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Inside Florida’s Department of Children and Families (DCF)

Inside Florida’s Department of Children and Families (DCF)The Department of Children and Families (DCF) is an agency in Florida with multi functions. Under Florida Statute the Department of Children and Family provides that its local offices, like the West Palm Beach DCF Office, shall provide services relating to: (1) adult protection; (2) child care regulation; (3) child welfare; (4) domestic violence; (5) economic self-sufficiency; (6) homelessness; (7) mental health; (8) refugees; (9) substance abuse.  While DCF might sound like a nice cutesy agency looking out for the citizens of Florida, think again. The Department of Children and Families has a horrible track record in their placement of children with foster families, government agencies and orphanages throughout their history. This placement of children occurs after DCF plucks them from good, decent Families throughout Palm Beach County, and places them outside their home. With all medical providers like Doctors, Nurses, and clinics throughout Palm Beach County, Florida well aware […]
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Allegations of Domestic Battery

Allegations of Domestic BatteryAccording to the Palm Beach Post, Attorney William Abramson, 47, faces domestic battery charges, in Palm Beach County, FL.  Mr. Abramson allegedly struck and pushed his girlfriend against her will, while calling her a “two bit whore.” The Palm Beach Post reported that the woman was taken to a local hospital for treatment, but the extent of her injuries are unknown at this time. Mr. Abramson, as many of you may remember, is a lawyer by trade and is responsible for defeating Judge Richard Wennet in the 2010 Circuit Court Judicial election. That 2010 Circuit Court election was won by Attorney William Abramson by 61 votes. In one of the most bizarre elections Palm Beach County ever has ever witnessed, even though Abramson won the judgeship, he was never seated on the bench. The Florida Bar stripped William Abramson of his law license for a period of more than 91 […]
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The State Of Florida and Local Municipalities Are Contracting Away Floridian’s Constitutional Rights!

The State Of Florida and Local Municipalities Are Contracting Away Floridian’s Constitutional Rights!The State of Florida along with local Municipalities are contracting away many of Floridian’s valuable rights with big business. Local municipalities are giving away our rights to big business for the mighty dollar that is promised through fines, court costs and surcharges, when those fees are levied on Florida’s Drivers for “Red-Light” photo violations. In Palm Beach County, Florida “red-light” camera infractions are No More! The Fourth District Court of Appeals just held that Red Light Camera violations are unconstitutional as the local municipalities throughout Palm Beach County, Florida like West Palm Beach; Lake Worth, Delray Beach, Boynton Beach, Boca Raton, Jupiter, North Palm Beach, Royal Palm Beach and all others are not authorized under the Florida Constitution to delegate its police power’s to Private Vendors! See City of Hollywood v. Arem, 4D12-1312, 2014 WL 514915, at *1 (1st DCA Oct. 15, 2014). The Appellate court went on to say, […]
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Constitutional Battle Between the First and Fourteenth Amendments

Constitutional Battle Between the First and Fourteenth AmendmentsWhat Constitutional Right prevails, when the First Amendment of the United States Constitution and the Fourteenth Amendment of the United States Constitution collide? This question was recently answered by the Florida Appellate courts in Long v. State, -So.3d- , 2014 WL 5462459 Fla. App. 1st DCA 2014. Long was convicted of two counts of lewd and lascivious molestation and one count of sexual battery, by a person in familial or custodial authority. Long argued on appeal that because the trial judge allowed, over Long’s objection, burly men wearing jackets embroidered with “Bikers Against Child Abuse;” a freedom of expression guaranteed under the First Amendment, to be present near the courtroom and therefore in the presence of jurors, prior to the commencement of his trial, violated his Fourteenth Amendment Right to a fair trial and the due process of law. Long argued on appeal that his Fourteenth Amendment Right to a […]
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Stand Your Ground Expanded In Florida

Stand Your Ground Expanded In FloridaStand your ground takes another step up, as the Appellate court holds that a Floridian has no duty to retreat under Stand Your Ground Laws. Whether or not the shooter was engaged in unlawful activity at time of the shooting, does not matter, wherein Stand Your Ground law contains no requirement that the person claiming protection under the statute not be engaged in “unlawful activity.” This body of law arose out of the opinion of State of Florida v. John Dorsey, — So.3d —-, 2014 WL 4996171 (4th DCA Fla2014); a Palm Beach County Case, where trial Judge Charles Burton unlawfully charged the jury, thereby taking away the rights of Mr. Dorsey guaranteed to him by the Second Amendment of the United States Constitution, Article I, Section 8, of the Florida Constitution and the Florida Legislatures, when the Judge refused to give a jury instruction on Stand Your Ground. In […]
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I Have a Warrant in Palm Beach County, Florida what should I do?

