Category Archives: Uncategorized

Marijuana Update for Florida: Still a Crime

nikki fried

Nikki Fried

Don’t forget, it is still a crime to possess marijuana or anything marijuana related in the State of Florida. New Agricultural Commissioner Nikki Fried announced yesterday she is going to name a cannabis director to oversee issues related to medical marijuana, agricultural hemp and marijuana edibles. I’m sharing this not just to highlight her efforts to improve the regulatory system for Floridians, which we support, but to remind everyone that it is still a crime to possess marijuana without that card. Even a little bit of marijuana is a crime, even a pipe is a crime, and any amount of oil containing THC is a felony. Conviction for any drug offense also carries a mandatory driver’s license suspension.

The fact that Florida has medical marijuana does not mean that it’s OK to carry around some weed. The laws are still being enforced, and sometimes aggressively. If you do get caught, contact your attorney right away!

Bi-Partisan Criminal Justice Reform is Gaining Momentum

Criminal justice reform has been a growing topic of late, and has been garnering more and more support from both sides of the aisle. Recently, even President Trump has signaled his support for such reform. It makes sense from a lot of standpoints: more efficient justice, less recidivism and less expense, while reuniting families: especially those separated by excessively long prison sentences for non-violent offenses. The growing movement has finally gained enough steam that the Senate appears poised to vote on a justice-bill, albeit a ‘slimmed-down’ version, before the end of the year. This is a good thing, though as the name of the bill, the “First Step Act”, implies, it should be merely the beginning of positive reforms.

Michelle Suskauer

Bar President Michelle Suskauer

Florida also has a need for criminal justice reform. Florida has a very draconian sentencing structure, in many cases imposing decades-long mandatory minimum sentences on non-violent offenses that far exceed the federal sentences that are being reconsidered. Florida Bar President Michelle Suskauer, who has spent many years in the justice system as a defense attorney and is acutely aware of the issues has made a push for consideration of the issue to raise awareness. The Florida Bar recently held a Criminal Justice summit to discuss the issue (the Bar cannot take a position), and Suskauer wrote an informative update in an OpEd published in the News-Press this week, and elsewhere. You should definitely check out her more detailed article, here.

Whitey Bulger Laid to Rest

 

Yesterday was the funeral for convicted gangster James “Whitey”. Bulger, a notorious leader in Boston area organized crime gained even more notoriety when he hid out for decades while sitting atop the most wanted lists. When they finally caught up to him, Bulger claimed immunity from prosecution as he had been cooperating with government investigators. That defense didn’t work, and Bulger was sent away to prison. He was murdered last week the very day he was transferred to a new facility, bringing to a close a dark chapter in Boston history.

Bulger was played by Johnny Depp in the biopic “Black Mass”, and influenced other stories, such as Martin Scorsese’s  award-winning “The Departed”.

Beauty Queen Exonerated by Stand Your Ground to Sue City of Hialeah

Vanessa Barcelo

We previously covered the story of former Miss Hialeah and Miss Miami Lakes, Vanessa Barcelo. Barcelo was initially arrested for aggravated battery for threatening a man who refused to leave her party after causing a serious disturbance. The state determined that she did not strike anyone with the bat, but proceeded a misdemeanor battery charges as Ms. Barcelo slapped the man at the end of the altercation. After a 9-hour hearing, the court found that the man’s refusal to leave, and since he had taken the bat, meant her fear was justified, and dismissed the case under Florida’s Stand Your Ground law.

Now Barcelo is suing the cop and the Hialeah Police Department for the arrest, and for propagating the story that she beat hit the guy with a bat. While police are generally immune from suits, this suit alleges that the officer was grossly negligent, and relies on language in the stand your ground statute that compels police to investigate and determine whether there was justification for the force used. Working against the civil defendants is that Barcelo indicates the officer would not even take a statement from her, there were multiple witnesses who stated she had not struck him with the bat, and the alleged victim was drunk, and initiated the incident when he refused to leave her house when it appeared had had attempted to assault her cousin.

One of the less discussed aspects of the stand your ground law is that it is supposed to help prevent charges like the ones on Ms. Barcelo. It is explicit that officers are supposed to do a little more digging, and to be very sure that force was necessary before they make any arrests. They could be in trouble here, in light of the facts and the sloppy investigation. This is one of the rare circumstances where the cop and the police force may face consequences for their wrongful arrest.

https://www.miamiherald.com/news/local/community/miami-dade/hialeah/article220973930.html

 

Congrats to Amira Fox on her Primary Vicgtory

amira fox

Amira Fox

Amira Fox won the Republican primary in the race for State Attorney for the 20th Judicial Circuit. That effectively means she will win the seat. This is a relief for everyone working in the criminal justice system in Southwest Florida, as things tend to run pretty well at the State here, and the kind of wholesale changes her opponent planned could have started chaos in our justice system. Ms. Fox was clearly the best candidate, and has the smarts and experience to do the job well.

I hope that when Ms. Fox takes over, she does look to improve some of the things about the State Attorney’s office: it would be nice to see more consistency from county to county, a reduction in jail time for non-violent crimes, especially misdemeanors like marijuana possession, and being willing to admit when a case is bad. Generally, the office has been pretty well run since Ms. Fox took over as chief assistant, and it probably will continue to be so. Ms. Fox ran a good, honest campaign and did not stoop to the dishonesty and mudslinging of her opponent. Hopefully this will show that races can be won the right way, by the best candidate. I wish her luck.

James Chandler is the Choice for Circuit Judge

There is still time to cast your votes- Chandler for Judge, Fox for State Attorney! Get out to those polls, this election matters!

crimcourts : A Criminal Law Blog

james chandler James Chandler

As early voting gets underway in the 5 county 20th judicial circuit, which includes Lee, Collier, Charlotte, Hendry, and Glades counties, I though I’d take an opportunity to weigh in on a local race that I feel strongly about. I am writing to endorse James Chandler, who is running for Circuit Judge. I have gotten to know Mr. Chandler well over the last several years, and think he would be an excellent choice for the circuit judge position. Mr. Chandler and I both worked at the State Attorney’s office when we moved to Southwest Florida. After I went into private practice, I had cases against Mr. Chandler and found him to be fair as a prosecutor.

Chandler later went into private practice, where he handles not only criminal defense, but also civil matters such as family law. That’s important, as our circuit judges can end up handling…

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Amira Fox is the Clear Choice for State Attorney

Be sure to vote today! Fox for State Attorney, Chandler for Judge

crimcourts : A Criminal Law Blog

crowley and fox Chris Crowley and Amira Fox

The primary election is tomorrow, and Republican voters will be presented a clear choice for State Attorney for the 20th Judicial Circuit. The standout choice is Amira Fox, currently the chief assistant State Attorney under current State Attorney Stephen Russell. Ms. Fox is a smart, talented prosecutor whose experience clearly makes her the most qualified candidate for the job. She has the support of law enforcement, including outgoing prosecutor Russell, and the sheriffs of all five counties in the 20th Judicial Circuit. Moreover, she has the overwhelming support of the attorneys who practice in Lee County, who are in the best position to evaluate the qualifications of the chief law enforcement officer for Southwest Florida.

The campaign leading up to the primary, which will be dispositive as there is only a token write-in candidate remaining in the general election, has been extremely heated. Her opponent…

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