WFLA Channel 8 and TBO.com Seek Legal Advice on Cyberstalking from St. Petersburg Morris Law Firm

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent WFLA Channel 8 News and TBO.com piece on Facebook Places and the potential legal ramifications of Cyberstalking.

Issue:

WFLA Channel 8 News and TBO.com recently interviewed the Morris Law Firm for our legal opinion on Facebook Places, the popular social networking website’s new feature that allows users to check-in using a mobile phone with GPS technology based on their current location and share that information with friends and connections on the site.  While the new feature has gained attention in the media, users need to understand the potential legal issues surrounding use of the feature.

NOTE:  While the WFLA Channel 8 News piece aired on 8/20/10, and the TBO.com article framed the issue as how the new Facebook Places feature can help small businesses, “New Facebook app can help boost business,” the interview with Morris Law Firm’s managing partner, Melinda Morris, focused on how the new feature could enable cyberstalking and issues that those accused of Cyberstalking should be aware of.  A summary of those issues are found below:

Why This Matters To You:

Facebook Places allows users to tag where they are geographically using a mobile phone with GPS capabilities.  For example, a user who goes out to dinner may update their status on Facebook to show that they are at Carrabba's Italian Grill.  Their friends can then see their location and perhaps meet up with them.  Additionally, unless the user opts out (as of this writing), Facebook Places will also list the user in “Here Now,” which is a list of all other Facebook users currently at that location, be they friends or not.

The Facebook Places feature, while perhaps useful and certainly entertaining, can in fact unwittingly and unknowingly set someone up to be accused of Cyberstalking, a serious crime under Florida law.

As stated in Florida State Statue 748.08, “Cyberstalk means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.”

Cyberstalking can include elements of following or stalking an individual, thus, Facebook Places can clearly open the door to potential accusations of Cyberstalking.  A person can now easily ascertain the exact location of friends on Facebook, and even those they may not be directly acquainted with depending on the users’ individual privacy settings.  Given the popularity of Facebook and its easy access from computers and now mobile phones, one can quickly become ensnarled in allegations of Cyberstalking.

While using Facebook Places may seem innocuous, Cyberstalking is a first degree misdemeanor punishable by up to 12 months in jail and a $1000 fine.  Aggravated Cyberstalking carries even harsher penalties as it is a third degree felony punishable by up to 5 years in prison.

In many Cyberstalking cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Victim Recantation

·         Lack of Intent

·         Alibi

·         Mistaken Identity

·         Failure to Read Miranda Warnings

[As an aside, and legal word of caution, one should carefully consider their Facebook privacy settings.  Broadcasting to the world that you and your family are on vacation could make your residence an easy target for the Facebook savvy burglar.]

What To Do Next:

If you have been arrested for Cyberstalking, contact an experienced criminal defense attorney before communicating and making statements to any law enforcement agencies or the State Attorney’s Office.  Contact the Morris Law Firm at (727) 388-4736 for a Free Initial Consultation.

If you have been arrested for Cyberstalking and/or Domestic Violence in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, or Bradenton, Manatee, Polk, Pasco, or Sarasota Counties, FL contact a St. Petersburg Cyberstalking Attorney to discuss possible defenses that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.

Stalking With the Best Intentions in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent case of a St. Petersburg father Stalking his daughter.

Issue:

A 59-year-old father was recently arrested on misdemeanor Stalking charges arising from an incident of following his 19-year-old daughter.  The St. Petersburg Police state that it is a clear case of stalking.  Meanwhile, the father contends that his daughter was troubled and he was simply concerned for her safety.

Why This Matters To You:

This case serves as an example of how there are always two sides to a story.  On one hand, the St. Petersburg Police arrest who they think to be a suspicious and potentially dangerous person who was found staking out a women’s shelter.  The father was found with a video camera to detail his daughter’s travels, equipment to disguise his appearance, and unfortunately, a gun (which under the proper circumstances is not illegal).  On the other hand, the father asserts that his daughter was on a bad path and that he was looking out for her wellbeing.  While this is an extreme example, it illustrates that there can often be a reasonable explanation for behavior that law enforcement may label as Stalking.  Even Pinellas Circuit Judge Peter Ramsberger stated at the court hearing that, “I’ve got no doubt that dad loves his daughter and wants what’s best for his daughter and thinks she’s making bad decisions.”

Stalking is a first degree misdemeanor punishable by up to 12 months in jail and a $1000 fine.  Aggravated Stalking carries even harsher penalties as it is a third degree felony punishable by up to 5 years in prison.

