May 14, 2019

When Your Conduct Doesn’t Meet All the Elements of the Florida Crime that the State Charged in Your Case…

There are several things that must happen in order for you, as a criminal defendant, to receive justice. If you did nothing wrong, then you should receive an acquittal and be allowed to go on about your life. Even if you were not completely blameless, justice requires that a criminal charge you face be reflective of what you did, and nothing more. If a crime has within its definition elements that simply weren’t met in your case, then you should still be entitled to an acquittal. In order to give yourself the best chance of getting true justice from the legal system, be sure you have the power and skill of an experienced Tampa Bay criminal defense lawyer on your side.

So, what do we mean when we talk about the “elements of a crime”? Here are a couple of examples, one hypothetical and one from an actual recent case.

Hypothetically, let’s say that John Doe was spotted urinating in public. There’s no evidence that he was touching or displaying himself in a sexual manner; just that he was relieving himself in the open and that his genitals were exposed. In that scenario, an attempt by the state to charge John with exposure of sexual organs could very possibly lead to a successful motion to dismiss or motion for an acquittal by the defense. Why? Because Florida law, including Supreme Court decisions, is relatively clear that simple public nudity, without something additional (such as sexual touching or some sort of vulgar/sexual display) generally does not meet the elements of that crime. If you look at the standard jury instructions judges use in court in Florida, those instructions say that this crime requires (1) nudity and/or exposure of sexual organs, (2) in public or viewable from a public place or the property of another person and (3) that the display was (or was intended to be) “vulgar, indecent, lewd, or lascivious” in nature. In John’s case, unless the state presented more evidence, it generally would fall short of meeting that final element, so it would not be entitled to a conviction. In fact, in 1994, the Second District Court of Appeal ruled for a man charged with this crime when all he had done was urinate in public.

May 8, 2019

6 Most Common Types of Personal Injury

by Blake & Dorsten, P.A.

(Note: This is a guest submission. Author information is found at the end of his article.)

The law of negligence generally determines a personal injury. It allows an individual to be compensated for all the losses originated from accidents, incidents or cases caused by the negligence of someone else.

One example of personal injury is when someone was hurt due to a defective product. This instance, however, does not immediately establish the negligence of the manufacturer. Cases about product defect are governed by the so-called legal concept named strict liability.

April 10, 2019

Getting Key Evidence Suppressed in Your Florida Criminal Case Due to an Illegal Search by the Police

by Blake & Dorsten, P.A.

The Fourth Amendment to the U.S. Constitution is one of the most important constitutional protections afforded to citizens. That constitutional amendment protects citizens from unreasonable searches and seizures by law enforcement. For example, the police cannot simply pat you down and go rummaging through your pockets for no reason. In fact, there are only a few reasons where they can engage in this kind of search. When they do so without a valid basis, that search is illegal, and the items found in the search should not be allowed as evidence at your trial. Making sure that you are getting the full protection of your constitutional rights requires many things, and one the biggest ones is a skilled Tampa Bay criminal defense attorney.

As an example of how an illegal search can occur, consider the recent case of T.N. two St. Petersburg police officers spotted T.N. sitting at a picnic table in a park that had closed 90 minutes earlier. Based on the park’s closed status, the officers approached T.N. He told them he was just leaving and headed toward his bicycle. The officers commanded T.N. to stop and, eventually grabbed the man’s bicycle so he couldn’t leave. They arrested him for violating a St. Petersburg city ordinance that bans people from being in city parks after hours.

Pursuant to that arrest, the officers searched T.N., at which point they found a concealed firearm and illegal drugs. At trial, the state charged the man with carrying a concealed firearm and two drug possession counts.

April 5, 2019

Marijuana and Driving

by Blake & Dorsten, P.A.

A new article from http://www.buyautoinsurance.com/marijuana-and-driving/

Over the last five years, there has been a gradual rolling back of the laws on marijuana in the United States. Although still illegal at a federal level, several states (and an ever-increasing number) have legalized the drug, meaning that you can now buy it over-the-counter in stores from Seattle to Denver. As with any drug, marijuana affects brain function, and, as a result, inhibits driving ability. This has led to concerns about the impact of marijuana legalization on road safety.

As the graph below shows, legalization has been driven by (or has driven) growing marijuana usage in the United States.

