Recent Blog Posts

Legalizing Marijuana Will Reduce Terrorism and Border Instability

 Posted on July 21, 2014 in Miami Criminal Defense News & Articles

Legalizing marijuana should be a top national security objective – that is, if the United States wants to minimize terrorism and border instability. How do legalizing marijuana and maintaining national security relate to each other? Well, here's the breakdown!

The United States has been waging wars with Iraq and Afghanistan for the past two decades and has tried relentlessly to stabilize both Iraq and Afghanistan by attempting to build some type of political and economic structure within each of those nations. Additionally, as the 2011 U.S. National Strategy for Counterterrorism states, the President's top national security priority is ensuring the security of the citizens of the United States and the interests of the United States from terrorists.

With that in mind, Afghanistan is the largest provider of cannabis in the world and the United States is the world's largest consumer of cannabis. Citizens of the United States spend about $40.6 billion a year on cannabis. Therefore, if the United States legalizes cannabis, Afghanistan and its people and economy could establish a source of income by supplying the United States' legal cannabis industry. This would create some sort of economic stability in Afghanistan and even destabilize terror groups.

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Congress Approves Two Amendments That Will Help Out the Legal Marijuana Industry!

 Posted on July 18, 2014 in Miami Criminal Defense News & Articles

Congress has just helped out the legal marijuana industry in a big way! On Wednesday, July 16, the House of Representatives decided to pass two amendments that will permit marijuana businesses to function similar to other businesses. The Senate has yet to approve, but voting should take place later this summer.

Since the start of the legal marijuana movement, businesses engaged in the sale of marijuana have struggled to obtain financial assistance from safe and reliable banks. This was primarily because marijuana is still federally illegal despite any states' laws legalizing the drug. Therefore, banks were afraid of the potential penalties that could arise from working with businesses engaged in the production, manufacture, and sale of the federally illegal substance.

However, now that fear can be put to rest. Banks can begin working and providing much needed services to legal marijuana businesses without fear of prosecution. The new amendments just recently approved by the House of Representatives will help marijuana businesses obtain financial services such as capital, loans, and safe deposits from large national banks.

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Interest in Medical Marijuana Businesses is Booming in Florida

 Posted on July 15, 2014 in Miami Criminal Defense News & Articles

In November, a new, uniquely profitable industry may emerge in Florida. Florida voters will have the chance to vote on Amendment 2, a bill that can legalize medical marijuana in the entire state. If Amendment 2 passes, Florida will become the 23rd state to legalize medical marijuana.

How does this effect Florida? The answer is quite simple. The passage of Amendment 2 would create the emergence of a new industry and a new economy for Florida. This new economy could bring in anywhere from $8 million to $338 million in sales tax revenue for the state - a whole lot of profit especially since the state would only have to expend about $1.1 million to implement the medical marijuana measure!

Peter Sessa of the Florida Cannabis Coalition can vouch for the increasing interest in the prospect of this new industry. Sessa has said, "People see this as the next big American industry. They want a piece of it and they don't know where to go."

It is no surprise that Floridians want to capitalize on this new industry, however knowledge is key to ensure the success of the industry, especially an industry so new and unfamiliar. Sessa has said, "There's interest in people who want to open up a dispensary. There's interest in people who want to grow. There's people who are interested in wanting to have ancillary businesses." The potential in the medical marijuana business in Florida is exponential and in order to be as successful as possible Florida must be prepared and must also learn from the mistakes of previous states who have legalized medical marijuana. In an effort to spread knowledge and awareness and to ensure Florida's success in the medical marijuana industry, the Florida Cannabis Coalition is holding an event on Friday afternoon at the Renaissance Marriott Boca Ration. The event will focus on the business impacts of medical marijuana in Florda. All those interested in Florida's medical marijuana industry are encouraged to attend.

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Florida’s Prison System Is Under Investigation Following An Inmate’s Gassing Death

 Posted on July 14, 2014 in Miami Criminal Defense News & Articles

Four investigators with the Department of Corrections have filed a whistle-blower complaint against their employer the state of Florida. The complaint alleges that Florida's prison system is teeming with corruption, brutality, and authorized gang violence. Specifically, the complaint alleges that guards employ gang enforcers to control prisoners, that prisoners have been beaten and tortured, and that guards trade drugs and other contraband for money and sexual favors from the prisoners. The complaint further alleges that when the investigators tried to disclose what was going on in these prisons, the state reacted against them.

This isn't the first report of abusive treatments by corrections officers in Florida prisons. Previously, it was reported that an inmate at Dade Correctional Institution was led into a boiling hot shower and left there until he collapsed and died. However, that report stemmed from claims made by inmates, nurses and psychotherapists. This time the reports of alleged abuse stem from the correctional officers themselves.

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Two Positive Consequences Following Colorado’s Legalization of Marijuana: High Profits and Low Crime Rates

 Posted on July 07, 2014 in Miami Criminal Defense News & Articles

Six months ago, Colorado passed a trailblazing statewide policy that legalized marijuana. Not only have the consequences been greater than expected, but they've also happened sooner than projected!

It turns out that the marijuana industry is much more profitable than initially anticipated. In February, the taxed and legal recreational sale of marijuana was $14 million and in March, that figure shot up to $19 million. In the first four months, Colorado earned more than $10 million in taxes! However, Gov. John Hickenlooper anticipates that over the next year Colorado will earn about $134 million in tax revenue from marijuana sales. This additional tax revenue is expected to improve Colorado's public schools and infrastructure and even fund campaigns to educate the youth about substance abuse. Additionally, since the legalization of marijuana, there has been a soar in job creation as thousands of new jobs have emerged. Approximately 10,000 individuals work in the marijuana industry and 2,000 of those individuals were employed within the first four months since the legalization of marijuana.