In many Stalking cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Victim Recantation

·         Lack of Intent

·         Alibi

·         Mistaken Identity

·         Failure to Read Miranda Warnings

What To Do Next:

If You Are Arrested For Stalking:

·         Don't speak to the police - ask to have an attorney present.

·         Don't give a written statement – again, ask to have an attorney present.

·         Contact an attorney immediately.

It is equally important to engage an attorney quickly as you have a very narrow window of time between when you are arrested and when the State Attorney’s Office makes a decision to file a criminal charge against you.  Hiring an attorney immediately to negotiate on your behalf with the State Attorney’s Office gives you the best chance of avoiding criminal charges for Stalking.

If you have been arrested for Stalking and/or Domestic Violence in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, or Bradenton, Manatee, Polk, Pasco, or Sarasota Counties, FL contact a St. Petersburg Domestic Violence Attorney to discuss possible defenses that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.

U. S. Department of Transportation Announces Nationwide Enforcement Crackdown on Drunk Driving Includes Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent announcement from the U.S. Department of Transportation on a DUI Crackdown through Labor Day, and what you should know if you’ve been arrested for DUI.

Issue:

The National Highway Traffic Safety Administration (NHTSA) recently released a report that indicated at least 17 million people have driven drunk during the course of one year, or 8 percent of all drivers.  This data was used to underscore the U.S. Department of Transportation’s (DOT) announcement of their nationwide enforcement crackdown on Drunk Driving that will run through Labor Day.

Why This Matters To You:

The U.S. DOT’s “Drunk Driving. Over the Limit. Under Arrest.” campaign was kicked off today supported by a $13M advertising and awareness budget from the NHTSA.  The campaign also focuses on underage drinkers and emphasizes the zero tolerance policy for those under 21.

The NHTSA further specified that 20 percent of survey respondents reported driving within two hours of drinking alcohol.  It was also reported that younger drivers drink more – up to 6 beverages – before getting behind the wheel.

This data is being used by the U.S. DOT to rally State and local law enforcement to focus on catching those driving under the influence through Labor Day.

Driving Under the Influence is a serious issue and should be avoided at all costs.  That said, when nationwide crackdowns are in place, the wide net can often catch those with defensible cases.

What To Do Next:

If you have been arrested for DUI, contact an experienced criminal defense attorney before communicating and making statements to any law enforcement agencies or the State Attorney’s Office.  Contact the Morris Law Firm at (727) 388-4736 for a Free Initial Consultation.

The Morris Law Firm, St. Petersburg DUI Attorney, is focused on defending DUI offenders and St. Petersburg Zero Tolerance DUI Attorney can help those under 21 arrested for DUI.  Melinda Morris, managing partner of the Morris Law Firm is a former State Prosecutor and experienced criminal defense attorney.  The Morris Law Firm will fight for your rights and defend your case seeking to minimize any negative impact on you.  The Morris Law Firm can help and has specific knowledge and experience in DUI defense for clients throughout Pinellas County and the entire Tampa Bay, FL area (St. Petersburg, Tampa, Hillsborough, Pasco, Manatee, Sarasota, and Polk).

Overreaction All Too Common in Juvenile Sexual Offenses Cases in Hillsborough County Florida

Overreaction All Too Common in Juvenile Sexual Offenses Cases

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent case of a Walker Middle School boy allegedly sexually assaulted by classmates.

Issue:

A boy attending Walker Middle School in Tampa was the alleged victim of sexual assault by his classmates in the locker room.  After a teacher heard of a bullying incident, the four defendants (classmates, and all male) were asked to provide written statements.  After the school resource deputy read the statements, a Tampa detective was called who interviewed the alleged victim for a total of 6 minutes.  Within hours, all four boys were arrested and looking at charges of felony sexual battery.

Now, nearly 16 months after the arrests, the State’s case has shrunk significantly.  Based on lack of evidence and other intervening factors that their defense counsel was able to raise, two of the boys face felony battery charges (not sexual battery) – one is looking at juvenile sanctions (as opposed to be sentenced as an adult), while the other will have his charges dropped after successfully completing a pretrial intervention program.  The other two boys are scheduled to go to trial on September 13, 2010.

Why This Matters To You:

This case serves as an example of the complex issues surrounding Juvenile Sexual Offenses, and how missteps by law enforcement and prosecutors can have far reaching effects on juveniles who need specialized criminal defense.  Juvenile Sexual Offense cases often receive special attention from the State Attorney’s Office and the media which can also lead to overreaction without proper evidence.

