Recent Blog Posts
Are DUI Checkpoints Really Legal?
First, a DUI checkpoint is basically a roadblock set up by police to catch persons that are driving under the influence of alcohol or another substance. Checkpoints are usually set up in areas that are popular at night and tend to have heavy nighttime activity. Police usually target areas where bars or clubs are prominent.
It's not uncommon to question the legality of DUI checkpoints. Many have argued that DUI checkpoints violate the Fourth Amendment right against unreasonable searches and seizures and are unconstitutional. But, alas, the Supreme Court of the United States has found that DUI checkpoints are totally legal! But, not all states agree with this decision. Nevertheless, Florida does and has upheld that DUI checkpoints are legal.
Here's why! DUI checkpoints provide a necessary protection to the people. Because drunk driving is extremely dangerous and places other drivers at great risk, the state has an interest in conducting DUI checkpoints and preventing drunk driving accidents from occurring. So, although DUI checkpoints do interfere somewhat with a person's basic right to privacy, the overall good that DUI checkpoints provide outweighs that infringement on privacy. Basically, because DUI checkpoints effectively help to stop drunk driving that's enough to make them legal!
Arrested for Marijuana Possession?
Simple Marijuana Possession – What Can Happen to Me?
Of course you would never smoke marijuana but your "friend" got arrested for marijuana possession and you want to know what happens next. One of two things happens when you're arrested for marijuana, or "cannabis" as it's referred to by statute in the State of Florida. If you're lucky (or the officer was too lazy to process you through the jail system) you were allowed to sign what's known as a PTA (promise to appear) at the scene of your arrest. This means you got to sleep in your own bed that night. The promise to appear is an option for officers arresting suspects of certain misdemeanor crimes. The arrestee signs the arrest affidavit and promises to appear at the first court setting, usually an arraignment. But if you made the cop work to find the marijuana, or he believes that marijuana is the devil's weed, you'll likely take a trip to the jail. When you get to the jail you need to be processed. This can take from anywhere between 4 and 24 hours. Once you've been processed a friend or a love one can pay the standard bond of $1,000.00 to get you out of jail. If they use a bondsman they have to put down 10% of the bond ($100). If you're unpopular and nobody wants to bond you out, you have to wait till you go before the judge. This is known as your first appearance and the Judge will decide the conditions of your release before your trial.
Colorado Day One: This is the Future
We've been in Colorado for almost twenty four hours and we can say the medical marijuana industry in Colorado is thriving and inspiring! Let's start with the patients because at the end of the day, they are what the industry is truly about. Our guides in Denver are both long time growers and medical marijuana patients. With their help, we were able to meet with many other patients and understand their experience in not just the marijuana industry but a marijuana industry that also has recreational marijuana. Medical marijuana patients have access to stronger medicine than those who purchase marijuana recreationally. We've found a well regulated industry with an emphasis on customer satisfaction, quality care, adherence to the regulations, and discretion.
One of our many stops was Natural Remedies in Downtown Denver where we had the pleasure of a tour and Q&A.
(As seen below)
The first thing we noticed about this location was that we didn't notice it! If it had not been for our guides, we would have surely missed that there was even a business inside. However, the sign to the left in the picture is what indicates there is a medical and recreational dispensary inside. No big signs, marijuana plants, or advertising. It is pictured below in closer detail. In fact, driving around the Greater Denver area, we continuously noticed McDonald's, Taco Bells, and other establishments, but had to be told to look where the dispensaries were located. This was a bit of a surprise given some of the media coverage of the boom which depicts cliché giant neon cannabis plants outside of a business. As to the patients, they were as diverse as any other business with professionals, students, and not the cliché "stoners" shown in media coverage.
Gun Possession: Actual and Constructive
Once you've been arrested or charged with Possession of a Firearm by a Convicted Felon, possession has to be established to successfully convict you. There are two types of gun possession: Actual Possession and Constructive Possession. It is important to know the difference between the two since each produces a different sentencing outcome following a successful conviction. If you have been charged with illegal gun possession, contact a criminal defense attorney immediately to protect your rights and take the appropriate measures.
Actual possession is simple to identify. It can occur in the following three ways: if a firearm is in the hand of or on the person or if it is in a container in the hand of or on the person or if it is so close as to be within ready reach and is under the control of the person. Either of these ways can produce of finding of actual possession. Actual possession carries a three-year minimum mandatory sentence and can be combined with other penalties including 15 years in prison, 15 years of probation and $10,000 in fines.
Colorado Day Two: A Growing Industry
Today our meetings focused on the production of cannabis, how it is regulated, and alternative forms of medicine ingestion.
We were fortunate enough to privately tour a large scale cultivation site in a Denver warehouse on Day Two of the trip. Very noticeable after talking to the manager of this grow containing massive rooms filled with plants, compliance with state regulation is the priority and close in second place is cultivating the best quality medicine for their local patients. We learned the state requires tagging and tracking every plant's movement from seed to harvest. Every plant is given an individual barcode (on back of yellow slip shown below) for very strict tracking of the medicine to ensure the safety of every patient.
We were shown the numerous stages of cannabis cultivation and the different rooms the plants move though as they're grown and harvested. In a room with 36 lamps (shown below), the yield of the plants is approximately 50lbs of medicine every 2-3 months. And there were a few other rooms in the same facility just like it, giving you an idea of what a cultivation center like this produces on a monthly basis. Even at the rate this cultivation site produces, it hardly is enough to meet their constant demand.