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Oscar Pistorious: His Fate in Florida’s Judicial System

 Posted on July 07, 2014 in Miami Criminal Defense News & Articles

In 2013, Oscar Pistorious, a South African Olympian, was notoriously accused of murdering his girlfriend model Reeva Steenkamp. He faces charges of premeditated murder as well as gun-related charges. His trial is currently ongoing in South Africa.

In Florida, a homicide is the killing of another human being. A charge of premeditated murder requires a finding of a specific intent to kill. In other words, there must be a finding of a decision to kill that was present at the time of the killing. Prosecutors must prove that there was some type of plan formed to carry out the killing. In Florida, a finding of premeditated murder would lead to a first-degree murder charge that is punishable by either a life sentence or the death penalty.

The judicial system of South Africa is markedly different from that of the United States. In 1969, South Africa got rid of jury trials. Therefore, Oscar Pistorious will not be tried by a jury of his peers and instead will be tried by a judge in a high court. One important difference between the United States legal system and the South African legal system is evident in the issuing of a verdict. Unlike in the United States, where the presiding jury does not have to provide reasons for their decision, in the South African legal system, the judge must issue clear reasons for his or her accompanying verdict.

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Domestic Violence and Injunctions

 Posted on July 06, 2014 in Miami Criminal Defense News & Articles

Domestic violence is a serious offense that carries significant consequences. Unfortunately, both the offender and the victim suffer those consequences. Fortunately, some protection exists for individuals that have fallen victim to domestic violence.

Domestic violence covers a broad spectrum of acts such as assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, as well as any other criminal offense that results in the physical injury or death of a family or household member by another family or household member. If you are a victim of domestic violence, contact an experienced criminal defense attorney to learn about your legal options.

One way a victim of domestic violence can seek protection is through the use of an injunction or restraining order. An injunction can help protect you against a family or household member that has previously committed an act of domestic violence against you or if you have reasonable cause to believe that you are in immediate danger of becoming the victim of a domestic violence act. An injunction or restraining order is a court document that orders a domestic violence offender to stop committing certain acts such as abuse. The injunction can also be used to entitle the victim to certain rights such as temporary custody of children.

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Miami-Dade County’s “Back on Track” Program for DUI Offenses

 Posted on July 03, 2014 in Miami Criminal Defense News & Articles

With the newly initiated "Back on Track" program, Miami-Dade County is providing individuals facing their first DUI conviction a second chance. The Back on Track program can help first-time DUI offenders avoid a severe DUI conviction and any accompanying penalties. However, admission into the Back on Track program is not automatic. An admission process, which includes a nationwide background check and a full review of the offender's driving record, is used to determine an offender's eligibility.

If you have been arrested for a DUI and are interested in the Back on Track program, contact a qualified Miami Criminal Defense attorney immediately to assist you in completing the process.

Of course, the Back on Track program is not available to every individual charged with a DUI offense or to every DUI case. Certain requirements must be met. First, the instant DUI arrest must be the individual's first DUI arrest ever. Additionally, the individual must not have been driving on a suspended license when arrested for the DUI offense. As far as the individual's criminal history, he or she cannot exceed one prior, nonviolent felony or two prior misdemeanor convictions, and the individual may not have completed more than one misdemeanor diversion program. Previous points on an individual's driving record or prior reckless driving charges may also lead to the ineligibility of an individual.

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Florida Self-Defense: Stand Your Ground or Retreat?

 Posted on June 30, 2014 in Miami Criminal Defense News & Articles

With "Stand Your Ground" laws in Florida, you are no longer obligated to run when you are in danger. "Stand Your Ground" is a law centered on self-defense. Other names for this notorious law include "Line in the Sand" law or "No Duty to Retreat" law. Most recently, the controversial law gained national attention during the George Zimmerman case involving the death of 17 year-old Trayvon Martin in Florida. Essentially, the law allows an individual to use force in self-defense without first exercising the duty to retreat. Although a qualified Florida criminal defense attorney can assist you in understanding the particularities of the law, here are some of the basics regarding the "Stand Your Ground" law.

A duty to retreat demands that an individual "under an imminent threat retreat from that threat as much as possible" before resorting to the use of force in self-defense. Nowadays, states that still require individuals to retreat are more flexible in their demands. Other states have replaced laws requiring a duty to retreat with "Stand Your Ground" laws. Contact an experienced criminal defense attorney to find out the applicable law in your state.

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Keep those pot plants potted: No more ripping weed

 Posted on June 30, 2014 in Miami Criminal Defense News & Articles

Source: CNBC

Stroleny Law: Criminal Defense Attorney fully supports a change in the seizure procedure currently employed by police officers in cases involving marijuana. An individual's seized property must be returned if charges are dropped or if the individual is acquitted. Currently, seizure procedure does not allow this since during seizure, police officers rip out pot plants by their roots causing the plants to die. With recent legislation supporting the use of marijuana for medical use, a new method of police seizure is needed. Check out the article below for more information regarding this pressing issue.

Police in some medical marijuana states who once routinely seized illegal pot plants by ripping them out by their roots and stashing them away in musty evidence rooms to die are now thinking twice about the practice.

From Colorado and Washington state to California and Hawaii, police are being sued by people who want their marijuana back after prosecutors chose not to charge them or they were acquitted.

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