I Have a Warrant in Palm Beach County, Florida what should I do?In the criminal justice system, a warrant for your arrest can be caused by several different factors. The leading factor for why a warrant appears for your arrest in Palm Beach County, Florida is that you missed a scheduled court date which is called an FTA or failure to appear. Failure to appear is the leading cause of all warrants being issued in Palm Beach County, FL. Missing a court date will likely have the judge issue a warrant or a capias for your arrest. Many times after being arrested for a criminal traffic citation, like dui or for a misdemeanor crime, like possession of marijuana, a “notice to appear” or an “NTA” will be provided to you. The “NTA” is an informal arrest that provides you with a court date, location and the allegation for which you were arrested. In most cases, you are made to sign for the […]
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Thermal Imaging by Palm Beach County Sheriff’s Helicopters to Bust Suspected Marijuana Grow Houses on the Rise

Thermal Imaging by Palm Beach County Sheriff’s Helicopters to Bust Suspected Marijuana Grow Houses on the RiseAs a practicing Palm Beach County Criminal lawyer, I have the opportunity to read search warrant affidavits on a regular basis. Recently, some affidavits that I have read, show an increase use of thermal imaging, by the Palm Beach County Sheriff’s helicopters, to detect suspected marijuana grow houses. The use of the Palm Beach County Sheriff’s helicopter can view the home through a thermal imager, a passive, non-intrusive device that measures heat in the infrared range. A thermal imager detects minute differences in temperature on the surface of objects and displays that information visually. The deputy sheriff can then determine though their training and expertise, whether or not the residency is emitting an inordinate amount of heat through its roof, floors or walls; with this information they can conclude that it is consistent with an indoor growing operation. As most growers and law enforcement officers known, growing marijuana under a […]
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Willful Blindness, What is It?

Willful Blindness, What is It?Many times a day throughout Florida, law enforcement officers stop a vehicle for no apparent reason, let alone for violating the traffic laws of this state, and end up searching the vehicle because the officer smelt “burning marijuana.” The search of the vehicle will end up yielding illegal narcotics, drugs, a weapon, or some other form of contraband and inevitably the driver of the vehicle will be handcuffed and taken to jail. Many times the driver will sit down with their criminal defense lawyer and say, “the drugs were not mine.” “I did not even know there were drugs in the car.” What the criminal defendant is actually saying is a valid defense in Florida; it is the defense of not having “knowledge and possession” which are the two key elements or ingredients that the prosecutor must prove to show the driver’s guilt. The Florida courts have always reasoned that […]
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Arrests in Palm Beach County for Prostitution

Arrests in Palm Beach County for ProstitutionIn Florida, the crime of prostitution is punishable by a Misdemeanor and up to a Felony. Florida General Statute 796.07 defines Prostitution and its related applicable terms as follows: (a) “Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses. (b) “Lewdness” means any indecent or obscene act. (c) “Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement. (d) “Sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes. Further, in Florida, it is unlawful to own a place of […]
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Florida DCF Investigations into the Exploitation of the Elderly

Florida DCF Investigations into the Exploitation of the ElderlyIn Florida, especially in South and Central Florida, the elderly have a dense population throughout our communities. We often read in the local paper or watch the nightly news with astonishment, when the coverage is about a story regarding an elderly person being swindled out of money, real property like a home or being duped out of home improvements, by an unscrupulous repair man or company. Florida General Statute 825.103, specifically articulates the legislature’s intent in attempting to keep the elderly safe from different forms of exploitation. In Florida,  a person is guilty of the exploitation of an elderly person or disabled adult when: (1) that person either stands in a position of trust and confidence, or has a business relationship, with the elderly person or disabled adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, an elderly person’s or disabled adult’s funds, […]
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