<?xml version="1.0" encoding="utf-8"?>
<feed xmlns="http://www.w3.org/2005/Atom">
    <title>Florida Criminal Defense Lawyer Blog</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/" />
    <link rel="self" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/atom.xml" />
   <id>tag:,2008:/75</id>
    <link rel="service.post" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75" title="Florida Criminal Defense Lawyer Blog" />
    <updated>2008-04-11T19:40:55Z</updated>
    
    <generator uri="http://www.sixapart.com/movabletype/">Movable Type 3.33</generator>
 
<entry>
    <title>New Criminal Law, Fourth Amendment Violation?</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2008/04/new_criminal_law_fourth_amendment_violation.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=13676" title="New Criminal Law, Fourth Amendment Violation?" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2008://75.13676</id>
    
    <published>2008-04-11T14:53:46Z</published>
    <updated>2008-04-11T19:40:55Z</updated>
    
    <summary>Imagine several armed law enforcement officers bang on your door in the middle of the night demanding to search the contents of your home computer. Over your vehement objections, they storm in and go through all of your personal data,...</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Articles of Interest" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p>Imagine several armed law enforcement officers bang on your door in the middle of the night demanding to search the contents of your home computer.  Over your vehement objections, they storm in and go through all of your personal data, including all e-mails and financial information.  Further imagine that they return several hours later and search it again.  Then they come back in a week and do the same thing.  Sounds like a communist country right?  This couldn’t be the U.S.  Well it is, and it could happen soon in Indiana, unless Steve Morris can do something to stop it.  	<img alt="15819614_240X180.jpg" src="http://www.floridacriminaldefenselawyerblog.com/15819614_240X180.jpg" width="240" height="180"align=left /></p>

<p>   Steve Morris, along with the ACLU, is suing every single prosecutor and sheriff in the state of Indiana because he believes a new law that takes effect in July aimed at “protecting children” should be thrown out.  The law that he finds unconstitutional is one that would allow law enforcement to search his computer at any time.  You see, Steve Morris is a sex offender.  He was convicted of child molestation more then a decade ago.  The law would also require that Morris, and all sex offenders, install a device on their computer which would permit law enforcement to monitor their usage.  The device must be paid for by the sex offender.  Morris and his attorney think it’s a clear violation of the Fourth Amendment.   </p>]]>
        <![CDATA[<p>In general, a law that protects children from <a href="http://www.eiglarshlaw.com/lawyer-attorney-1118064.html">sexual offenders </a>is a good thing.  There are many problems that I see with the way this Indiana statute is worded.  <a href="http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2008&session=1&request=getBill&docno=258)">(Click Here for the Indiana Statute) </a>  One of the most significant concerns I have is that defendants who have finished serving their sentences years ago will now be subjected to this police action.  What next?  Will the Mothers Against Drunk Drivers cause legislation to be passed requiring anyone who has ever been convicted of <a href="http://www.eiglarshlaw.com/lawyer-attorney-1118060.html">DUI</a> to install, at their own expense, an interlock device on their vehicle?  How about the guy who had a conviction 20 years ago for possessing a joint?  Will he now be required to undergo random urinalysis?  Sounds crazy, however, it could happen.  This law, if upheld as constitutional, could be the stepping stone needed to get them there.  </p>

<p><br />
</p>]]>
    </content>
</entry>
<entry>
    <title>CONVICTED MURDERER DEMANDS SEX CHANGE OPERATION</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2008/04/convicted_murderer_demands_sex_change_operation.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=13162" title="CONVICTED MURDERER DEMANDS SEX CHANGE OPERATION" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2008://75.13162</id>
    
    <published>2008-04-02T20:23:39Z</published>
    <updated>2008-04-02T20:33:00Z</updated>
    
    <summary>In 1990, Robert Kosilek was convicted in a Boston courtroom for murdering his wife. Now serving a life sentence, Kosilek, who in 1993 legally changed his name to Michelle, claims that he&apos;s a &quot;woman trapped inside a man&apos;s body.&quot; As...</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Articles of Interest" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p>In 1990, Robert Kosilek was convicted in a Boston courtroom for murdering his wife.  Now serving a life sentence, Kosilek, who in 1993 legally changed his name to Michelle, claims that he's a "woman trapped inside a man's body."  As a result, Kosilek has been battling the Department of Corrections to pay for a sex-change surgery.  <img alt="10121-20.jpg" src="http://www.floridacriminaldefenselawyerblog.com/10121-20.jpg" width="266" height="169" /></p>

