Recent Blog Posts
South Florida Rapper Accused of Domestic Violence Against Wife and Infant Daughter
On reality television, people play a fictionalized version of themselves. It is easy to idealize or, conversely, to have a one-sided love-hate relationship with the cast members, because they seem like fictional characters. In fact, many former cast members of reality TV shows are relieved when the season ends and they can go back… Read More »
Palm Beach County Doctor Acquitted of Sexual Battery of Patient
Being under investigation for an alleged crime is no fun, but remember that, unless and until you plead guilty or a jury unanimously finds you guilty beyond a reasonable doubt, you cannot receive criminal penalties. Sometimes legal investigations go on for years, but the burden of proof is on the state even to file… Read More »
Charged With A Drug Crime?
Schedule I controlled substances are the most illegal of illegal drugs. They do not have any legally approved medical uses, and it is illegal to possess them under any circumstances. By contrast, the drugs on the other four schedules have at least one legally acknowledged medical application. In other words, what the drugs on… Read More »
Federal Target Letters
If you get a piece of correspondence from a court, it is natural to worry and to expect the worst. You do not want to get a letter from the court unless it is in the context of a current legal case that you initiated. For example, it is a relief when the court… Read More »
Do Defendants Testify at Their Own Criminal Trials?
You are probably not the only person you know who has ever been arrested. Statistically speaking, the chances are highest that the people you know who have been arrested either pleaded guilty and received plea deals, or else the court dismissed the case quickly. Most criminal cases do not go to trial, although every… Read More »
Floridian’s Guide to Quaaludes
Like so many once prevalent pharmaceutical drugs, methaqualone is now a Schedule I controlled substance. It was once popular with doctors to prescribe as a sleeping pill. The problem is that it was a little too popular with patients. If you think Ambien makes you behave out of character, you should see how the… Read More »
The Jury and Your Criminal Case
If you plead not guilty in a criminal case, the next step is to prepare for a jury trial. In criminal cases, it is the jury, not the judge, who decides whether you are innocent or guilty. The Seventh Amendment grants the right to a jury trial, and over time, federal and state laws… Read More »
Federal Agency Says It’s High Time Federal Law Rescheduled Cannabis
It is a piece of news that cannabis aficionados across the United States have been hoping to hear for a long time. Last month, the Department of Health and Human Services (HHS) sent a memo to the Drug Enforcement Administration (DEA), in which it recommended removing cannabis from the list of Schedule I controlled… Read More »
South Florida Physician Avoids Prison Time After Case Involving Sexual Assault Allegations
If you have never faced criminal charges, it may be hard to understand why the vast majority of defendants in criminal cases plead guilty. People do not wish to serve time in prison or on probation when the alternative is to simply go on with their lives as if the criminal case had never… Read More »
Financial Crimes in Florida Businesses
People who want to be seen as perfect angels tend to gravitate toward certain professions, and business is not one of them. A certain Machiavellian streak can be useful in entrepreneurship. Likewise, being able to sound like you are 100 percent sure of things that you cannot possibly predict is a talent of many… Read More »
What Not to Do at a Traffic Stop: Tales of Florida Man
Anger and fear are normal responses when a police officer pulls you over while you are driving and seems sure that you have drugs in your car, even though nothing about your driving behavior indicates that you are under the influence of drugs, and even though no drugs are visible in your car. Police… Read More »
All About Carfentanil, an Extremely Potent Synthetic Opioid
Clickbait is no longer a new tactic in sensational journalism, and people scroll right past headlines that include phrases like “jaw dropping” and “you won’t believe.” Fentanyl isn’t new, either, but it is scary enough that people will still click on headlines that include the phrase “scarier than fentanyl.” Fentanyl, a synthetic opioid about… Read More »
What Is the Ideal Speed for a Speedy Trial?
Some types of legal cases are faster than others. For example, most traffic court cases resolve in a single day. On the other end of the spectrum, inheritance disputes can drag out for years; Charles Dickens’ Bleak House, in which a probate case had been going on for decades, is a fictional example, of… Read More »
All About Arraignments
Only a small fraction of arrests lead to a criminal trial, but many more of them get as far as the arraignment. An arraignment is the first hearing in a criminal case. It typically occurs about three days after the arrest. At the arraignment, the court formally notifies the defendant of the charges, and… Read More »
Two New Changes to Florida Cannabis Laws
Floridians know more about citrus than people in most parts of the world do. We know a Clementine from a tangelo and a grapefruit from a pomelo, and to the surprise of everyone, we have been known to wolf down kumquats in a single bite, peel and all. Despite our superior knowledge and impeccable… Read More »
Depositions in Domestic Violence Cases
When witnesses testify at trial in movies, the witness testimony often reveals surprising plot twists. In real life, it is still suspenseful for a defendant when a witness takes the stand at a criminal trial, even though the defendant already knows what the witness is going to say. What the defendant cannot predict is… Read More »
Wiretapping and Interception of Communications
Secret recording of conversations is a well-known tactic in criminal investigations, especially in cases involving conspiracy. In some cases, prosecutors will greatly reduce the charges against defendants or even grant them complete immunity from prosecution if the defendant will agree to wear a recording device and secretly record his or her conversations with conspirators. … Read More »
When Is Breach of Fiduciary Duty a Crime?
In many criminal cases, the person who accuses the defendant and claims to have suffered physical injury or financial losses because of the defendant’s actions is someone that the defendant knows. Consider that, in many cases involving sexual assault and illegal sexual contact, defendants have known the victims and their families for a long… Read More »
Florida Criminalizes Eight Synthetic Opioids
Opioids are not new, and neither is opioid abuse and addiction. Despite this, the opioid drugs most prevalent in the illegal drug supply change frequently, due to the availability and cost of these drugs and to new drugs being synthesized and sold legally or illegally. In the early 2010s, legal but poorly regulated pain… Read More »
The Sixth Amendment And Criminal Trials
Protecting people from excessive and unwarranted punishment and criminal prosecution is one of the foundations of a just society. The United States Constitution and the Bill of Rights, which are the first ten amendments to the Constitution, deal in various places with safeguards that protect people accused or suspected of crimes from unjust and… Read More »
