Articles Tagged with Fort Lauderdale criminal defense lawyer

prison-300x199A committee of Florida state senators has approved a bill to decrease the states’ prison population by enabling judges to move away from mandatory minimum sentences for drug offenses at the low level. Known as SB 346, the bill has already cleared two of its three committee hurdles without receiving one vote of no.

A Florida Senator and former prosecutor told committees that the removal of offenders from state prison would save money and result in a boost to public safety. He cited an audit of the judicial circuits in Florida that found offenders placed under ‘community supervision’ rather than jail tended to be less frequently rearrested.

SB 346 would reduce the penalty for possession of fewer than two grams of most controlled substances to a single year. In most cases, it permits a judge to refrain from mandatory minimum prison sentences and fines for other drug offenses.

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After last year’s shooting at Marjory Stoneman Douglas High School in Parkland, Florida instituted the “red flag” law. This law allows authorities to remove weapons from individuals that may be a danger to themselves or others or may use them to commit a crime. However, police must convince a judge that such an action is warranted. If a judge agrees, the individual must surrender the weapons or give them to someone that can possess them legally. Florida is one of just fifteen states to have such a law.

A 33-year-old man has now been charged with being the first person in Florida to break the law after he refused to surrender his weapons following a 2018 incident where he allegedly fired shots at a vehicle during an argument. The man’s attorney argued unsuccessfully that the new law was not fully understood.

To read more about the case, visit https://www.sun-sentinel.com/news/crime/fl-ne-rpo-defiance-trial-20191206-ejkq5e6vwvbnpki4spp3jm7psy-story.html.

jamie-street-UtrE5DcgEyg-unsplash-300x225A new federal law aimed at banning animal cruelty acts is now in effect. Known as the Preventing Animal Cruelty and Torture Act (PACT), President Donald Trump signed the law last week. With this new law, acts such as impaling, burning, drowning, suffocating, or causing animals any serious bodily harm are prohibited. Offenders may receive as much as seven years in prison.

With the signing of PACT, a 2010 law loophole is closed which prohibited creating and distributing animal crushing videos but failed to make the cruelty acts in these videos illegal. The videos often involve individuals killing, mutilating, or torturing defenseless small animals and were shared over the Internet.

Should you wish to read more about the animal cruelty law and how it made its way to being signed, read the Sun-Sentinel article at the following link: https://www.sun-sentinel.com/news/politics/fl-ne-federal-law-now-bans-animal-cruelty-20191202-zftrlvfcvbabhdknr5kcdmorqm-story.html.

guns-300x200The United States Attorney General recently proposed a new initiative aimed at better enforcing the U.S. gun background check system, coordinating state and federal gun prosecutions, and ensuring that prosecutors review records rapidly to demonstrate when a defendant is unable to own a weapon due to issues with their mental health.

Called Project Guardian, the program will allow prosecutors to coordinate with law enforcement officials on a local and state level to evaluate possible federal charges should a suspect be arrested for possessing weapons, if there is a belief a gun was used to commit a violent crime or drug trafficking offense, or if the suspect is believed to be a member of a violent gang.

The program allows alcohol, tobacco, and firearm office agents across the country to either create new procedures or update existing protocols to bring federal charges against individuals attempting to get a gun from a firearms dealer by lying. Prosecutors will concentrate in particular on criminals with violent histories, who are members of the gang, or who have faced charges of domestic violence. Furthermore, United States attorney’s offices would also need to promptly enter details into government databases regarding individuals who are unable to possess guns due to reasons of mental health.

mj-300x199Lawmakers in Florida are working hard to keep pace with Florida’s constantly changing cannabis and hemp industries landscape. As lawmakers build the foundation for a vote on adult use next year (commonly known as recreational marijuana), some recently proposed bills may result in forbidding recreational marijuana, while others would focus on a less strict approach to drug sentencing.

Among these bills is SB 670, banning marijuana smoking in state parks. Miami Beach already took a stance on this by prohibiting marijuana smoking in public, including parks and beaches. A Florida lawmaker is now seeking to expand on this law and extend it to the entire state. SB 670 would ban all types of smoking as well as vaping within state parks. Should the bill become law, it would go into effect in summer 2020.