<p>Kosilek first sued the Department of Correction in 2000, saying its refusal to allow her to have sex-change surgery violates the Eighth Amendment protection against cruel and unusual punishment. She said her body is becoming more masculine.  In response to the law suit, U.S. District Judge Mark Wolf ruled in 2002 that Kosilek was entitled to treatment for gender identity disorder - including hormone treatments, laser hair removal and psychotherapy -- but stopped short of ordering sex-reassignment surgery. <br />
</p>]]>
        <![CDATA[<p>In 2005 Kosilek sued again arguing that the treatments were not enough to relieve her anxiety and depression.  The trial lasted on and off from May 2006 until March 2007, with expert testimony from 10 doctors, psychiatrists and psychotherapists. An Associated Press review last year found that the corrections department and its outside health care provider had spent more than $52,000 on experts to testify about the surgery, which would cost about $20,000. </p>

<p>My very strong feelings on this issue were revealed recently on a CNN appearance. Please click <a href="http://www.cnn.com/video/#/video/bestoftv/2008/02/27/pn.killers.sex.change.cnn">here  </a> to view the video</p>]]>
    </content>
</entry>
<entry>
    <title>KEEP YOUR MOUTH SHUT</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2008/02/keep_your_mouth_shut.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=9156" title="KEEP YOUR MOUTH SHUT" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2008://75.9156</id>
    
    <published>2008-02-04T20:43:58Z</published>
    <updated>2008-02-04T21:31:44Z</updated>
    
    <summary>Van Der Sloot confesses to key role involvement in the disappearance of Natalee Holloway.</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Breaking News" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p><img alt="a20051812174816.jpg" src="http://www.floridacriminaldefenselawyerblog.com/a20051812174816.jpg" width="208" height="138"align=middle /><br />
I've been saying for more than a decade now, "The fish who kept his mouth shut never got caught."  Apparently, Joran Van der Sloot didn't learn that lesson.  Van der Sloot is one of the suspects who is alleged to have played a key role in Natalee Holloway's disappearance from an Aruba beach back in 2005.  ABC has obtained a "taped video confession" of Van der Sloot confessing to his friend that he was with Holloway when she died. He Should have remembered his good ole <a href="http://www.eiglarshlaw.com/lawyer-attorney-1113204.html">Miranda Rights</a>.  He explains on the videotape that Holloway was drunk and that she began shaking and slumped down on the beach as they were kissing. If you haven't already done so, please view the video below.  </p>

<p><object width="425" height="355"><param name="movie" value="http://www.youtube.com/v/JmNyRMUYCNo&rel=1"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/JmNyRMUYCNo&rel=1" type="application/x-shockwave-flash" wmode="transparent" width="425" height="355"></embed></object></p>]]>
        <![CDATA[<p>While he denies murdering her, he allegedly confesses that he called his friend "Daury" who volunteered his boat to help dump the body at sea.  Most damaging is that Van der Sloot couldn't say for sure whether he dumped a lifeless body into the sea or whether she was simply unconscious and/or in a coma.<br />
    Van der Sloot's defense is that he lied in the secretly taped video and just said what his buddy wanted to hear.  Regardless of his true motives for spewing those remarks, he should have kept his mouth shut. </p>]]>
    </content>
</entry>
<entry>
    <title>Judge’s Sentence A Blow To The Government</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2008/01/judges_sentence_a_blow_to_the.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=8693" title="Judge’s Sentence A Blow To The Government" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2008://75.8693</id>
    
    <published>2008-01-24T19:19:01Z</published>
    <updated>2008-01-24T19:37:06Z</updated>
    
