Online Articles on Criminal Defense

Possession is NOT nine-tenths of the law
There are certain things the government will not allow you to possess, such as illegal drugs or a gun if you are a convicted felon. There are also things that although legal, you may not want people to know you possess, like a Georgia Bulldog football poster or an “I love Bill Cosby” button. But just because the item in question is not in your pocket or hand, does not mean you do not possess it...

What you Need to Know about the Amended Texting while Driving Bill
On July 1st an amended bill signed by Governor Ron DeSantis made the action commonly known as “Texting While Driving” a primary traffic offense. This means that a law enforcement officer may now be able to pull you over if they believe you were texting while driving. Here are a few things to know about the new law...

HEMP
Pay attention this fall, because hemp is hitting the runways. Well, it has been for years. Derek Lam, Calvin Klein, Ralph Lauren, YSL, Versace… the list goes on. High-caliber fashion houses have been blending hemp in their textiles for years, and for good reason. Hemp is sustainable, biodegradable, affordable and eco-friendly...

Ready, Set, Grow | The Anxious Wait for Florida’s Medical Marijuana Legal Framework
Floridians have been preparing participate in the marijuana market long before the passage of Amendment 2. The burgeoning cannabis market is a dream situation for investors and entrepreneurs: from lawyers to doctors to investment bankers, there isn’t one sector of big business in Florida that doesn’t have its hungry eye on how to participate in the cannabis space...

Florida Criminal Courts: What to Expect in the Process
Over years I've had the opportunity to represent many people who never had any involvement in the criminal justice system in their entire lives. On the other hand, I've also had the opportunity to represent many people who are familiar with the criminal justice system and know exactly what to expect. The first question I'm usually asked by those who have never had any run-ins with the law is "I've been arrested? What's next?"...

Florida’s Concealed Carry Law: It’s Time For Enforcement
In the wake of the horrific shooting at Orlando nightclub Pulse, countless discussions on gun laws have taken place – and there are many differing opinions on the issue. But underneath the layers of political positions on gun control in this country lies a nuanced issue: how are these guns getting by security?...

Fish Tales: A short discussion of fraud in the seafood marketplace
Seafood fraud is a thing. And one worth mentioning – at one time or another, we’ve all paid top dollar for some crisp Blue Point oysters at brunch, that extra fatty tuna belly sashimi or a creamy bowl of lobster bisque (Maine lobster, of course). Cha-ching… it adds up! And the seafood industry knows it. So they lie. They lie about the quality of the fish. They lie about where the fish is from. They lie about the species of fish. When all is said and done, Americans are paying an extra $25 billion dollars annually as a result of this trickery (more appropriately known as straight-up fraud)...

Five tips from Orlando lawyers to help you avoid a DUI this holiday
You'd think with the prevalence of transportation options available in Orlando these days (Uber, Lyft, Mears), drunk driving would cease to be a problem, but daily, people are booked into the Orange County jail for driving while under the influence...

Summer Daze - Beaches, boating and drinking: What are we really allowed to do in Florida?
We are surrounded by bodies of water – beaches, lakes, rivers, and springs – just begging for us to play in them. And so we do. And we play hard…maybe even too hard. Florida’s beaches have worldwide notoriety as the best spring and summer break destinations, and with vacation comes drinking. Drinking by the beach, on the beach, in the water, on the water. And while it’s fairly obvious a margarita (or a Corona, depending on preference) goes very well with a beach chair, there are significant risks involved which tend to be ignored...

In Depth: Is Child Porn a Growing Problem? (video)
It seems to be a growing problem and one that is very disturbing. More and more people are getting busted with child porn. News 13 legal analyst Mark NeJame discusses the issue.

Medical Marijuana: Understanding November’s Ballot
Florida needs a supermajority vote of 60 percent of those voting on Amendment 2 in order to decriminalize marijuana for medical use. Currently, Florida is one of the three states with pending legislation on legalization of medical marijuana. Almost half the country has passed legislation in favor of its use, with regulations varying from state to state. This proves to present some obvious problems if or when the Federal government opts to legalize marijuana. But how does Florida plan on approaching this new industry?

When Can Gun Owners Have A Concealed Weapon Without A Permit?
The George Zimmerman case has generated a lot of discussion about many things: race, self-defense, stand your ground laws, and the right to carry guns about your person. While the number of people obtaining concealed weapons permits are on the rise, many gun owners do not have permission to carry their firearm concealed. Generally speaking, a person cannot carry a concealed weapon without a permit. There are some exceptions to this, the two more common ones being having a weapon in your car or your home...

Texting and Driving: FL Says U Can W8
You've seen the commercials - a blank screen with the words "where u a" followed by a devastated mother telling a story about how her child died while sending this simple text message. It's not worth it - It Can Wait. This is the message the country is conveying to drivers nationwide. Cell phone companies, parents of victims, politicians and lobbyists abound are supporting legislation that bans "texting and driving" and Florida just joined the fight...

A “Painful” Truth for Florida Doctors: To Treat or Not to Treat with Oxy
Over the past few years there has been a significant amount of media attention regarding the State of Florida and prescription drug abuse. Most of the attention seems to be focused on pain medications such as oxycodone. Florida has been called the “epicenter” of the problem and Interstate 75 has been labeled the “oxy express”. In 2011 it was reported that doctors in Florida prescribed 10 times more oxycodone pills than every other state in the country combined...

Texting and Driving: Should Florida Punish Those Who Are 'Distracted'?
I think many of us will admit that we have used cell phones to either: talk, text, or email while driving. I also believe we can admit that it can be very distracting! However, in today's technological age and from a business perspective; immediate access to information is essential to running an efficient and effective business...

Florida's Drug Laws: Height of Hypocrisy
Florida law, Chapter 893 classifies substances according to five (5) schedules. Schedule I substances have "a high potential for abuse and . . .no currently accepted medical use . . . and in its use under medical supervision does not meet accepted safety standards." Heroin, LSD, Peyote, Psilocybin (hallucinogenic mushrooms) are among a few of the substances listed...

You can Bet on It..Sometimes
Why is it acceptable to lose money to the casinos and the State of Florida but not to your friends? The answer to that question is because the Florida Legislature said so and because they cannot make any money off of your friends...

To Blow or not to Blow
Everyone thinks "it can't happen to me! It won't happen to me!" Well it can and it does happen to you. Everyday people are arrested for driving under the influence (DUI). A couple drinks while at dinner, watching the big game or even hanging out with friends can put your blood alcohol at an unlawful level of 0.08 or above. Your body processes alcohol at a constant rate of .5 oz. per hour, regardless of how many ounces you consume. For example, if a 160 pound man has 3 drinks in an hour, his blood alcohol level will be at an unlawful level...

Your Right To Bear Arms
The firearm laws are so contradictory and changing so often that if you ask 100 police officers, judges and lawyers what carrying a concealed firearm is, you will probably get 100 different answers. That isn’t because the law is unclear; it is because most people are unaware of the nuances to this law...

ID on Demand
Recently, on talk radio, the issue as to whether or not a police officer could just walk up to anybody and demand that the person present some identification was debated.Some thought that citizens must show identification to police when asked and that it may even be a crime not to have identification on you at all times...