Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Criminal
Toy Gun not a Burglary Tool
January 19, 2009
In Fort Lauderdale two police officers stopped at what appeared to be a broken down car. The car in front of the police was reported stolen as they stopped. The police saw Thomas Osborne pulling things out of the car. Osborne had a screwdriver, pliers, and a toy gun when he was arrested. Osborne told police the toy gun was for protection.
Defendant denied self defense, instruction on Castle Doctrine allowed new trial
January 14, 2009
Felipe De La Hoz fired Oscar Ruiz Friday, February 21, 2003 from a feed store in Hialeah. Felipe believed Ruiz had stolen a gun from his truck. On the day Ruiz was fired he returned back to work at about 6 at night. However, Ruiz did not go to work he went to fight Felipe. Ruiz attacked Felipe in the parking lot and then ran to his car. Felipe followed Ruiz to the car. Felipe thought Ruiz was reaching for a gun so he shot Ruiz.
DNA Samples now compelled on some misdemeanors
January 13, 2009
DNA samples have been collected from felons convicted of numerous offenses in Florida for many years and all felons beginning in 2005. However, now the legislature has added a list of misdemeanors as well. Florida Statute 943.325 now has added the following misdemeanor offenses to the list of crimes that compel the collection of DNA samples:
Evidence must be introduced of actual or constructive possession of cocaine
January 13, 2009
Lack of Control has its benefits
Kenneth L. Sheppard called out to undercover Officer Berry of the Tampa Police Department at a gas station. Officer Berry asked Sheppard if he was "straight," or if he had any drugs. Sheppard told Officer Berry to go over to his partner Otto Bennett who was "slanging," or selling crack cocaine. Officer Berry bought "twenty-five hard," or twenty-five dollars worth of crack cocaine from Bennett.
Failure to preserve objections for record can cost client important rights on appeal
January 07, 2009
An Illinois man was convicted of Murder in the 1st Degree. He was charged with shooting a Bay County Police officer point blank during a traffic stop to avoid going back to jail. During the closing arguments, the prosecution made comments that could be seen to stretch the rules regarding closing arguments.
The prosecutor made comments that suggested that he was "representing the community" and that the defendant was "evil". The appeals court found that these statements did not rise to the level of a fundamental error in that the first statement only indicated who he was acting on behalf and did not convey a wrongful message to the community. The statement that the defendant was "evil" was not seen as a fundamental error either. The court held that the "evil" statement represented how the defendant looked when he shot the sheriff and not the defendant himself. The defendant's attorney should have objected to the comments in order to preserve them on appeal but neither of the comments made rose to the level of a fundamental error. If the appeals court had found that there was a fundamental error, the defendant would be given another trial.
This ruling is important because it illustrates the need for a competent defense attorney. Mastery in the rules of criminal procedure and evidence are essential in handling a defendant's case. Please contact us for any criminal defense needs.
Bicycle ruled not to be a deadly weapon
January 07, 2009
The 2nd District Court of Appeals recently ruled that a bicycle is not considered a deadly weapon. During an argument with his mother, a juvenile cursed and threw his bicycle about 5 feet towards his mother. He was standing about 10 feet away from her at the time. The mother reported being very scared.
To prove aggravated assault, the State must show that the defendant committed assault with a deadly weapon without the intent to kill. A deadly weapon is an item which, when used in the ordinary manner contemplated by its design, will likely cause death or great bodily harm. Whether an item is a deadly weapon is a factual question to be determined under the circumstances.
The court found that when used in the ordinary manner contemplated by its design, a bicycle is not likely to cause death or great bodily harm. Additionally, the State provided no information that indicated that the bicycles character was such that it could be considered a deadly weapon. Thus, there was insufficient evidence to support a finding of aggravated assault.
This is a victory for bicyclists everywhere!
