Category: Blog

Earlier this month, the U.S. Supreme Court ruled that the federal guidelines on sentencing for cocaine violations are advisory only, rejecting a lower court ruling that they are effectively mandatory. Judges must consider the Guideline range for a cocaine violation, the Court said, but may conclude that they are too harsh when considering the disparity […]

BODY: I previously authored a post entitled "Disparity in Sentencing and Crack Cocaine."  Earlier this month, the U.S. Supreme Court addressed this same issue in two different cases.  The result was a resounding win for both defendants.  In his blog entitled "Sentencing Law and Policy," Professor Douglas A. Berman summarizes the two cases as follows: […]

If you are arrested for domestic battery in Palm Beach County Florida, the good news is that you will probably be able to get out of jail either by paying a monetary bond or else by agreeing to be supervised by certain government employees who have been designated by the Court to perform that task.  The […]

FORT PIERCE — A jury deliberated for more than four hours Wednesday and will return today to mull the fate of two men accused of orchestrating a complex scheme that prosecutors say defrauded elderly investors out of millions of dollars. The jurors will meet at the federal courthouse at 9:30 a.m. to resume deliberations in […]

All police interrogations should be tape recorded so that there is an accurate record of what was said both by the suspect and by the police.  The following story about one particular interrogation illustrates this point:  NEW YORK (AP) -- A teenage suspect who secretly recorded his interrogation on an MP3 player has landed a […]

Where can convicted sex offenders live?  This is becoming an increasing problem as laws are continually being passed that limit where convicted sex offenders can live.  For instance, in Florida, persons convicted of certain sex offenses are not permitted to live within 1,000 feet of any school, day care center, park, or playground. The following […]

What is the "Ten Day Rule" in a Florida DUI case? That is the rule which says that if you have been arrested for DUI in Florida and you refused to blow into a machine or if you refused to give a sample of your blood or urine, your driver's license will be suspended for […]

Just this last week, still another story appeared in the news about a man who was a victim of mistaken identification.  That mistake resulted in his being wrongfully incarcerated in a Florida prison for almost 14 years.  The story appeared in the Sun-Sentinel on October 29, 2007 and is reprinted here in its entirety: When […]

If you are arrested in Florida, do you have to have a trial in order to resolve your case?  I am sometimes asked this question by clients who are understandably nervous about the prospect of having their case decided by a group of jurors who will be complete strangers to them.  My answer is typically no; a person […]

 I frequently receive telephone calls from people stating that they need to get their Florida criminal record sealed or expunged because it keeps rearing its ugly head whenever they apply for jobs.  I ask them what type of work they do because some jobs require that they disclose their criminal record even though it has been […]