Police discovered my grow house! Now what?
Grow houses are illegal labs created for the cultivation of drugs such as marijuana, also known as cannabis. They usually contain a system of equipment that delivers food, water and light to the plants. In order to avoid suspicion from police and other authorities, grow houses obtain high amounts of electricity illegally. Although grow houses are primarily located in residential neighborhoods, they are not usually open and visible. Instead, they are typically hidden on a residential property and only accessible via secret entryways and tunnels.
In Florida, the manufacturing of marijuana is punishable by law. A landlord who is aware of the grow house and permits a tenant to rent or lease the property can be charged with a third-degree felony and if convicted, can serve up to five years in prison as well as incur a $5,000 fine. The tenant as well as any individual that resides on the property and knows about the grown house or engages in the cultivation can be charged with a second-degree felony and if convicted, can serve up to fifteen years in prison. Additionally, if the cultivation occurs with a child present or near a school or any other place that provides child care services, an individual can be charged with a first-degree felony and if convicted, can serve up to thirty years in prison.
Running from the Cops?
Some individuals have resorted to fleeing the country in order to avoid prosecution. Iceland, who has a reputation for protecting wanted individuals, is thought to be the best place to go. But some places like Mexico have extradition treaties with the United States that compel them to surrender suspected criminals to the United States. Although fleeing to avoid prosecution is becoming popular, it remains illegal. And while, it may sound tempting, here's some information that may stop you.
Not only is the government extremely aggressive in prosecuting these types of charges, but also if you're caught fleeing, you will be facing a felony charge and your driver's license may be suspended for five years, among other penalties.
Among individuals who have fled the United States to avoid prosecution is legendary film director and actor Roman Polanski. After being charged with raping a 13 year-old in Los Angeles, Polanski fled back to his home in London and eventually moved to France. Although, at one point, Swiss police temporarily arrested Polanski, he was never extradited back to the United States. Although Polanski was able to avoid jail time by fleeing, it is important to remember that those same results don't always happen. Fleeing a country to avoid prosecution is risky – if you're tempted to do so, proceed with caution.
State Attorney Takes a Stand on Human Trafficking in Miami
Human trafficking is the act of trading human beings in commerce for the purpose of sexual slavery, forced labor, forced marriage, or for the extraction of organs and other body parts, among other purposes.
Human trafficking is a major concern especially in a city with heavy tourism like Miami. According to the Department of Justice, South Florida is the "third-busiest area for sex trafficking in the United States." The Florida Legislature and Miami-Dade State Attorney Katherine Fernandez Rundle have acknowledged this growing concern and have actively taken measures to stop trafficking in Florida.
On a larger scale, the passage of the Safe Harbor Act has revolutionized how victims of human trafficking are treated by the justice system. Prior to the passage of this act, victims of trafficking were treated as criminals and sent to jail. The most significant feature of the Safe Harbor Act is the establishment of safe houses, which provide living quarters for children who have been sexually exploited instead of sending them to jail. Additionally, the Act provides these children with an advocate to accompany them to any meetings and court dates. Safe houses are mandated to provide security, counseling, transportation, food, clothing, health and dental care among other services to sexually exploited children. The Safe Harbor Act directs government institutions to treat sexually exploited children as dependent rather than delinquent. This is a progressive approach to human trafficking and demonstrates a newfound understanding of human trafficking and its traffickers.
Actual and Constructive Drug Possession
Once you've been arrested or charged with Possession of a Controlled Substance, Drug or an Illegal Substance, possession has to be established to successfully convict you of the crime. There are two types of drug possession: Actual Possession and Constructive Possession. It is important to know the difference between the two since each produces a different sentencing outcome following a successful conviction. If you have been charged with illegal substance or drug possession, contact a criminal defense attorney immediately to protect your rights and take the appropriate measures.
Actual possession is simple and easy to detect. It is essentially "having physical custody or control of an object." It is sometimes called "possession in fact" and is defined as having immediate physical contact with the object. This type of possession usually occurs when the object is found on the person.
On the other hand, constructive possession is a broader form of possession. It includes possession where the individual does not have any physical contact with the object. It is sometimes called "possession in law" and is defined as having knowledge of the object and the ability to control the object. In these types of possession, physical contact is not necessary and the object is not usually found on the person.
Gov. Rick Scott signs Warning Shot Bill
Florida Governor Rick Scott strikes again! Governor Scott has signed a new law granting Floridians who fire a warning shot or threaten to use a gun the ability to avoid criminal prosecution. An experienced Florida criminal defense attorney can help you understand this law and how it affects you.
If you have any questions regarding the new "warning shot" bill, contact experienced Miami criminal defense attorney, Julian Stroleny at Stroleny Law: Criminal Defense Attorney
Schedule a ConsultationThe law known as the "warning shot" bill was motivated by the case of Marissa Alexander. Alexander was sentenced to 20 years in prison after having fired a shot near her estranged husband during a dispute, which took place in Jacksonville, Florida. Although Alexander asserted that she fired the shot in self-defense, the judge did not allow her to employ the "stand your ground" self defense law. The judge's rejection of Alexander's self-defense claim was surprising since the "stand your ground" law was implemented to grant individuals the ability to use force in circumstances where they reasonably believe their life is in danger.
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