Criminal Defense Archives

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Senate considers harsh fentanyl sentences, but will they work?

Criminal justice reformers were alarmed last month when Attorney General Jeff Sessions announced a return to the policy of seeking harsh, mandatory minimum sentences for drug offenses. His announcement reversed an Obama-era policy of limiting mandatory minimums for low-level, nonviolent marijuana offenders. That policy had been put in place, in part, in response to several states having legalized marijuana for either medical or recreational purposes. Even more states have legalized marijuana now.

Convicted of DUI? You may have reason to file an appeal

Having charges leveled against you for DUI can seem like a confusing and distressing situation. Even though you may have made the effort to defend yourself against the allegations, the court may have ruled against you and convicted you of the DUI charges. You may feel like your legal journey ends there and that you have no choice but to accept the consequences. However, you may have the opportunity to appeal that decision.

Geek Squad over-enthusiastic in quest to help law enforcement

A man got the shock of his life in 2011 when he brought his computer in for service by the Geek Squad and ended up being charged with possession of child pornography. Luckily for him, a federal judge tossed out the evidence as inadmissible.

Federal prosecutors will be seeking tougher drug sentences

Attorney General Jeff Sessions issued a policy memo last Friday directing U.S. Attorneys to seek the harsh, mandatory minimum sentences available under federal drug laws. Previously, Obama-era Attorney General Eric Holder had urged federal prosecutors to avoid the harshest sentences for street-level users and other nonviolent offenders.

Florida House unanimously passes new restrictions on fentanyl

The Florida House of Representatives has unanimously passed HB 477, which criminalizes fentanyl trafficking and would allow drug dealers to be charged with manslaughter if their wares contribute to a death. The corresponding Senate bill, SB 150, was confirmed 7-0 in the Senate Judiciary Committee and is awaiting a hearing in the full Senate.

Record expungement could provide an invaluable benefit to you

At some point in life, everyone makes a mistake that they regret and which they believe will follow them for the rest of their lives. For you, the mistake may have resulted in criminal charges. Though you likely dealt with the consequences of this action, you could still face negative repercussions for years to come. Because a criminal conviction goes on your record, you could face significant difficulties when it comes to finding employment, applying for living arrangements and various other aspects of your life.

Does Florida law unfairly punish those with a criminal record?

A criminal sentence or plea deal should be about more than just punishment. Any time served, including counseling or community service obligations, is an opportunity for defendants to acknowledge accountability and work toward reentering society.

What is Florida's implied consent law regarding drunk driving?

In Florida, the implied consent law requires individuals who have been lawfully arrested of driving under the influence to submit to a chemical test. However, a number of procedures might inform whether a defendant has been lawfully arrested for DUI.

Can you avoid a Florida conviction with pretrial diversion?

The effects of a criminal conviction can linger, as we’ve discussed in several recent posts. Fortunately, there are strategies that an experienced criminal defense attorney can pursue to help defendants get a fresh start. One such option is pretrial diversion, a program offered in Orlando and many counties throughout Florida.

Protecting your child from criminal consequences

Last year, approximately 10,000 children in Florida were charged with minor crimes and punished through the criminal justice system. About 620 of them were no older than 12, and a few were as young as seven. Perhaps you fear that your child will be one of those, and that this one mistake will affect his or her future forever.

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