    <summary>Suspected terrorist, Jose Padilla sentenced in Federal Court. </summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Breaking News" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p><img alt="padilla2.jpg" src="http://www.floridacriminaldefenselawyerblog.com/padilla2.jpg" width="326" height="258"align=right/> And now conclusive proof that judges don’t always automatically do whatever government prosecutors ask of them.  U.S. District Judge Marcia Cooke rejected the government’s passionate request that Jose Padilla and two other fellas who were convicted of terrorism charges be sentenced to life.  Cooke sentenced Padilla to 17 years and four months in prison after jurors found that he participated in a South Florida based conspiracy to assist Muslims in “violent Jihad.”  Cooke rejected the government’s argument that Padilla’s actions were comparable to the Oklahoma City bombing and/or the September 11th ,  terrorist attacks.  Cooke stated, ''There was never a plot to harm individuals in the United States, '' Also, Cooke found that ``There was never a plot to overthrow the U.S. government.'' </p>

<p>What is most significant to me is that Padilla was facing 30 years to life under the <a href="http://www.eiglarshlaw.com/lawyer-attorney-1113202.html">Federal Sentencing Guidelines</a>.  Judge Cooke had the courage, in today’s conservative climate, to exercise her discretion and to punish Padilla as she deemed appropriate.  A rare act in today’s justice system.  <br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>A Video Doesn&apos;t Lie</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2007/10/a_video_doesnt_lie.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=5966" title="A Video Doesn't Lie" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2007://75.5966</id>
    
    <published>2007-10-29T14:54:28Z</published>
    <updated>2007-10-31T15:10:01Z</updated>
    
    <summary>Local 10 reporter arrested by school police at Miami Central High, Jeff Weinsier, WPLG, Mark Eiglarsh</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Breaking News" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p><img alt="weinsier%20arrest.jpg" src="http://www.floridacriminaldefenselawyerblog.com/weinsier%20arrest.jpg" width="240" height="180"align=right /><br />
There's a lot of misconception concerning the arrest of my client Jeff Weinsier, a "problem solver" reporter for ABC affiliate WPLG.  Instead of telling you what really happened, why don't you simply see for yourself and make your own decision.  You can view the piece that ran on <a href="http://www.local10.com/video/14417233/index.html">the local10</a> and also view the <a href="http://www.local10.com/video/14413746/index.html">unedited raw footage.</a></p>

<p>Let me know you're thoughts.<br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>Proper Discipline vs. Child Abuse</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2007/10/proper_discipline_vs_child_abuse.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=5965" title="Proper Discipline vs. Child Abuse" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2007://75.5965</id>
    
    <published>2007-10-26T13:30:29Z</published>
    <updated>2007-10-31T14:54:15Z</updated>
    
    <summary>corporal punishment, child abuse, discipline, Loscar Rodriguez, Mark Eiglarsh, Father jailed for using a belt</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Articles of Interest" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p> <img alt="loscar.jpg" src="http://www.floridacriminaldefenselawyerblog.com/loscar.jpg" width="320" height="240" "align=right"/><br />
I've made my feelings about this case very public.  First, I feel privileged that I'm able to represent Loscar in this matter.  From my many hours with him, I am convinced that he loves his son deeply and never intended to harm him in any way.  Loscar disciplined his son the way that he believed was appropriate and necessary under the circumstances.  The <a href="http://www.miamiherald.com/news/miami_dade/story/280911.html">Miami Herald article </a>published following Loscar's press conference discusses that. </p>

<p>The problem is that the <a href="http://www.eiglarshlaw.com/lawyer-attorney-1118064.html">laws</a> in this area are vague and subject to interpretation.  One prosecutor can look at a set of facts and conclude that a crime was committed while another may believe that the actions were good parenting.  </p>]]>
        <![CDATA[<p>Additionally, whether someone is branded a criminal may hinge upon random factors like whether the child bruises easily.  The bottom line is that prosecutors need to get the word out as to what constitute abuse and what is acceptable punishment.</p>

<p>Please view the interview on <a href="http://cbs4.com/video/?id=42657@wfor.dayport.com">CBS4 with Elliot Rodriguez </a>and let me know your thoughts on the case.</p>

<p>   <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Give back Porn?  </title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2007/09/give_back_porn.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=4879" title="Give back Porn?  " />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2007://75.4879</id>
    
