Florida Criminal Defense Attorney Blog

For the first time in over 100 years you can now legally spit on the sidewalk in Sarasota, Florida. In a vote of 4-1 on December 15, 2008, Sarasota city commissioners rescinded the county ordinance that banned such behavior. According to the Sarasota Herald Tribune, over the past 24 months, Sarasota police officers have been enforcing the law as part of a crime suppression tactic. Officers will observe someone spitting on the street and then confront the individual. After arresting them for committing a second degree misdemeanor, they would then search their pockets or person and would sometimes find drugs or paraphernalia. That would allow the police to charge the individuals with more serious felony crimes. The city commissioners realized that the ordinance was open to subjective enforcement and most of them decided that the ordinance should be repealed. The lone holdout was commissioner Ken Shelin who somehow was able to make the argument that his background in public health prevented him from voting in favor of repealing the ordinance. Are you kidding me? So would Mr. Shelin feel that every baseball player who spits on the floor of a dugout or while chewing in centerfield should be subjected to the law? Thankfully the Sarasota City attorney Robert Fournier was able to advise the city commissioners that the law was archaic and should be repealed.

For the second time in less than a month serious drug charges in Sarasota County were dismissed because the Defendants were entrapped. One Defendant was facing a mandatory minimum prison sentence. The Informant used by the Police was paid in cash and would have their charges dropped if he or she would help arrest others selling illegal drugs. In this case, the Informant used by the Police promised a romantic relationship in order to get the Defendant to sell some of her Vicodin Pills. Eventually, the Defendant agreed and that is when the Police moved in.

Entrapment is a defense to most crimes. However, with the Entrapment defense the Defendant has the burden of proving it. Once the Defendant provides evidence that they were not predisposed to commit the crime without the enticement of the government action the burden then shifts to the Government to prove the Defendant was willing to commit the crime if the opportunity presented itself.

Many times the police employ informants. Informants are those looking to gain a benefit from the government. The benefit could be in the form of a lesser sentence or it could result in charges being dismissed. The Government can negotiate with confidential informants under a doctrine called substantial assistance. Substantial Assistance is one of the only ways that a Defendant can avoid a mandatory prison sentence. The problems arise when the Informants act with unfettered discretion using unlawful tactics to entice law-abiding citizens to act in an unlawful manner.

If you are facing criminal charges for the sale of illegal narcotics please do not hesitate to visit our Florida drug defense website.

The war on drugs continues to this day and the penalties for selling illegal narcotics are stricter then even some types of murder. It is imperative that you speak with a qualified criminal defense attorney if you are charged with a drug crime. You can ask for Darren Finebloom

As the number of reported crimes rise, courts throughout Florida are strapped for funding as a result of budget cuts and the downturn of the economy. Courts, more than many other parts of the state government, rely heavily on budgets to provide for personnel, manpower and daily activities.

When the economy takes a turn for the worse, crime, particularly DUI, assault and Driving While License Suspended increases. Defendants charged with these crimes are required to appear in court which in turn, costs the State and the County money. To combat the issue of rising crime and costs, courts are taking a closer look at some costs, such as those related to 'indigent' defendants to determine if they truly require services of the public defender.

Courts are also trying to recoup some of their expenses. In some counties, specifically in Hillsborough, criminal defendants are required to pay a prosecution fee of $50.00 when their case is resolved. Also, the fines applied to most crimes recently went up, in some case, almost doubling. For example, the fine amount for a person charged with DUI used to be $500.00 for a first offense, but has since been increased to $1000.00.

As much as the economy is suffering, it is imperative that the Justice system survive. Although cuts may have to be made to decrease costs, the public's need for courts is beyond reproach.

In the State of Florida, police officers arrest individuals based up on probable cause. Following an arrest, the person is taking to the County Jail and then hopefully released with certain conditions, such as a requirement that the person appear in Court.
As a defense lawyer, the time following an arrest is often the most critical time in a case. The arrest file or paperwork will make its way to the State Attorney's Office for a filing decision. In non-captial cases in Florida, the prosecutor or state attorney will make a decision on what, if any, charges to file. They will assess the facts of the case and determine the strengths and weaknesses.

Ethically, the state attorney should not file an 'information' unless they believe the case can be proven beyond a reasonable doubt. The 'information' is the charging document - the document that lists the charges against the defendant. Because the state attorney has vast discretion on whether to file the charges or dismiss the charges, the 30 or 45 days prior to the defendant's arraignment is a critical stage for a defense lawyer to contact the state attorney and explain why charges shoudl not be filed.

Hiring a lawyer should occur as close to the arrest as possible so the lawyer can exhaust all options to convince the prosecutor to not file charges on the case. At the law firm of Finebloom and Haenel, we immediately get a head start on the case- we use private investigators to dig up evidence, obtain 911 tapes, and recover potentially valuable tangible evidence. Our private investigators are retired law enforcement officers who know how to obtain evidence and interview witnesses.

In certain cases involving witnesses or victims, it is crucial to speak to these people quickly, while the case is fresh in their mind and before the state attorney files charges. In most jurisdictions like Sarasota, Polk, Manatee, Pinellas and Hillsborough counties, the state attorney will normally have to draft a 'decline memo' if the case is dropped after it has already been filed. That is why it is better to get fighting on the case early so that the prosecutor knows we mean business.

Contact an experienced attorney at 1-800-FIGHT-IT to discuss any particular facts of your case

Continue reading " Pre-File Investigation in a Criminal Case " »

When a person is a arrested for a non-violent criminal offense in the State of Florida, the legislature intends for individuals to be released on nonmonetary conditions, referred to as Pretrial release. Within 24 hours of an arrest in Florida, an individual must be brought before a Judge to determine release conditions.
Some Florida Judicial Circuits have a bond schedule which dictates the amount of bond a person needs to post for a particular crime. In some larger counties such as Hillsborough and Pinellas, there may be hundreds of Defendants brought before the first appearance Judge on any given day.

The Florida Bar Criminal Procedure Rules Committee recently voted 28-0 to mandate that inviduals have legal representation at their first appearances. In many counties, first appearances is conducted via videoconferencing with the Judge remaining in the courthouse and the in-custody defendants located at the county jail. The Judge will assess the type of alleged crime, the individual's ties to the community, and the prior criminal history. In some instances an individual will be able to post bond, with cash or the assistance of a bondsman. A bondsman will typically charge 10 percent of the total amount of the bond ordered by the Judge.

Many Judicial Circuits, including the counties of Sarasota, Manatee and Desoto Counties, have a supervised release program. These individuals are county employees and act as quasi probation officers in making sure that individuals comply with their conditions of release. In many instances the Judge will mandate random urinalysis testing and no contact with any victim while the case is pending.

In certain cases, such as domestic battery, Florida law requires that no bond be set until a Judge sets the conditions of release at first appearances.