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Drug Possession with Intent to Sell Versus Possession Charges

Drug Possession with Intent to Sell Versus Possession Charges

An appeal from the Fourth District Court of Appeals, for Palm Beach County, Florida demonstrates why; the argument of “personal use of drugs” ought to be made and argued by criminal defense lawyers in Palm Beach County Courtrooms when their clients face serious drug crimes.  Whether the accused is charged with cocaine, marijuana, heroin, methamphetamine or any other illegal drug listed under Fl. Stat. Sec. 893.13, the defense of ‘personal use” is available and worthy to be made during their jury trial. On Appeal, the defendant, Angelia Harris, argued she was denied due process in her conviction for possession of cocaine with intent to sell within 1,000 feet of a park. The defendant argued the trial court prevented her from arguing, at her jury trial, in front of Lucy Chernow… […]

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Florida’s Laws on Using Electronic Communication to Threaten Bodily Injury or Death

Florida’s Laws on Using Electronic Communication to Threaten Bodily Injury or Death

In Florida it is unlawful for a person to write another person through an electronic communication, like an e-mail, text message or Facebook post, a threat to kill or do bodily harm to them or their family.  Under Florida General Statute 836.10 titled “Written threats to kill or to do bodily injury” the law simply states: “Any person who writes or composes and also sends or procures the sending of any letter, inscribed communication, or electronic communication, whether such letter or communication be signed or anonymous, to any person, containing a threat to kill or to do bodily injury to the person to whom such letter or communication is sent, or a threat to kill or do bodily injury to any member of the family of the person to whom… […]

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Responding to a Reckless Driving Arrest in Palm Beach County

Responding to a Reckless Driving Arrest in Palm Beach County

Reckless driving arrests in Palm Beach County, FL are on the uptick. Recent data from the Palm Beach County Clerk of Courts shows a rise in law enforcement officers ticketing drivers throughout Palm Beach County, FL for driving reckless. Things you must know about reckless driving and why you need a lawyer. First, reckless driving is a criminal offense. If you are facing a reckless driving charge you must take it very seriously as the law simply reads: “Upon a first conviction, by imprisonment for a period of not more than 90 days.” Second, if the reckless driver causes “damage to the property or person of another” the driver in fact commits a misdemeanor of the first degree, punishable by up to one (1) year in the county jail. Third,… […]

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Facing DUI Charges in Palm Beach County

Facing DUI Charges in Palm Beach County

Driving under the influence or DUI in Palm Beach County, FL does not just mean that the driver was consuming alcoholic beverages and operating a motor vehicle while their normal faculties were impaired. Driving under the influence in Palm Beach County, FL also includes consumption of prescription drugs that impair a driver’s normal faculties whether or not those prescription drugs have been lawfully prescribed by a physician or unlawfully received and consumed by the impaired driver. Florida law is clear on this issue of DUI of prescription drugs and it states: “Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to a… […]

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Destroying evidence like cellphone and computer photos is not a crime in Florida?

Destroying evidence like cellphone and computer photos is not a crime in Florida?

A recent 4th District Court of Appeals decision has long reaching tentacles into what is considered and isn’t considered tampering with evidence under Florida Law section 918.13.  In Costanzo v. Florida, at 4 D13-3344, appellant Costanzo was a detective at the Broward Sheriff’s Office. Following a jury trial, he was convicted of evidence tampering under section 918.13, Florida Statutes (2013). On appeal, the 4th District Court of Appeals reversed the jury’s decision to convict the Broward County detective, and throw out his conviction. The facts leading to Detective Costanzo’s arrest and conviction stem from him deleting a video from his work cellular phone, which contained a suspect’s statements about an unrelated crime committed by two of Costanzo’s police buddies, Koepke and Dodge. After Detective Costanzo received the video, he texted… […]

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The Art of Sentencing in Florida

As a practicing criminal defense attorney, clients contact me on a regular basis to discuss the possible outcome of their criminal case. More often than not, during conversations with the client, they will inevitable ask whether they should plead guilty or go to trial? The client always has the right in deciding whether to plead guilty or proceed to trial. But this decision by the client as to whether or not to proceed to trial must be made after full advice given by their criminal defense lawyer, as to all the possible circumstances, laws and knowledge of the judge’s sentencing propensities. Does this judge sentence within or outside the guidelines is a very important matter to discuss? What type of criminal sanctions may this judge impose on the criminal defendant… […]

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What does Conviction mean under Florida Statute prohibiting Felons and delinquents; from possession of firearms, ammunition, or electric weapons or devices?

Under Florida Law it is unlawful for a person to own, possess or have in his or her custody, care or control, a firearm, ammunition, or electrical weapon or device if he or she has been convicted of a felony in the State of Florida; has committed a delinquent act in Florida that would be considered a felony if committed by an adult and the person is under the age of 24 years old at the time of the act; convicted of a Felony against the United States; has committed a delinquent act in another State that would be considered a felony in Florida if committed by an adult and the person is under the age of 24 years old at the time of the act; found guilty of an… […]

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Allegations of Domestic Battery

According 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… […]

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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… […]

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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… […]

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