    <published>2007-09-25T16:58:10Z</published>
    <updated>2007-10-31T15:19:11Z</updated>
    
    <summary>convicted sex offender wants porn back, Erica Hill, Primetime on CNN, Mark Eiglarsh, sex offender, pornography collection</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p>The following <a href="http://www.cnn.com/HLN/">CNN</a> appearance that I did recently features a discussion concerning whether a convicted <a href="http://www.eiglarshlaw.com/lawyer-attorney-1118064.html">sex offender </a>should get back his pornography after serving a prison sentence.  I think you'll enjoy this one.  </p>

<p> <a href="http://www.cnn.com/video/#/video/us/2007/09/05/legal.roundup.porn.CNN">Mark Eiglarsh's recent CNN interview with Erica Hill</a></p>

<p> </p>

<p></p>

<p></p>

<p> <br />
</p>]]>
        
    </content>
</entry>
<entry>
    <title>ARREST OF UF STUDENT WAS SHOCKING</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2007/09/arrest_of_uf_student_was_shock.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=4854" title="ARREST OF UF STUDENT WAS SHOCKING" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2007://75.4854</id>
    
    <published>2007-09-19T19:23:08Z</published>
    <updated>2007-09-24T19:33:38Z</updated>
    
    <summary>21 year old UF student Andrew Meyer was arrested for resisting an officer and disturbing the peace </summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p>Shocking...get it?  As you've probably heard, 21 year old UF student Andrew Meyer was arrested for resisting an officer and <a href="http://www.eiglarshlaw.com/lawyer-attorney-1113206.html">disturbing the peace </a>and then tasered yesterday (Monday) during a question and answer session with U.S. Senator John Kerry.  If you haven't seen the full video of the encounter, I encourage you to Watch the following video and let me know what you think.  Also, visit Andrew Meyer's web site to gain some greater insight into what this guy is all about.  http://www.theandrewmeyer.com/</p>

<p><object width="425" height="350"><param name="movie" value="http://www.youtube.com/v/iqAVvlyVbag"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/iqAVvlyVbag" type="application/x-shockwave-flash" wmode="transparent" width="425" height="350"></embed></object></p>

<p> <br />
</p>]]>
        <![CDATA[<p>I strongly believe that this student got what he deserved.  While I'm a staunch supporter of the 1st Amendment, I believe that there are limits.  In addressing John Kerry, he spoke for over two minutes and he wasn't done.  He exceeded the time limits placed on those asking questions.  How he behaved when law enforcement attempted to apprehend him was grossly inappropriate.  Court is the place to litigate whether an arrest was justified or not.  Arguing with the police at the scene and resisting their lawful commands is not the way to go.  In fact, as Meyer learned, it will invariably lead to further problems both legally, emotionally and physically.<br />
 <br />
That being said, I still passionately believe that citizens should be afforded wide latitude in expressing themselves.  I also believe that law enforcement should reach for their taser guns only as a last resort. <br />
 <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Setting Aside Senator Craig&apos;s Guilty Plea</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2007/09/setting_aside_senator_craigs_g.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=4737" title="Setting Aside Senator Craig's Guilty Plea" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2007://75.4737</id>
    
    <published>2007-09-18T15:15:15Z</published>
    <updated>2007-09-19T15:38:53Z</updated>
    
    <summary>Senator Larry Craig is claiming that he only pleaded guilty to a reduced charge of “disorderly conduct” because he “panicked.”</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Articles of Interest" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p>It’s not going to happen, plain and simple.  If it was so easy to <a href="http://www.eiglarshlaw.com/lawyer-attorney-1113211.html">set aside a guilty plea</a>, then the Criminal Justice System would shut down.  One can’t simply call a “do over” because the crappy consequences of their plea causes them regret.<br />
	<br />
Senator Larry Craig is claiming that he only pleaded guilty to a reduced charge of “<a href="http://www.eiglarshlaw.com/lawyer-attorney-1112546.html">disorderly conduct” </a>because he “panicked.”  Furthermore, he argues that he is a not a lawyer and consequently, he didn’t understand the “intricacies of constitutional law.”  Craig’s lawyers also allege that the evidence is insufficient to support the guilty plea. <br />
	<br />
</p>]]>
        <![CDATA[<p>Craig is going to have to prove “manifest injustice” that “shocks the conscience.”  That’s just not going to happen. Craig had several weeks to think about what he wanted to do before entering the plea.  His acceptance of responsibility was calculated, and not something done under pressure.  The record will also reveal that Craig, like most defendants who plead guilty in criminal court, knew that his guilty plea would end his case.  He knew there would be no trial, no opportunity to testify, no right to call witnesses etc.  </p>

