Florida Law

Published on: March 23, 2009

Naples Criminal Defense Lawyer Prepares “Stand Your Ground” Defense after Shooting Death

According to the Collier County Sheriff’s Office, the shooting took place some time after 4 a.m. this past Friday when 44 year-old Sterlin F. Misener Jr confronted 19 year-old Patrick Hutchison after seeing the teen exit a camper that was parked in Misener’s Naples Driveway.

Misener told authorities that he awoke to the sound of a burglar alarm and shortly after saw Hutchinson exit a camper that was parked in his driveway. According to reports, a confrontation began and Misener stated that the teen lunged at him before he fired the fatal shot.

According to Florida Law, if a person has a reasonable belief that they’re in danger of death or great bodily harm, they can legally respond with deadly force. Further, that a person is presumed to have held a reasonable fear of death or great bodily harm if the intruder had forcefully and unlawfully intered a dewlling, residence, or occupied vehicle.

Published on: November 4, 2008

Deffective Miranda Warnings Could Overturn Convictions in Florida

by Leland Garvin

The Florida Supreme Court, in a 6-1 ruling, held that statements given by suspects after police administer a flawed Miranda warning may not be used as evidence against them.

In The State of Florida v. Kevin Dewayne Powell, The court found that the Tampa Police Department Miranda warnings were misleading as they suggested that a suspect in a criminal case only has the right to consult with an attorney before questioning. According to the opinion, “Both Miranda and the Florida Constitution require that a suspect be clearly informed of the right to have a lawyer present during questioning.”

This ruling is good for anyone who is the suspect of a police investigation, especially in Tampa. The opinion is also good for Florida criminal defense attorneys, who will be able to argue for the suppression of evidence in their client’s pending cases. Click here for the entire opinion http://www.floridasupremecourt.org/decisions/2008/sc07-2295.pdf

Published on: October 6, 2008

$1,000 fine for speeding 50 mph over limit takes effect in Florida

by Leland Garvin

Brazen motorcyclists and drivers now will be clobbered with a fine in the four figures — $1,000 and up — if they get busted for excessive speeding on Florida roads.

And for the bikers, there are additional new rules, including a ban on “popping wheelies,” or lifting the front wheel off the pavement.

Under a Florida law that took effect this month, drivers face a $1,000 fine for going 50 mph over the speed limit.

Published on: August 28, 2008

FHP, law enforcement agencies increasing visibility Labor Day weekend

by Leland Garvin

NAPLES — The Florida Highway Patrol announced today that it is stepping up its enforcement operations and teaming up with other law enforcement agencies across the state to prepare for the Labor Day holiday weekend.

The FHP will increase visibility and enforcement efforts beginning at 12:01 a.m. on Aug. 29 through midnight Sept. 1, according to a press release. The agency will target three specific causes of highway fatalities: speeding, impaired driving and failure to use occupant restraints.
Auxiliary and reserve troopers will be volunteering their time to assist regular troopers during the heightened holiday enforcement weekend. Full Story: http://www.naplesnews.com/news/2008/aug/28/fhp-law-enforcement-agencies-increasing-visibility/

Published on: August 26, 2008

Public defender, state attorney hurting from state budget cuts

by Leland Garvin

The state attorney’s office is also looking at about six days of furloughs for its employees if they’re not granted an exemption from budget cuts.”I am concerned about a morale issue, because I look at our folks and I can’t even hold out any hope,” State Attorney Willie Meggs said.Meggs said his employees haven’t had a raise since 2006. He also said their caseloads are increasing, because attorneys are leaving and not being replaced.

Public Defender Nancy Daniels says attorneys in her office might have to turn down cases if they can’t get any relief from budget cuts.”It’s unethical for a defense lawyer to represent so any people that they can’t do an adequate job for clients,” she said.The Office of the Public Defender currently has 60 attorneys, not including the six positions that have been eliminated since last summer. Full Story: http://tallahassee.com/apps/pbcs.dll/article?AID=/20080821/BREAKINGNEWS/80821005/-1/BREAKINGNEWS

Published on: July 9, 2008

Higher court fees offset budget shortfalls in Florida

by Leland Garvin

Contemplating divorce? As of Tuesday it cost you an extra $45. Forget to buckle your seat belt? Prepare to fork over an additional $14.50. Want to evict that tenant delinquent in the rent? It’s an extra $190.In an effort to ease budget shortfalls, the Florida Legislature voted to raise more than 140 court fees effective July 1. It’s the first time court filing fees have seen an increase since 2004, when filing fees became uniform in all of Florida’s 67 counties.