The Walker Middle School case highlights significant issues that affect many Juvenile Sexual Offenses cases including:

·         An inadequate interview of the alleged victim that lasted only 6 minutes - Typically, someone in the Hillsborough County State Attorney’s Office Sex Crimes Division spends significant time interviewing an alleged victim of a juvenile sexual crime

·         Inconsistent witness statements – there were widely varying accounts of what happened and when

·         Lack of physical evidence – there was no DNA evidence linking the defendants to the alleged victim

·         Procedural Issues – the alleged victim did not go for a medical exam until nearly a month after the allegations where an immediate exam is more typical

·         Affect of the Media – Many of the potential witnesses were interviewed by authorities after the case had made the headlines making their statements unreliable

In many Juvenile Sexual Offense cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Victim Recantation

·         Lack of Intent

·         Lack of Physical Evidence

·         Procedural Issues

·         Mistaken Identity

·         Failure to Read Miranda Warnings

What To Do Next:

If Your Child Is Arrested for a Juvenile Sexual Offense:

·         Do not speak to the police - ask to have an attorney present.

·         Do not give a written statement – again, ask to have an attorney present.

·         Contact an attorney immediately.

It is equally important to engage an attorney quickly as you have a very narrow window of time between when your child is arrested and when the State Attorney’s Office makes a decision to file a criminal charge against your child.  Hiring an attorney immediately to negotiate on your behalf with the State Attorney’s Office gives you the best chance of avoiding criminal charges.

If your child has been arrested for a Juvenile Sexual Offense in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, or Bradenton, Manatee, Polk, Pasco, or Sarasota Counties, FL contact a St. Petersburg Juvenile Sexual Offenses Attorney to discuss possible defenses that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney, or fill out our Online Form to be contacted for a Free Initial Consultation.

The Federal First Offender Improvement Act of 2010 – And How It May Affect Your Rights in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses The Federal First Offender Improvement Act of 2010 – and how it may affect your rights.

Issue:

The Morris Law Firm consistently works with first time offenders who often have questions about the criminal justice system and any legislation or case law that may benefit their specific case.

The Morris Law Firm is often asked about the Federal First Offender Improvement Act of 2010 (H.R. 6059) by first time offenders who want to know if such federal legislation may affect the outcome of their case.

The Federal First Offender Improvement Act of 2010 (H.R. 6059) sponsored by Rep. Pedro Pierluisi, D – Puerto Rico, seeks to amend title 18 of the United States Code, to provide for deferred sentencing and the possibility of dismissal for drug offenders, and for other purposes.  In essence, H.R. 6059 allows in specific non-violent cases for first time offenders to complete a period of probation, and then have the charge dismissed without a conviction being entered.  The result is that the first time offender can truthfully deny having been convicted of the underlying criminal offense.  The bill also allows for expungement of such a crime.

Why This Matters To You:

While the bill provides enhanced benefits for first time offenders, it has not yet been successfully passed and is currently referred to the House Committee on the Judiciary.  Some states (such as Georgia) have specific legislation in place that closely mimics H.R. 6059.  To date, Florida does not have such legislation in place.  An Act such as H.R. 6059 would preempt any state legislation.  The Morris Law Firm will closely track the progress of the Federal First Offender Improvement Act of 2010 (H.R. 6059) and other legislation that may impact our clients’ cases.  Up to date information on this legislation and other case law affecting clients’ cases can be found on the Morris Law Firm Blog – Morris Law Firm Matters.

The Morris Law Firm has experience in assisting first time offenders, and focuses on seeking dismissals, reduction in charges, pre-trial diversion, and sealing and expungement of criminal charges which closely resemble the types of benefits the Federal First Offender Improvement Act of 2010 seeks to provide.

What To Do Next:

If you have been arrested as a first time offender, contact an experienced criminal defense attorney before communicating and making statements to any law enforcement agencies or the State Attorney’s Office.  Contact the Morris Law Firm at (727) 388-4736 for a Free Initial Consultation.

The Morris Law Firm, St. Petersburg and Tampa Federal First Time Offender Act Attorney,  is focused on defending first time offenders.  Melinda Morris, managing partner of the Morris Law Firm is a former State Prosecutor and experienced criminal defense attorney.  The Morris Law Firm will fight for your rights and defend your case seeking to minimize any negative impact on you.  The Morris Law Firm can help and has specific knowledge and experience in first time offender criminal defense for clients throughout Pinellas County and the entire Tampa Bay, FL area (St. Petersburg, Tampa, Hillsborough, Pasco, Manatee, Sarasota, and Polk).