<p>I’ve represented a number of defendants who, unlike Craig, could successfully prove that they didn’t freely, voluntarily and knowingly give up their rights when pleading guilty.  The facts of those cases differ greatly with those that Craig has to work with.  Bottom line, get used to the outcome Craig.  It’s yours to keep. <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Arrested and Jailed For Over Salting a Burger!</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2007/09/arrested_and_jailed_for_over_s.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=4735" title="Arrested and Jailed For Over Salting a Burger!" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2007://75.4735</id>
    
    <published>2007-09-17T14:55:27Z</published>
    <updated>2007-09-19T15:08:31Z</updated>
    
    <summary>Police sent samples of the burger to the state crime lab for tests.</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Articles of Interest" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p>A Union City Georgia McDonald’s employee was forced to spend the night in jail and is facing further time behind bars for serving a patron an over salted hamburger.  The accused, 20 year old Kendra Bull, was charged with <a href="http://www.eiglarshlaw.com/index.html">misdemeanor reckless conduct</a>.  Unfortunately for Bull, the patron was a police officer who alleged the burger made him sick.  Bull accidentally spilled salt on the hamburger meat and then tried to “thump the salt off.”  </p>

<p>On her break, Bull actually ate one of the burgers from the salty batch.  She stated to the media, “It didn’t make me sick.”  Bull further stated to the media, “If it was too salty, why did (Adams, the cop) not take one bite and throw it away?”  <br />
</p>]]>
        <![CDATA[<p>Bull has worked for the McDonalds for five months.  She claims that she had no idea that the patron was a cop when he placed his order because she couldn’t see the drive-through window from her work area. </p>

<p>Here’s the part that makes me go, “Are you kidding me?”  Police sent samples of the burger to the state crime lab for tests.  I’m glad that I’m not a taxpayer in Georgia.</p>

<p>When recently <a href="http://www.eiglarshlaw.com/lawyer-attorney-1113882.html">commenting on this story on CNN</a>, I called upon the prosecutors to immediately step up and right a wrong.  They need to run to the courthouse and drop this criminal charge against Bull.  This was not a willful and wanton disregard of human life.  She ate the same salty meat that “Officer Friendly” ate.  The cop/”victim” abused his position solely because he had a “beef” with this woman because he didn’t get a “happy meal.”  The only thing that could be more bizarre about this case would be if the officer had charged her with <a href="http://www.eiglarshlaw.com/lawyer-attorney-1118067.html">“assault</a>.”  (“a-salt”)  Seriously, these types of cases shouldn’t happen.  They undermine our Criminal Justice System.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Miami&apos;s Own O.J. Held Without Bail On Serious Felony Charges</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2007/09/miamis_own_oj_held_without_bai_1.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=4734" title="Miami's Own O.J. Held Without Bail On Serious Felony Charges" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2007://75.4734</id>
    
    <published>2007-09-17T14:26:10Z</published>
    <updated>2007-09-19T15:11:02Z</updated>
    
    <summary>Will he finally be convicted? O.J. is now facing decades in prison if convicted of any of the serious offenses for which he is charged.</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Breaking News" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p>Maybe he should have just kept driving when chased in his white Ford Bronco.  That way, perhaps we would have avoided the latest O.J. controversy.  Unfortunately, Miami’s very own, O.J. Simpson finds himself at the center of yet another criminal case.  This time, he’s accused of barging into a Las Vegas casino hotel room Thursday and taking a number of items that he believed were his.  O.J. allegedly brought with him four friends, some armed with guns, in what Simpson has described as a self organized sting operation.  O.J. is now facing decades in prison if convicted of any of the serious offenses for which he is charged:  two counts each of <a href="http://www.eiglarshlaw.com/lawyer-attorney-1118067.html">robbery and assault with a deadly weapon,</a> <a href="http://www.eiglarshlaw.com/lawyer-attorney-1118060.html">conspiracy to commit robbery</a>, and burglary with a deadly weapon. </p>

