Justice SystemWhen will the Florida courts sanction Assistant State Attorneys, as oppose to writing opinions that allow them to scorm out of making improper arguments, during their prosecutions of criminal trials? The prosecutor’s role in Florida is to fairly administer justice. Their role is not to act improperly to sustain convictions! This role has become blurred and the appellate courts have allowed prosecutors who make improper arguments to juries, during criminal trials, to weasel their way out of sanctions at the detriment of the entire criminal justice system. Take for instance the case of Wimberly v. State. Wimberly was convicted of attempted second degree murder with a firearm in Broward County, FL. During Wimberly’s trial the prosecutor made an improper appeal to racial prejudice. The Assistant State Attorney elicited testimony that Wimberly was also known as “Dread.” Further, the prosecutor had a witness testify that she heard the shooter say, “yeah […]
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Florida Gun Laws explained in Norman v. State

Florida Gun Laws explained in Norman v. StateThe 4th District Court of Appeals just answered the following issue regarding firearms in Florida: Whether or not Florida’s Constitution allows an individual the right to keep and bear arms; which includes the ability to openly carry a gun outside the home for self-defense without the need for a permit? The Appellate Court reasoned that a Florida citizen does not have a right to openly carry a firearm outside the home for self-defense without a permit. Understanding the Right to keep and Bear Arms under Florida law must first begin with the Florida Constitution, which differs greatly from the United States Constitutional Right to Bear Arms. The Florida Constitution states: “The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.” The Florida […]
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Hit and Run Penalties After The Aaron Cohen Life Protection Act

Hit and Run Penalties After The Aaron Cohen Life Protection ActRecently making news in Palm Beach County, FL has been the increase in “hit and run” news stories. Because of the increase in hit and run cases throughout Palm Beach County, FL; the Florida Department of Highway Patrol is pushing a new campaign to educate drivers on the seriousness of hit and run criminal cases. Florida Highway Patrol has announced, in many local news conferences, that the new law regarding hit and run drivers, carries new stiffer sentences. As a matter of fact, if a hit and run driver kills someone in a crash and is later found guilty or pleads guilty to the hit and run causing death, the hit and run driver now faces a minimum mandatory prison sentence of four (4) years behind bars.  Florida’s new law regarding leaving the scene of an accident under Fl. Gen. Stat. 316.027 named “The Aaron Cohen Life Protection Act” has […]
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Honey Oil Manufacturing Arrests in Florida

Honey Oil Manufacturing Arrests in FloridaSouth Florida law enforcement officers have been very busy, along with South Florida firefighting departments, because of “honey oil” production. Honey oil or butane honey oil “BHO” is a concentrated improvised form of Hash Oil. Hash oil, including honey oil, is derived from marijuana, also known as cannabis. Honey oil is a concentrated form of tetrahydrocannadin “THC” or the active ingredient found in marijuana. THC is the active ingredient in marijuana that provides the user with the “high” after consumption. Honey oil production is a specific type of hash oil that is produced through the use of Butane. Butane is a very flammable and explosive ingredient used in honey oil production. Butane is being suspected by many Law Enforcement Officers as the cause of many recent fires and explosions throughout South Florida communities. Honey oil production uses butane, when the oil maker fills the “extractor tube,” typically a 1’ long […]
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4th Amendment Violations And Your Rights

4th Amendment Violations And Your RightsThe United States Supreme Court Has Now Allowed 4th Amendment Violations to occur because Law Enforcement Officers are Ignorant of the Law. If you do not believe that the government, including the U.S. Supreme Court, is at odds with your freedoms protected by the U.S. Constitution, then just read Heien v. North Carolina, 135 S. Ct. 530, (December 15, 2014). For the first time in the history of American Jurisprudence, the United States Supreme Court has authorized law enforcement officers to stop you in your vehicle, interrogate you, search you and arrest you because the police officers are “dumb!” The 4th Amendment of the United States Constitution has been reduced to ignorance of the law, through the recent Heien holding. The facts of Heien in a nutshell are: Sgt. Matt Darisse was employed with the Surry County Sheriff’s Department, North Carolina.  As all police officers do, the deputy sheriff began […]
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Receiving a Subpoena from the SEC

Receiving a Subpoena from the SECAs a Federal Criminal Defense Lawyer, located in West Palm Beach, FL; I am asked to review facts regarding white collar crimes on a regular basis. South Florida is froth with White Collar criminals, like Bernie Madoff and Scott Rothstein, as all remember when both of their criminal cases made worldwide news. But what about innocent individuals, who find themselves in trouble because of dumb mistakes regarding business associates or business partnerships. Should we treat those people the same under the law? The answer to the question is NO! Federal laws do treat different wrongs, with different punishments. Recently, the Law Office of Andrew D. Stine has been representing individuals involved with a financial scam labeled JCS Enterprises Services, Inc. (“JCS”), T.B.T.I. Inc. (“TBTI”), and My Gee Bo, Inc. (“Gee Bo”). This scam originates in the United States District Court For The Southern District of Florida. On April 7, 2014, […]
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