How a Text Message Can Land You In Jail – The Rise of Cyberstalking and Textual Harassment in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses How a Text Message Can Land You In Jail – The Rise of Cyberstalking and Textual Harassment.

Issue:

Coast to coast, Cyberstalking cases are on the rise.  Over one million women and 370,000 men are stalked annually in the U.S.  The percentage of stalking cases that involve, “electronic mail or electronic communication,” and are thus considered cyberstalking continue to grow as more and more people use email and texting to communicate on a regular basis.

Why This Matters To You:

We all know that it is all too easy to hit the “Send” button when there is a flare up with a partner or acquaintance.  In fact, it is far easier to have a conflict via email or texting than it is when communicating in person as the barriers to lashing out are reduced and communication becomes less inhibited when it is done from behind a keyboard or smart phone.

Oftentimes, electronic communications can flare up as the visual cues, facial expressions, tone of voice, and physical gestures normally present in face-to-face communications are not available to parties exchanging words via the internet or cell phone.  Far too often one may unintentionally use words or phrases in their electronic communication that may be interpreted as harassing.  As emails and text messages are all too easily distributed to friends, coworkers, and relatives what may have started as a private conversation can become public very quickly and may find its way into the hands of law enforcement.

Given the above, it is no wonder that cyberstalking cases are on the rise.  What may have started out as a simple disagreement can escalate quickly, and oftentimes inadvertently take on the aspects of cyberstalking necessary to be charged as a crime.

In many Cyberstalking cases there are potential defenses that may be utilized to reduce the charges, or even have the charges dropped altogether:

·         Victim Recantation
·          Lack of Intent
·         Alibi
·         Mistaken Identity
·         Failure to Read Miranda Warnings

What To Do Next:

If You Are Arrested For Cyberstalking:

·        Don't speak to the police - ask to have an attorney present.
·        Don't give a written statement – again, ask to have an attorney present.
·        Contact an attorney immediately.

It is equally important to engage an attorney quickly as you have a very narrow window of time between when you are arrested and when the State Attorney’s Office makes a decision to file a criminal charge against you.  Hiring an attorney immediately to negotiate on your behalf with the State Attorney’s Office gives you the best chance of avoiding criminal charges for Cyberstalking.

If you have been arrested for Cyberstalking and/or Domestic Violence in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, or Bradenton, Manatee County,  or Sarasota, FL contact a St. Petersburg Cyberstalking Attorney to discuss possible defenses that may exist in your case.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.

How to Improve Your Employment Opportunities If You Have a Criminal Record in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses How to Improve Your Employment Opportunities if you have a Criminal Record.

Issue:

Given our current economic situation, and the looming possibility of a double-dip recession, it is already difficult to find employment.  While a job hunt can take a long time for those with a clean record, a recently published study in the Journal of Labor Economics’ July edition stated that job hunters with a criminal record can expect a search that lasts twice as long.  To add insult to injury, those with a criminal record can also expect to earn 20 to 30 percent less than those with a clean record.

Why This Matters To You:

In a tight job market, employers are already taking every opportunity to find only the best candidates.  Given the large pool of applicants for every job, employers often throw out candidates that may have any type of criminal record, no matter how minor.  This is doubly damaging as the same study shows that recidivism increases for those who remain unemployed.

The Morris Law Firm understands your struggle, and can work with you to have your criminal record Sealed and/or Expunged which can improve your ability to pass a background check during the job application process.  Further, if you successfully Seal or Expunge your Florida criminal record, you gain the legal right to deny or fail to acknowledge anything to do with the arrest and the legal proceedings from the case itself which is extremely important during the job application process.  As well, the Morris Law Firm can direct you to local job placement programs that help reduce the amount of time spent searching for suitable employment.

What To Do Next:

Contact the Morris Law Firm to start the process of clearing your criminal record.  The Morris Law Firm has experience in Sealing or Expunging your criminal records so they will not appear on criminal background checks.

• No office visit required.
• Flat fee for Sealing or Expunging your criminal record.
• Simple Process: Take the fingerprint card we send you and get fingerprinted at any local police station and; have two (2) documents we send you notarized.  Send the fingerprint card and the two documents back to us and the Morris Law Firm will take care of the rest.
• Sealing or expunging your criminal record is a low cost investment in your future, and may improve your employment opportunities.

If you have a criminal record in St. Petersburg or Clearwater, Pinellas County, or Tampa, Hillsborough County, or Bradenton, Manatee County, or Sarasota, Florida contact a St. Petersburg Sealing and Expunging Attorney.  Call the Morris Law Firm at 727-388-4736 to discuss your case directly with an attorney.