<p>No doubt, it will be O.J.’s initial comments to the media that will be highlighted in his pending case.  <a href="http://www.eiglarshlaw.com/lawyer-attorney-1113212.html">There’s a reason why I instruct my clients to keep their mouths shut</a>.  O.J., apparently thinks he knows better.  Now he’s locked into whatever he spewed to reporters prior to his arrest. </p>]]>
        <![CDATA[<p>While typically a defendant’s prior contact with the Criminal Justice System would be kept from jurors, this case is certainly different.  Potential jurors who don’t have moss growing on their bodies after living under a rock for the past 13 years already know of O.J.’s numerous challenges with law enforcement.  Furthermore, O.J. will most likely make his court history a centerpiece of the trial arguing that he was forced to conduct his own “sting” because law enforcement treated him poorly over the years by failing to assist him on numerous occasions.</p>

<p>Will he finally be convicted?  Right now, it’s too close to call.  We’re going to need to hear more about what specific evidence they have.  For example, O.J. allegedly left a voicemail message for one of the co-conspirator’s instructing him to tell police that there were no guns used.  That statement alone could be enough to corroborate the victim’s testimony and undermine O.J.’s credibility in this case.  This one will certainly be interesting!<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Jail And Sex Offender Registration For Boys Who Slap Rears?</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2007/07/boys_face_trial_over_slapping.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=3633" title="Jail And Sex Offender Registration For Boys Who Slap Rears?" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2007://75.3633</id>
    
    <published>2007-07-25T13:14:50Z</published>
    <updated>2007-09-24T19:01:23Z</updated>
    
    <summary>The boys, both thirteen, are charged with ten misdemeanor charges of sexual abuse and harassment...</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Articles of Interest" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p>The nightmare isn’t over for two Oregon middle-school students in Oregon who, after spending five days in a juvenile detention center, are still facing additional jail time for their actions.  Their crime?  Smacking the girls on their rear ends.  </p>

<p>The boys, both thirteen, are charged with ten misdemeanor charges of <a href="http://www.eiglarshlaw.com/lawyer-attorney-1118064.html">sexual abuse and harassment,</a> subjecting them to possibly having to register as sexual offenders if convicted.  They also face up to one year in jail for each count.  One of kids told the media in a telephone interview that hitting the girls on their butts was a common way that they said hello to the other kids at school, like a secret handshake.  The parents of the boys concede that their son’s behavior was inappropriate, however, not criminal. <br />
</p>]]>
        <![CDATA[<p>The attorneys for the boys have rejected a plea bargain that would have avoided the sex offender registration.  Therefore, both boys face jail time and having to register for life as sex offenders. </p>

<p>Without question, I believe that the boy’s conduct was inappropriate.  However, what the prosecutors are doing to these boys is equally as inappropriate.  Even the threat of being forced to register as sex offenders is devastating for the kids.  More then ever, to be a registered sex offender is to be designated as the most despised in our community.  The boys would be irreparably harmed.</p>

<p>I’m seeing an increased trend towards criminalizing adolescent behavior.  Statistics show that juvenile arrests for this type of activity are going up drastically.  Enough is enough.  The folks making these decisions need to take a step back and seriously consider the ramifications of their actions on the child defendants.<br />
</p>]]>
    </content>
</entry>
<entry>
    <title>Watch What You Say While On Jury Duty</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2007/07/jury_duty_excuse_im_a_racist_h.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=3357" title="Watch What You Say While On Jury Duty" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2007://75.3357</id>
    
    <published>2007-07-10T16:24:10Z</published>
    <updated>2007-09-24T19:13:11Z</updated>
    
    <summary>Ellis, in order to get out of jury duty, claimed he was a habitual liar, a racist and a homophobe.</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Articles of Interest" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p>Judge Gary Nickerson told potential juror Daniel Ellis, from Cape Cod, that, "In 32 years of service in courtrooms, as a prosecutor, as a defense attorney and now as a judge, I have quite frankly never confronted such a brazen situation of an individual attempting to avoid juror service."</p>

