Friday, October 28, 2011

Florida Police Stake Out Social Networking Sites

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how Florida Police have begun to actively monitor social networking sites including Facebook.


Issue:

The quintessential image of an undercover police stakeout has been a couple of officers in an unmarked car watching suspects with binoculars while sipping coffee and eating donuts.  Today, the officers may still be sipping coffee, but they are doing it at their desks while logged into Facebook and other social networking sites including Twitter, YouTube, and MySpace.

Law enforcement is now targeting gangs and gang members in these modern day online stakeouts.  In some cases what someone says or does (in a video) online can land them in jail.  Too often juveniles imitating gang culture or what they see in popular media can inadvertently focus law enforcement gang control efforts on them.




Why This Matters To You:

Law enforcement agencies in Florida are targeting social media sites including Facebook , Twitter, and YouTube to identify and monitor gangs and gang members.

At the same time, gang culture has seeped into popular culture infiltrating everything from music to clothing.  Juveniles often imitate what they see in movies, video games, music videos and other popular culture references to gang activity.  To law enforcement it is often difficult to tell the difference between a legitimate gang member and a youth who is just pretending or acting out lyrics from his or her favorite rap video.

In either case, law enforcement can charge juveniles with criminal activity based on what they post online.  Juveniles often post information on Facebook or videos to YouTube without thinking of the potential consequences.  Gang-like bravado and references to guns, violence, and retribution are all too common on the social networking pages of otherwise law abiding non-gang youths.  Taunting between youths can become severe, and oftentimes threats are posted online that may alone be cause for criminal charges.  Worse yet, if a juvenile actually commits a crime, all of their online activity may become additional evidence against them.


What To Do Next:

If your child has been arrested for a criminal charge, contact a St. Petersburg Juvenile Attorney to discuss possible defenses and specific strategies that may exist in your child’s case.  Call the Morris Law Firm at 727-388-4736 to discuss your child’s 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 Crimes offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Tuesday, October 25, 2011

Faulty Breathalyzer Machines Result in Inadmissible Evidence in Florida DUI Cases

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how faulty breath tests in Florida can affect a DUI conviction.


Issue:

The evidence from DUI breath tests, or breathalyzer machines, throughout Manatee and Sarasota counties in Florida has been called into question lately, as local authorities have recently discovered the machines are not being maintained and calibrated properly.

Many drivers throughout Manatee and Sarasota counties in Florida were arrested and convicted of driving under the influence of alcohol (DUI) based on the results of these faulty breath test machines, which were not recording proper breath levels.

Five different DUI Intoxilyzer 8000 machines were not calibrated, and therefore, not working properly when they were used to ascertain the breath alcohol concentration (BAC) level of around 100 individuals pulled over on suspicion of drinking and driving in Florida over a period of time dating back to 2007.




Why This Matters To You:

If you were charged with driving under the influence (DUI) in Sarasota County or Manatee County in the past few years and convicted of the offense based on the results of a breath alcohol test, there is a chance your case will be overturned if the prosecutor had no other concrete evidence to maintain the conviction.

The Florida State Attorney’s Office is currently notifying the defendants who were tested on the faulty Intoxilyzer 8000 machines to inform them the results will not be used as evidence in their DUI cases.

The use of faulty breathalyzer machines in two counties in Florida may indicate a larger problem associated with alcohol breath testing equipment.  If errors occurred in two counties in Florida, there’s a likelihood it’s also taking place in several other counties throughout the state.

This apparent problem also calls into question the reliability of alcohol breath tests in general.  If the mere failure to calibrate a breath test machine could lead to such erroneous results, then there may be several other factors influencing the so-called evidence to DUI-related offenses.

If you are facing a DUI conviction after failing a breath alcohol test, there is a probability the case against you could be dismissed based on the unreliability and obvious issues associated with the Intoxilyzer 8000 and other breath testing machines utilized throughout Florida.