Another bill known as HB 399 would reduce minimum sentences for crimes involving marijuana. The House bill would permit judges to deviate from Florida’s minimum sentencing standards for crimes involving marijuana sales and trafficking. Although the legislation would still provide rules, more discretion would be granted to judges to make decisions case-by-case on sentences.

marijuana-300x200After Florida made hemp legal back in July of this year, the Miami-Dade State Attorney’s Office made the announcement it would cease prosecuting most minor marijuana charges since the substance is almost identical from hemp.

Even with these developments, Miami Beach recently passed an ordinance banning people from getting the urge to smoke weed or hemp in public. Florida’s ACLU had criticized the new restrictions, saying that the law could have a disproportionate impact on children and people of color. The group argued that making the offense a felony was unnecessarily harsh as the city could dissuade people from public smoking just as easily with a civilian warning system.

Despite the concerns, Miami Beach has proceeded with the ban. With the new law, anyone seen smoking cannabis, hemp, or marijuana on a public right-of-way may receive a fine of up to $500 and a maximum of sixty days in county jail.

metoo-2859980_1280-300x200With the #MeToo movement more important than ever, there may be individuals curious as to whether sexual harassment itself is a crime. Is it possible to receive jail time for sexual harassment?

To get a better understanding of this, it’s worth defining what constitutes sexual harassment. Will giving a person of the opposite sex be considered sexual harassment? How about hugging a coworker?

At its essence, sexual harassment is behavior that is “unwanted”. This may include comments or touching a person. Though sexual harassment is often seen as something men do to women, a harasser can be male or female and they may harass another person regardless of their gender. Although it can happen anywhere, legal recourse for sexual harassment when out on the street may be limited.

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After a tough day at the office or an exhausting work week, you may decide to head to the bar for some drinks and unwinding. Speaking of drinks, altercations are common. This means there may be criminal charges involved depending on what happens during the fight, resulting in charges like disorderly conduct, disorderly intoxication, or aggravated battery, for example.

Disorderly conduct is a way of saying the peace has been breached. When you are out in public, you’re expected to behave in a way considered decent. Because bars are public places, becoming involved in a bar fight means it is possible to be charged with disorderly conduct for disturbing the peace. This second-degree misdemeanor charge may result in fines and a jail sentence.

When an individual consumes an excessive amount of alcohol and becomes belligerent to those around them, it may result in disorderly intoxication. Bar owners and law enforcement officers have the authority to ask a person to leave if they believe a situation may escalate. Should the situation turn physical and an injury occurs, a second-degree misdemeanor may be charged.

twitter-292994_1280-300x200The internet and social media have facilitated communication around the world immensely. However, with the greater reach of communication, there is greater scrutiny on what is and isn’t considered free speech. While certain speech is protected regardless of whether a person says it or posts it, some speech is not protected and may lead to prosecution.

Threats to commit bodily harm or kill someone, for example, are not considered free speech, whether it’s posted online or sent via a letter. This may also include hate speech which crosses the line into a threat. It is also illegal to make false reports or make a firearm threat against a group of people.

Another type of online crime that has emerged is sexual cyber harassment, which includes posting explicit images of someone without their consent. The crime is informally known as “revenge porn”. Even if a former spouse or love interest intentionally shared the explicit images, it is illegal to post them.

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Our cell phones contain a lot of personal information, from credit card numbers to our bank info, photographs, text messages, call logs, and more. Should all of this information fall into the hands of the wrong person, it may be used against an individual.

A part of the Miranda rights states a suspect has the right to remain silent. But what about smartphones? Can your phone “speak on your behalf”? Are law enforcement officers allowed to force you to turn over your phone and online records?

The simple answer to this is no, a police officer cannot simply seize your phone. Since your phone belongs to you, a warrant is required for an officer to seize it or look at it. The same thing applies for access to phone records from your wireless provider.

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