March 6, 2019

Let the Pros Handle It: Florida Defense Attorney Gets State’s Attorney to Drop Multiple Charges Against His Client

by Blake & Dorsten, P.A.

Sometimes, one can learn useful tips, even as a non-lawyer, from court opinions. They can highlight important legal rules or they can inform readers that the state of the law has changed. Other times, you don’t need a court opinion. A brief news story or two may tell you all you need to know. A recent incident that occurred in Central Florida is a stark reminder that the gulf between trying to handle your criminal case by yourself, as opposed to entrusting an experienced local attorney, can be very wide. In other words, don’t risk your future; contact an experienced Tampa Bay criminal defense attorney about your criminal charges right away.

The occurrence began, according to a villages-news.com report, when local police responded to an alleged disturbance during the wee hours of Nov. 30. The police spotted A.L.P., a 28-year-old woman, whom they alleged was on foot, stumbling drunk and about to drive away in a SUV. A check of her driver’s license revealed that she was driving on a restricted (“business purposes only”) license.

According to the police, they gave the woman multiple chances to call for a ride home. Instead, she allegedly fought the officers and required the threat of a taser before cooperating. As all this transpired, the police searched the woman’s vehicle and allegedly found a marijuana grinder with small amounts of the drug in it.

February 6, 2019

No Laughing Matter: Florida Man Faces Felony Charge for Stealing a Few Dollars of Over-the-Counter Meds

by Blake & Dorsten, P.A.

Today, in this age of the Internet and social media, “Florida man” has become something of a meme, as “Florida man” is arguably infamous for finding trouble in unique and sometimes head-scratching ways. Often, Internet news sources play these stories for laughs. However, these stories involve real people who are often facing really serious crimes based upon their alleged actions. While you may never be the subject of a “Florida man”-type story, what you should be sure you know is that, regardless of how ordinary or extraordinary the facts are in the criminal case facing you or a loved one, you need to be sure you have an experienced Tampa Bay criminal defense attorney on your side to ensure you or your loved one gets the justice you need.

NBC Miami recently reported on an incident it flagged as an “Only in Florida” story. P.E., a man from Pinellas County, was inside a home and approached a locked “lock box.” He broke into the box and found a bottle labeled “hydrocodone acetaminophen,” which is a powerful opioid painkiller. P.E. poured the bottle’s contents into his hands and left the home. P.E. was caught on video engaging in this theft.

According to the report, P.E. discovered, after leaving the home, that what he had was not hydrocodone, acetaminophen, or any other type of opioid. What he had was a handful of “Equate Gentle Laxatives.” “Equate” is the house brand of health and beauty products sold at Walmart stores. A bottle of 100 Equate Gentle Laxative pills, which has the same active ingredient as Dulcolax, can be purchased at Pinellas County Walmart stores for less than $5. P.E. decided to throw the pills in the trash.

January 11, 2019

A St. Petersburg Man Who Killed His Roommate Gets a New Chance to Assert His ‘Stand Your Ground’ Defense

by Blake & Dorsten, P.A.

One of the most well-known elements of Florida criminal law and procedure, at least among lay people, is this state’s “Stand Your Ground” law. This law can provide an important tool in the defense arsenal of a person accused of a violent crime who was, in fact, simply defending him/herself. Whether your criminal defense case involves an assertion of self-defense, other affirmative defenses or different trial strategies, your criminal case is too important to take chances with. Be sure you are getting the best defense possible by retaining an experienced Saint Petersburg criminal defense attorney.

While many “Stand Your Ground” cases that make news headlines involve guns, W.J.’s case was a bit different. W.J. was a St. Petersburg man who had a difficult relationship with his roommate. The two fought, but it was hardly the sort of lighthearted roommate squabbles one might see on a classic episode of The Odd Couple. This pair’s battles allegedly involved the roommate brandishing a baseball bat and threatening to kill W.J.

W.J. kept a knife on his bedside table because of his fear related to the roommate’s behavior. On the day of the roommate’s death, W.J. alleged that he awoke in his bedroom to find the roommate’s hand in his pants pocket, which was where W.J. kept his cash. A physical struggle ensued, which traveled from the bedroom to the living room to the backyard. In the backyard, W.J. finally gained control of the knife and stabbed the roommate, killing him.

December 13, 2018

How the Presence of Errors on Your Florida Criminal Scoresheet May Help You Get Your Sentence Overturned

by Blake & Dorsten, P.A.

