Laws surrounding marijuana have changed significantly in recent years. Florida is one of many states reconsidering the penalties for possession; some officials believe the consequences that come with minor drug offenses such as possession of marijuana are far too harsh. Yet even with the state's gradual shift toward legalization, there may still be a long way to go.
Not all criminal cases in Florida end up in trial. Many end early thanks to plea bargaining. The purpose of plea negotiation and how it works are described below.
While the CSI: Crime Scene Investigation television franchise ended first-run episodes and only exists in syndication, new CSI-style "adventures" continue at high-profile locations.
The firm has once again been ranked a Tier 1 law firm by U.S. News - Best Lawyers in America for 2017. This ranking is based "on vigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process." The firm earned Tier 1 ranking in the following areas of practice: appellate practice, criminal defense: general practice, criminal defense: white collar, employment law - individuals, and First Amendment Law. Individual members of the firm are also listed by Best Lawyers in these practice areas. Mr. Sheppard previously has been recognized as Lawyer of the Year in the areas of non-white collar criminal defense, white collar criminal defense and employment law - individuals (2010, 2012, and 2014), in recognition of his decades of expertise in those areas of practice.
Most people are familiar with the Miranda warnings. But police do not need to use these warnings every time they speak with a suspect. The Miranda decision only applies when a suspect undergoes "custodial interrogation". In other words, when a reasonable person would not feel that they were free to leave.
In an opinion written by Justice Canady rendered last week, the Florida Supreme Court held that making a file accessible to others in a file-sharing program constitutes "transmission" under Florida's child pornography laws. The crime in question is codified in Section 847.0137, which makes it a third degree felony for any person "who knew or reasonably should have known that he or she was transmitting child pornography" to another person.
On February 13, 2015, the Fifth District Court of Appeal decided the case of Oliver v. State, 2015 WL 585536 (Fla. 5th DCA 2015). In Oliver, the defendant was a passenger in a vehicle that was stopped for an inoperable tag light. The stop itself was not challenged on appeal. After the stop, the officer, in an aggressive manner, ordered the defendant to "keeps his hands on the f***ing dashboard." After a canine sniff alerted the officers to the presence of drugs in the car, the officers searched the defendant and found marijuana and a firearm on his person.
Our ever vigilant clients recently brought to our attention a website claiming to be able to provide medical marijuana certificates. The website states that medical marijuana is already legal in Florida for those with a medical necessity. The website also claims that if a patient can prove medical necessity to a law enforcement officer, they are not subject to arrest. However, these claims are completely untrue.
The First District Court of Appeal has issued an opinion in a case in which we represent the Appellant. It states:
Once again, members of the firm have been selected by their peers for inclusion in The Best Lawyers in America for 2015. Mr. Kachergus was selected in the practice area of Criminal Defense: White Collar and Non-White Collar. Ms. White was selected in the practice area of Appellate Practice and Criminal Defense: Non-White Collar. Mr. Sheppard was selected in five practice areas: Appellate Practice, Criminal Defense: Non-White Collar, Criminal Defense: White Collar, Employment Law - Individuals and First Amendment Law.