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Tag Archives: florida

Florida’s Stand Your Ground Law Could Be Strengthened

The ‘Stand Your Ground Law’ is a very controversial law that has come into the spotlight in recent years. In many states, the law allows people to stand their ground and use deadly force as a means of self protection. The Stand Your Ground Law In Florida Florida was the first state in America to pass a stand-your-ground law 12 years ago and since, 34 other states have followed in their tracks. Currently, the stand-your-ground law in Florida states that residents are allowed to use force as a method of self-defense if they feel as though their lives are in danger. Defendants can opt for immunity under the current law as long as there is evidence present. The state of Florida has just passed measures that would bolster the law, taking… […]

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Cellphone Site Location Details as Evidence in Florida Criminal Cases

Recently, a Federal Appellate Court for the 11th Circuit, the same Circuit which presides over the Districts of Florida, made a very important ruling as to the issue of whether “cell site location information” is protected by the Fourth Amendment of the United States Constitution that guarantees against warrant-less searches. The story of this criminal case is played out every day throughout Florida courtrooms. The Prosecutor, through the use of a detective from the Sheriff’s Office, Florida Department of Law Enforcement or local police agency obtains the cellphone number of a criminal defendant. The detective then requests, without a warrant, the tracking locations of the cellphone tower records. The cellphone provider, usually Metro PCS or another throw away cellphone company with no contract and pay per minute plans, gladly hands… […]

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Animal Law Conference Next Tuesday

Animal law is evolving rapidly and the changes can be seen throughout the nation. The laws in South Florida changed to make the laws that protect animals much stricter, specifically the tethering laws. These new laws have seen a spike in animal cruelty arrests in the area, and the laws are only continuing to change. Animal Law Conference A live audio conference will be held on November 15 at 1:00 pm ET for a full hour and 30 minutes discussing the field of animal law. The conference is hosted by Lorman Educations Services and will discuss issues like litigation, legislation, and corporate/transactional work. It is important to understand how much animal law is changing and developing throughout the country and this conference can serve as a comprehensive introduction to the… […]

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Corruption in the Florida Judiciary

Corruption that is rampant in the Florida Judiciary is no more apparent than in the case of Judge Ana I. Gardiner of Broward County, Florida. This former Judge, Ana I. Gardiner, has been recently disbarred by the Florida Supreme Court but the questions linger as to how deep her corruption has cut into the Broward County court system. Particularly the questions linger as to the sentences, rulings, determinations of facts, orders signed and all her overall actions while on the bench presiding over men and women who were facing criminal prosecutions in front of this twisted woman. Former Judge, Ana I. Gardiner of Broward County, Florida has illuminated the reasons why the judiciary system is broken-human nature has frailty. But these frailties possessed by this evil Judge are not only… […]

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What is Florida’s Stop and Frisk Law?

In Florida, many drivers, pedestrians, and other occupants of Florida’s roadways and common areas are stopped by Law Enforcement Officers. What Florida laws prevail, when a police officer or law enforcement official stop a citizen of Florida whether driving an automobile, whether walking, or on any other common area of the State of Florida? The law that prevails is the Stop and Frisk law. The Stop and Frisk law of Florida has its history from the strict meaning of the 4th Amendment of the US Constitution, which Florida’s Constitutional principles laminate. The strict meaning of the 4th Amendment only allows Law Enforcement Officials to seize a person if there is probable cause to arrest the individual for a criminal act. This principle of law, that a citizen could only be… […]

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Florida Trend Shows Misuse of Contempt Charges

In Florida, trial judges use “contempt” proceedings when they feel aggrieved. The contempt proceeding, when used by wayward judges, shocks the conscience of the local bar association, the local citizens, and even the local judiciary as a whole. Bad judges are everywhere, but certain areas in Florida seem to tolerate more egregious judges than other areas of the state. While a broad brush should not be used to paint certain areas of the state to show the “bad” judges; it is fair to say that certain counties, mostly the smaller sized ones, have more pathetic jurist than others. Take, for instance, a judge in Indian River County, who recently placed a child in custody for simply answering a question. In A.W. (child) v. State of Florida, Indian River County Circuit… […]

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Colorado School Shootings. Do New Gun Laws Make A Difference?

Colorado School Shootings. Do New Gun Laws Make A Difference?

Another school shooting shocked the country during the last month of 2013. An 18-year-old student wounded a fellow student before killing himself at Denver high school. According to the authorities, he entered the building carrying a shotgun, a machete and three incendiary devices in his backpack and had ammunition strapped to his body. The sheriff said at a news conference that the teenager bought the pump-action shotgun legally on Dec. 6 at a local store. Anyone over 18 is allowed to buy a shotgun in Colorado; only those over 21 can legally buy a handgun. Why Sheriffs in Colorado Refuse To Enforce New Gun Control Laws? After mass shootings in Aurora, Colo., and Newtown, Connecticut, the new gun laws went into effect this year and dictate background checks for private… […]

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Crystal Meth Penalties in Florida

Crystal Meth Penalties in Florida

South Florida needs to brace itself for what is coming ashore and being driven into the State of Florida from the Western United States, Crystal Meth. Crystal Meth or Meth is the short term for Crystal Methamphetamine. Meth can be injected, snorted or smoked.  The high or rush from Meth is very strong and provides the user, reportedly after only one use, with a life time of addiction. Users have reported that the high begins simultaneously with the use of the illegal drug and can last as long as 24 hours.  Meth users have reported that the drug provides a sense of energy or hyperactivity that is caused by stimulating the brain and central nervous system by causing dopamine levels in the brain to uncontrollable rise. The rise of dopamine… […]

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Marijuana State Laws and Milestones

Marijuana State Laws and Milestones

Twenty-one states and the District of Columbia now have laws legalizing marijuana in some form. So far, only Colorado and Washington state have legalized marijuana for recreational use, while other states permit medical marijuana. A limited medical marijuana law most recently went into effect Oct. 1 in Maryland, allowing authorized academic medical centers and research centers to distribute it. However, patients are not expected to be able to sign up for the program until 2015. Illinois legalized medical marijuana with a law establishing a pilot program set to be implemented in January. The map linked in the source shows states permitting marijuana use for medical and recreational purposes. Information below is current as of October 2013 and includes ballot measures approved in the 2012 elections that have yet to take… […]

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Crimes Punishable By Death Penalty

The death penalty in the United States is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving the death of the victim, only two people were on death row for a non-murder offense (Patrick Kennedy and Richard Davis in Louisiana) when the U.S. Supreme Court addressed this issue in 2008. No one has been executed for such a crime since the death penalty was re-instated in 1976. In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was “grossly disproportionate” and an “excessive punishment,” and hence was unconstitutional under the Eighth Amendment. The Court looked at the relatively few states that allowed the death… […]

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