Even Apple Takes Juvenile Sexting Seriously – Effects in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the how the rise of Sexting (a felony charged as child pornography in the State of Florida) has caused Apple to patent a mechanism to keep Juvenile iPhone users from getting in trouble.

Issue:

Sexting is the act of sending sexually explicit text messages and / or multimedia messages (photos, videos) via cell phones or computers (or other electronic mechanism).

A recent national study showed one in five teenagers have sent sexy text messages with racy photos.

Sexting has become so prevalent that Apple has recently had a patent approved which the media has dubbed, “the anti-sexting patent.”  While the patent focuses on providing parental controls over language sent and received via text message, it seems reasonable that the technology could be expanded to cover photo messages in the foreseeable future.

Why This Matters To You:

Apple takes the issue of Sexting seriously enough to file for a patent on “anti-sexting technology” for their iPhone and other devices.  They are right to take this issue seriously as under the current law a minor caught Sexting with his or her peers may be guilty of child pornography, a felony in the State of Florida.

Even though most understand that Sexting is by and large youthful bad behavior, the State of Florida recognizes it as child pornography, a felony punishable by jail time and potential registration as a sex offender.  Felony criminal charges can have a painful effect on a youthful offender as it can affect their future including academic and employment opportunities, not to mention short term punishments and sanctions imposed by the Florida Juvenile Justice System.

What To Do Next:

If your child has been arrested for a Juvenile Sexual Offense, contact a St. Petersburg Juvenile Defense Attorney to discuss possible defenses and specific strategies 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 Morris Law Firm can help and has specific knowledge and experience in defending Juvenile offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

New Florida Drug Court Requirements Could Benefit Offenders

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent review of Florida Drug Courts by the Florida Legislature and how it may affect those convicted of Drug Crimes.

Issue:

The Florida Legislature’s Office of Program Policy Analysis and Government Accountability recently released a report that indicated the requirements for admitting drug offenders into Drug Court (a type of diversion program to give offenders treatment and rehabilitation instead of prison sentences) is too strict.

The Florida Legislature has poured $19M over the last year into the Florida Drug Court program in eight counties (including Pinellas, Hillsborough, and Polk) with the hope that it would save the State some $95M by diverting offenders into treatment instead of prison which can be much more expensive.

Why This Matters To You:

The review of the standards by the Florida Legislature is good news for those charged with Drug Offenses as it may allow more offenders to enter Drug Court as opposed to prison.

Today, Drug Courts cannot admit an offender if they have a probation violation for anything other than a failed drug test.  The reality is that Drug Crimes offenders often violate probation for a variety of reasons but still need the treatment available through the Drug Court system.

As well, the Florida Sentencing Guidelines utilize a point system to determine applicable criminal sentences.  Drug Courts are currently limited to taking offenders at a cap of 52 points.  Many feel this should increase to at least 60 points.

To date, the Drug Court program was to have diverted some 4000 offenders from prison, but has only accomplished approximately a third of that goal.  With this review by the Florida Legislature the guidelines for admittance to the Drug Court program may be changed providing more offenders with the rehabilitation they need.

Regardless of changes to the requirements for Drug Court, it is very important to retain a Criminal Defense Attorney with experience in the Drug Court system if you seek admittance.  In many cases, even when the offender does not fit the guidelines, an attorney can work with the prosecutor to secure entrance to the program.

What To Do Next:

If you have been arrested for Possession of a Controlled Substance, Possession of Marijuana, Possession of Drug Paraphernalia, or other drug related crime contact a St. Petersburg Drug Crimes Attorney to discuss possible defenses and specific strategies 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 Morris Law Firm can help and has specific knowledge and experience in defending Drug Crimes offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Prescription Drug (Pain Pill) Use on the Rise in Tampa Bay Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the how the rise of Prescription Drug (Pain Pill) usage may land more users in jail.

Issue:

More and more U.S. workers are under the influence of pain killers (Prescription Drugs) which could lead to workplace accidents, action by employers (up to and including firing), and criminal charges.

Quest Diagnostics, a leader in diagnostic testing, information, and services, recently reported that when viewing the statistics on U.S. workers in their Quest Diagnostics Drug Testing Index that prescription pain pill usage had risen 40% between 2005 and 2009.

Prescription pain medication, referred to as opiates, includes oxycodone (OxyContin), codeine, morphine, and hydrocodone (Vicodin) among others.  The use of these drugs jumped 18% in Quest’s tests from 2008-2009 indicating that more and more U.S. workers were being prescribed pain killers or were taking them recreationally and illegally.

Why This Matters To You:

The sharp rise in Prescription Drug use has put employers on alert.  Employers can reserve the right to have a physician examine an employee that appears to be impaired.  An employer may take action to suspend or even fire an employee who is impaired.

Additionally, individuals taking Prescription Drugs recreationally may not only be fired, but the employer may also notify law enforcement.  In this case, the individual may face criminal charges if they are found to possess pain killers without a prescription.

In Tampa Bay, law enforcement is aware of the rise of Prescription Drug use and continues to crack down on individual users, pain clinics, dealers and traffickers.

What To Do Next:

If you have been arrested for Drug Trafficking or Prescription Drug Trafficking, contact a St. Petersburg Drug Trafficking Attorney to discuss possible defenses and specific strategies 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 Morris Law Firm can help and has specific knowledge and experience in defending Drug Trafficking or Prescription Drug Trafficking offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).