Palm Beach County Clerk of Court Sharon Bock wants the public to know that this move is from the state.”A lot of people think the courts or the clerk has some kind of ability to set these fees,” she said. “We are simply the collection agency.”

Increases range from an additional 50 cents to certify a public record to doubled fines for offenses such as driving under the influence. While the cost of a marriage license remains $93.50, filing for divorce jumped to $409 from $364. Click the following link for the whole story: http://www.sun-sentinel.com/news/local/palmbeach/sfl-flpfees0705pnjul05,0,3128762.story

Published on: April 18, 2008

Florida Senate amendment takes on ‘Truck Nutz’

by Leland Garvin

The Florida Senate on Thursday passed an amendment to impose a $60 fine on Truck Nutz, one brand name for the novelty item on vehicle trailer hitches that resemble the dangling southern end of a northbound bull.

The proposal would make displaying bull genitalia reproductions on a vehicle subject to a $60 fine, moving violations and points against a driver license. The penalties were proposed by Sen. Carey Baker, R-Eustis. Sen. Jim King, R-Jacksonville, said he had a set on one of his vehicles, which he described as “all pimped out.” They are no more than “an expression of truckliness,” he said, although he’d acceded to his wife’s request to take them off. “I find it shocking we’d tell people with metallic testicles on their bumpers that this is a violation,” said Sen. Steve Geller, D-Hallandale. “There’s got to be better things for us to spend time debating.” Geller suggested this ban might be followed by prohibiting silhouettes of nude women on truck mud flaps.
“We’re basically going to have the bumper police,” King said. “All their concerns are legitimate,” Baker said of the critics. “And I do have more important things to do this session. But I think this is important, too.” The transportation bill was debated Thursday, and a vote is expected next week. The House version, however, doesn’t include the prohibition.

Published on: April 9, 2008

Crist says he’ll likely sign guns-at-work bill

by Leland Garvin

The guns-at-work bill is on its way to the governor — who said he’s likely to sign it — after the Senate passed it Wednesday with little debate and a 26-13 vote. I’m probably gonna sign it,” Crist said afterward. “The 2nd Amendment is very important.” The governor acknowledged the intense lobbying war that preceded the bill’s passage, but added “people being protected, that’s very important to me.” Both sides, meanwhile, went into action almost immediately, urging their supporters to contact Crist with their opinions.The Florida Retail Federation, and the Florida Chamber of Commerce both opposed the bill, while support came from the NRA and other pro-gun groups…. The bill says that employees who have a concealed weapons permit can keep a gun locked in their trunks at work, even if the employer wants to ban guns on the property — something that opponents said ran contrary to private property rights. The bill also provide several exceptions, allowing defense and military contractors, corrections facilities and schools to continue to ban the weapons.
http://tallahassee.com/apps/pbcs.dll/article?AID=/20080409/CAPITOLNEWS/80409016&referrer=FRONTPAGECAROUSEL

Published on: April 1, 2008

DISORDERLY LAWMAKING

by Leland Garvin

Tallahassee Democrat, editorial, http://www.tallahassee.com, March 30, 2008.The editorial states: “Florida’s state court system is already a lean, hardworking justice machine. It operates with roughly half as many trial judges per citizen as other large states — 4.5 judges per 100,000 citizens compared with Texas with 10, for example, or the national average of 7.3 judges. A point of pride, however, is that our court system ranks near the top of the states in terms of clearing cases quickly and opinions issued per justice. Supreme Court Chief Justice Fred Lewis says much of this is due to an efficient system of top-quality paralegals and judicial assistants who keep the judges judging and the paperwork orderly and flowing. . . . A 10-percent slice of the judicial budget could be more painful than with many other agencies because it starts out with just a sliver of the state’s $70 billion budget. The state courts system consumes just 0.7 percent of the total, compared, for example, with education at 31 percent. Cutting 10 percent of a $483 million budget for one entire branch of government is dire, especially when 80 percent of that goes to the 20 circuit courts.”

Published on: March 16, 2008

Justices OK new state legal offices for poor defendants

by Leland Garvin

Five regional legal offices the state has created to represent poor defendants in special circumstances can stay open, the Florida Supreme Court ruled Thursday [March 13]. The justices reversed a judge’s ruling that the offices, which opened their doors in January, were unconstitutional because they are headed by appointed rather than elected officials. The offices handle cases public defenders cannot take for reasons that include conflicts of interest that often occur when more than one defendant is charged with the same crime. Those cases previously had been assigned to private lawyers, but the new offices are expected to do the same job at a savings of about $55 million the first year.

-We’ll have to wait and see on this one….

Full Story:
http://ap.polkonline.com/pstories/state/fl/20080313/257656307.shtml