There are many different ways to pursue justice if you’re a criminal defendant. Sometimes, the best way is to plead not guilty and to contest your case all the way through trial and any necessary appeals. Others times, however, the best path forward may be a plea agreement. Even if a “not guilty” verdict is not a viable option in your situation, there are still variables in play that can increase or decrease the severity of your criminal penalty. Getting justice can mean ensuring that you do not receive an unjust sentence based upon a bad application of the facts or the law. To get the help you need in securing the justice you deserve, be sure to retain the services of a skilled Tampa Bay criminal defense attorney.

Here’s an example involving one man who pled guilty. J.P. was facing two charges in a DUI-related matter. Both charges related to one fatal crash that took place in Broward County in June 2011, where a motorcyclist died after skidding into J.P.’s SUV. The accused man entered a guilty plea and, as part of the agreement, the state dropped count one.

That left the court to sentence J.P. on count two, which was a felony. Florida splits felony crimes into 10 categories of severity. 10 is the most severe and 1 is the least severe. There are several factors that can cause the “score” you are assessed on your scoresheet to go up. Some include if you have prior criminal convictions, if your crime injured multiple victims, if your crime resulted in a victim’s (or victims’) death or if you were on probation when you re-offended. Your score may go up in instances such as those.

November 15, 2018

When the State Can (and Cannot) Use ‘Inevitable Discovery’ to Get Evidence from a Warrantless Search Admitted in Your Florida Trial

by Blake & Dorsten, P.A.

When you’ve been accused of a particularly salacious crime, yours can be an especially difficult uphill battle. Sometimes, people may want to look more closely at the nature of the charges against you, as opposed to the actual, admissible evidence against you. Fortunately, in this state and country, you are entitled to a fair trial(regardless of the charges asserted) consisting of only that evidence that was obtained in a manner that did not violate your constitutional rights, including your right to be free from most warrantless searches and seizures. To make sure you get the fair trial and the vigorous defense you deserve, be sure you’ve contacted and retained a skilled St. Petersburg criminal defense attorney.

A.P. was a man who found himself in the type of scenario laid out above. He was on trial for 15 counts of video voyeurism. According to the state, A.P. had installed a camera in a bedroom wall in his home and used it to maintain a live video feed of the woman who lived in the room, including capturing her in “various states of undress.” The case was extremely serious for A.P., because the Florida legislature had recently upgraded the crime of video voyeurism to a felony, and the accused man faced as much as 380 years in prison if he was convicted on all charges.

The state believed it had strong evidence, as it had multiple videos taken from A.P.’s computer that appeared to depict exactly the sort of secret surveillance that the state alleged. The state, however, had one major problem, which the defense was ultimately able to use in its favor: the police didn’t have a warrant, and they also didn’t have valid consent, when they searched the computer and seized the video files.

October 12, 2018

Intellectual Impairments and Their Impact on an Accused Person’s Waiver of His ‘Miranda’ Rights in Florida

by Blake & Dorsten, P.A.

Whether you’ve dealt with the criminal justice system or you simply watch crime-themed television programs, you are probably familiar with a person’s Miranda rights. These rights are a very important part of a criminal suspect’s constitutional rights. A suspect has the right to remain silent and the right to legal counsel. If the suspect agrees to talk to police without an attorney present, then the suspect is considered to have “waived” his right to remain silent, as well as his right to counsel (during the questioning).

Obviously, one of the major keys to any successful criminal defense is keeping out evidence that is harmful to the defense case. One way that can happen is if the defendant made a statement or confession to police after waiving his Miranda rights, but that waiver wasn’t valid. A valid waiver must be “knowing,” “voluntary” and “intelligent.” There are many ways that a defendant’s waiver can be invalidated, including proof that he was confused, was intoxicated, or that he lacked the intellectual capacity to give a valid waiver. What all this establishes is that, even if a defendant confessed to the police, the defendant may still have options and opportunities to obtain an acquittal. That’s why, if you or a loved one are facing charges, don’t give up and don’t go without counsel; retain an experienced Tampa Bay criminal defense attorney to handle the case.

An example of this was on display in a recent case that originated in Polk County. J.W. was, at the time of his arrest, an 18-year-old man with cognitive delays. Two deputies from the Polk County Sheriff’s Office questioned the teen regarding an unsolved sex crime. A sergeant read J.W. his rights and he said he understood. He also signed a waiver form.