<p>Ellis, in order to get out of jury duty, claimed he was a habitual liar, a racist and a homophobe.  Here’s what the transcript of the exchange revealed: </p>

<p>"You say on your form that you're not a fan of homosexuals," Nickerson said.</p>

<p>"That I'm a racist," Ellis interrupted.</p>

<p>"I'm frequently found to be a liar, too. I can't really help it," Ellis added.</p>

<p>"I'm sorry?" Nickerson said.</p>

<p>"I said I'm frequently found to be a liar," Ellis replied.</p>

<p>"So, are you lying to me now?" Nickerson asked.</p>

<p>"Well, I don't know. I might be," was the response.</p>

<p>Ellis then admitted he really didn't want to serve on a jury.</p>

<p>"I have the distinct impression that you're intentionally trying to avoid jury service," Nickerson said.</p>

<p>"That's true," Ellis answered.<br />
</p>]]>
        <![CDATA[<p>The judge ordered Ellis to jail.  He was released later that day.  The prosecutor’s office is now investigating him for perjury and other charges.</p>

<p>The lesson here is obvious.  Just like when you’re going through customs, be careful what flows from your lips.  Stupidity and/or bad humor may get you locked up.  Had Mr. Ellis simply stated, “Your honor, based on my life experiences, I don’t believe that I can be a fair and impartial juror,” he would have been released without spending time in the pokey.  <br />
</p>]]>
    </content>
</entry>
<entry>
    <title>DUI Because of a Hangover?</title>
    <link rel="alternate" type="text/html" href="http://www.floridacriminaldefenselawyerblog.com/2007/06/court_adds_hangovers_to_reason.html" />
    <link rel="service.edit" type="application/atom+xml" href="http://www.floridacriminaldefenselawyerblog.com/cgi-bin/mt-atom.cgi/weblog/blog_id=75/entry_id=3237" title="DUI Because of a Hangover?" />
    <id>tag:www.floridacriminaldefenselawyerblog.com,2007://75.3237</id>
    
    <published>2007-06-29T18:43:24Z</published>
    <updated>2007-09-24T19:20:06Z</updated>
    
    <summary>Imagine being busted for drunk driving because you had a hangover.</summary>
    <author>
        <name>Mark Eiglarsh</name>
        <uri>http://www.eiglarshlaw.com/</uri>
    </author>
            <category term="Articles of Interest" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.floridacriminaldefenselawyerblog.com/">
        <![CDATA[<p>Imagine being busted for drunk driving because you had a hangover.  It can happen.  It’s already the law in New Jersey.  Recently, a Jersey state appeals court ruled that a person can be considered legally impaired because of a hangover whether it’s from drinking alcohol, taking cocaine or other substances.  </p>

<p>In the decision, the court upheld a conviction for a driver, who had taken cocaine prior to driving, but was no longer active in his system.  The court still found that the cocaine was the “proximate cause of his impaired behavior.”  One of the judges wrote: "While the defendant was not 'high,' he was physically impaired. As a result of ingesting cocaine, defendant's condition was such that his normal physical coordination was impaired so as to render him a danger to others on the highway." The bottom line is that drivers who are hung over from cocaine (or alcohol or any other substance) may be considered impaired or <a href="http://www.eiglarshlaw.com/lawyer-attorney-1118060.html">DUI </a>even when the drug is no longer in their systems.<br />
</p>]]>
        <![CDATA[<p>I’m very concerned about this ruling.  As powerful as MADD is, I am certain that the holding will become <a href="http://www.eiglarshlaw.com/lawyer-attorney-1113208.html">DUI law </a>in many more states around the U.S. in no time.  The problem is that the line will become grey.  We’re going to have arrests for people who aren’t high while driving, but may be tired and hung over from previous use.  The same analysis will be used to justify arrests from an alcohol hangover.  </p>

<p>Soon, you won’t just worry about the dry mouth, upset stomach, vicious headaches and body aches that accompany a hangover.  You’ll also need to worry about loosing your liberty.<br />
</p>]]>
    </content>
</entry>

</feed> 

