As is his practice, Mr. Bogdanich has written an extensively researched article about how Agent Rodgers became the object of a campaign to destroy his career and reputation. His offense was the refusal to rubber stamp the conclusions of a deeply flawed investigation into the death of Michelle O'Connel.
In a decision rendered last week, Norman v. State, the Florida Supreme Court rejected a Second Amendment challenge to Florida's "Open-Carry" law. The statute in question, section 790.053, prohibits individuals from visibly carrying firearms in public. Under the statutory scheme, a gun-owner must first obtain a license to carry a firearm in public. Even after they obtain a license, they still must conceal the firearm-for instance, in an article of clothing-when they are carrying. Failure to do so is a second-degree misdemeanor punishable by up to 60-days' imprisonment and a $500 fine. The Open Carry law also contains sixteen exceptions, including one for bringing firearms on fishing, camping, or hunting expeditions.
Most people know that the Sixth Amendment guarantees criminal defendants the right to a trial, "without unnecessary delay". However, in the federal system, defendants also have speedy trial rights under statutory law. Specifically, the Speedy Trial Act of 1974 requires a criminal trial to commence within 70 days from the date the Information or Indictment was filed or from the date the defendant appears before an officer of the court during his first appearance, whichever is later. While the Speedy Trial Act may seem simple, it is often the subject of litigation, because the 70 days provided in the act can often actually go much longer before a defendant is entitled to a trial on his criminal charges.
The Fourth Amendment restricts when a police officer may stop a person. Generally, an officer must have probable cause to believe that the person has committed a crime in order to stop them. When police officers conduct a traffic stop, there is no question that they are allowed detain the driver. But what happens if one of the passengers of the vehicle wants to leave in the middle of the stop?
While the 2016 election is most notable for selecting the nation's next president, Florida voters are also deciding on some important amendments to the state's constitution. Not the least of which is Amendment 2, which is poised to legalize medical marijuana in Florida. Twenty-five states currently have laws that allow medical marijuana in some form. If Florida joins these states, the Amendment will create a new framework for prescribing, distributing, and possessing medical marijuana.
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.
Red light camera systems are becoming an increasingly prevalent source of traffic tickets throughout Florida. It is well-known that red-light cameras allow cities to issue more traffic tickets than traditional methods, since police officers no longer need to pull drivers over to issue a citation. However, cities are also using these systems to increase the output of traffic tickets in a less-visible way: by outsourcing the traffic citations process to private companies. Many cities are contracting with red light camera operators, not just to take photographs of cars running red lights, but also to review those photographs, screen for possible violations, and mail traffic citations to those who are found to have violated the law. In the most egregious situations, these contracts can effectively make employees of private companies honorary traffic cops.
The trial and conviction of Jacob Dougan is well-known to criminal defense attorneys throughout Jacksonville. A decision rendered by the Florida Supreme Court last week marked a new chapter in his long and tragic story. The Court upheld the lower court's decision granting the death-row inmate a new trial, 31 years after his original conviction.
In March of this year Florida Legislators made a change in the death penalty laws, requiring only a 10-2 vote by jurors to impose the death penalty. In an article published by the Daily Record, Bill Sheppard is quoted as being "dumbfounded" by the change. Sheppard has defended many clients in death penalty cases over the course of his career as a prominent criminal defense attorney, including Gary Alvord.
Florida law contains dozens of crimes that punish defendants from pursuing or soliciting sex with minors. Many of these crimes share similar elements. This means that prosecutors can often charge defendants with multiple crimes for the same incident, dramatically increasing their potential sentence. The Double Jeopardy Clause of the Fifth Amendment prohibits criminal defendants from facing multiple charges for the same crime.