What To Do Next:

If you have been charged with driving under the influence of alcohol, DUI, or other DUI-related offenses, contact a St. Petersburg DUI Lawyer to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss you 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.  Attorney Melinda Morris has specific knowledge and experience in defending DUI cases and representing alleged drunk driving offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

Friday, October 21, 2011

Of Interest: Tampa's MOSI Exhibit - Target America: Opening Eyes to the Damage Drugs Cause

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a new exhibit on loan from the Drug Enforcement Administration (DEA) Museum.


Issue:

In an effort to highlight the collateral damage drug crimes cause, the Drug Enforcement Administration (DEA) has loaned the Tampa Musuem of Science and Industry (MOSI) an exhibit called, “Target America: Opening Eyes to the Damage Drugs Cause.”  The exhibit is designed to illustrate the costs and consequences of drug crimes and related criminal activity.


Why This Matters To You:

The DEA picked Tampa, Florida as the longest standing host of the travelling exhibit for a reason - they consider Florida ground zero for the war on drugs.  The exhibit will remain at MOSI for one year.  In fact, part of the exhibit specifically highlights Florida’s connection with drug crimes including displays on: The Florida Gateway; Pill Mills and Grow Houses; Florida History Timeline and Faces & Places; Lost Potential and Getting Help; Under Surveillance; and Recognize Those Drugs.




Other displays at the exhibit include:

  1. Debris Field
  2. Cocaine Lab      
  3. Heroin Lab
  4. 9/11 Artifacts
  5. Drug production
  6. Drug Trafficking
  7. Money Laundering
  8. Methamphetamine Motel  
  9. Costs to the Environment
  10. Crack Den  
  11. Costs to Children  
  12. Lost Talent Memorial
  13. Drugs: The Brain and the Body - Prescription Drugs
  14. The Discovery Corner
  15. Breaking the Cycle


What To Do Next:

If you have been arrested for a drug related crime contact a St. Petersburg Drug Charges 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 Charges offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Friday, October 14, 2011

Motorized Bicycles in Florida Lead to Criminal Traffic Penalties

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how operating a simple motorized bicycle can turn into a Driving While License Suspended or Revoked (DWLSR) charge.

Issue:

Although motorized bicycles and Go-Peds are commonly used throughout Florida as an easy and economical form of transportation, these are actually illegal under Florida law, and the operation of one can lead to serious criminal penalties for traffic offenses.


Why This Matters To You:

As a cheaper and more fuel efficient means of transportation, many Florida residents use motorized bicycles if their driver’s license has been suspended or revoked, if they can’t afford gas or the upkeep of a traditional motor vehicle, or simply as an easier, hassle-free way to navigate through streets of Florida.

However, motorized cyclists have been pulled over recently and cited with traffic violations throughout Florida for riding on these bicycles.  According to law enforcement, motorized bicycles would have to be licensed and registered as a motor vehicle in order to be operated in public, including streets and sidewalks, in Florida.  Otherwise, the bicycle can only be used on private property.  These bicycles cannot be registered in Florida, as they are not manufactured in a way that complies with the requirements of Florida’s Motor Vehicle Safety Act.

Florida’s laws do not specifically state a completely motorized bicycle is either a motor vehicle or a bicycle.  A motor vehicle is defined to include scooters, mopeds, Go-Peds, pocket bikes, and motorized scooters.  The Florida Department of Transpiration defines a bicycle as, “Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.”

Since Florida’s law enforcement officers consider motorized bicycles to be motor vehicles, if you are caught operating one without a license because your license has been suspended or revoked due to a DUI or for another serious traffic offense, you could be charged with driving while license suspended in St. Petersburg.

Although this offense may not seem that serious, if you are on probation for a more serious criminal offense, such as a felony or driving under the influence of alcohol or drugs, you could be charged with a violation of probation in Pinellas County, and even be sent to prison or jail.

Additionally, since the motorized bicycles are illegal in public, an individual can still receive a traffic ticket for operating one – even if they do not have a suspended license or are on probation for any other criminal offense.


What To Do Next:

If you have been charged with a criminal traffic offense, such as driving with a suspended license or DUI, contact a St. Petersburg Traffic Lawyer to discuss possible defenses and specific strategies that may exist in your case. Call the Morris Law Firm at 727-388-4736 to discuss you 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 you and has specific knowledge and experience in traffic offenses and representing alleged offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).