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Articles Posted in Criminal Law

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Increased Damage Caps on Governmental Wrongdoing in Florida

The State of Florida can now be liable for up to $200,000 per person and $300,000 per tort claim, effective Oct. 1, 2011. That’s up from the $100,000 and $200,000 caps that had been in existence for lawsuits against the state, its agencies or political subdivisions. While the increase is…

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Are Drug Charges in Florida Really Unconstitutional?

Cases throughout Florida may end up coming unraveled if judges take note of what courts in Miami and Manatee County have done recently with drug cases that have been ruled unconstitutional, the Sarasota Herald-Tribune reports. Cases of drug possession and drug sales may be dropped after Judge Mary Scriven, of…

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Casey Anthony Trial: What the @#$! and Now What?

With the recent announcement of a not guilty verdict in the Casey Anthony trial, many onlookers are left to wonder how and why a case that seemed like a slam dunk could result in Casey Anthony walking free. The backlash was seen not only in emotional crowds outside the courtroom,…

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8 Quick Tips for Avoiding a DUI over the Holiday Season

For the most of us, the possibility of getting a DUI increases during the holidays. The holidays are a time when we attempt to leave work at work and spend some quality time with the ones we love. The holidays also include parties and a drink or two with old…

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Supreme Court Rules No Life Sentences for Florida Juveniles

In May, the U.S. Supreme Court ruled that juveniles who commit crimes in which no one is killed can’t be sentenced to life in prison without the possibility of parole. In the 6-3 majority opinion, Justice Anthony Kennedy wrote that the Eighth Amendment, which bans cruel and unusual punishment, forbids…

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Florida’s New ‘Bong Bill’ Becomes Law, But Will it Have Any Effect?

Where there’s smoke, there’s fire, say victorious supporters of Florida House Bill 187, the so-called “Bong Bill.” Their theory: fewer available smoking implements mean less firing up. The new law, which passed the state Senate (SB 366) and House in April during the 2010 Legislative Session, went into effect July…

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Florida Supreme Court Rules no Shackles for Juvenile Delinquents

In courtrooms around the state, it has long been the practice that juveniles were to be shackled by the wrists and ankles with belly chains, chained to furniture or chained to each other when they were brought to appear before a judge. In this 6-1 opinion, The Florida Court stated, …

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Tiger Woods and the Importance of the 5th & 6th Amendments

I received a call the other day from a friend who told me that I should write a blog post about the recent Tiger Woods auto accident issue. I was trying to think of what to write and figured that the issue may be a little overexposed, when it came…

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Broward County Judge Throws out DUI Test Results

Last week Broward County Court Judge Lee Jay Seidman concluded a four-day hearing by ruling that the accuracy of many breath tests using the Intoxilyzer 8000 has been “fatally compromised.” The Intoxilyzer 8000 is the most recent version of a device that is designed to detect the percentage of alcohol…

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Broward County Sheriff Begins Traffic Ticket Blitz

Starting this morning (3/16/09), Broward Sheriff’s Office deputies and state troopers will be conducting a ticket blitz in western Broward County. Squads will be on Interstates 75 and 595 and on the Sawgrass Expressway from 8 a.m. to 2 p.m. Monday, Tuesday and Wednesday. On Thursday, the officers will patrol…

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