Monday, November 28, 2011

Florida Teens Using New Methods to Consume Alcohol

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how Florida underage teens are using candy to covertly consume alcohol.

Issue:

Teenagers, students, and underage individuals throughout Florida have created a new method to ingest alcohol – through the use of gummy candies.  These candies, also known as “boozy bears” or “drunk gummies” are gummy bears and gummy worms that have been saturated with alcohol.  They look and appear just like regular gummy candies; however, they can be very potent and dangerous.

Teenagers are creating the drunk gummy bears themselves by saturating the gummies in intoxicating liquor, such as vodka or rum.  After soaking in the alcohol, the gummies increase in size, but otherwise appear to be regular gummy candies.




Why This Matters To You:

The gummy candies mask the taste and smell of liquor, so many parents or adults don’t realize juveniles are consuming alcohol.  Teens can eat several of the laced gummy candies without feeling the effects of alcohol immediately; the effect generally takes about an hour to kick in.  This can result in over-consumption of the candies, as teenagers will eat more before becoming aware of the strength of the gummy candies.

Juveniles in Florida are taking the gummy candies everywhere, from school to parties to walking down the street.  This can ultimately result in criminal charges for underage alcohol possession or criminal charges for minor in possession of alcohol (MIP).  Additionally, any juvenile who eats the gummy candies could be charged with zero tolerance driving under the influence (DUI) if they operate a motor vehicle after they consume any of the candies.


What To Do Next:

If you have been charged with a juvenile DUI or underage alcohol possession in Tampa, contact a St. Petersburg Juveniles Crimes 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 representing juvenile offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

Monday, November 21, 2011

Florida State Appeals Court Rejects Ruling on Drug Law

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the 3rd District Court of Appeal ruling on Florida's Drug Laws.


Issue:

Florida’s Drug Abuse Prevention and Control law was amended in 2002 by State lawmakers to remove the requirement of “guilty knowledge” or in legal terms, “mens rea.”

U.S. District Judge Mark Scriven of Orlando issued a ruling on July 27, 2011 that said the State drug law as amended was unconstitutional as it violates due process because the burden of proof is removed from the prosecution.

On Wednesday, November 16, 2011 Miami-Dade’s 3rd District Court of Appeal rejected Judge Scriven’s ruling.




Why This Matters To You:

The decision by the 3rd District Court of Appeal reaffirms the constitutionality of Florida’s drug laws used by prosecutors and law enforcement officers.  The ruling upholds the current laws on the books that removes the burden of authorities to have to prove that the accused had “knowledge” of the illicit nature of the drugs, and/or having to prove that the person knew they were in possession of said drugs.

With Florida’s current Drug Law upheld it is more important than ever to seek legal counsel if you have been charged with drug possession including Possession of Marijuana, Possession of Cocaine, or any other drug charge.


What To Do Next:

If you have been arrested for a drug related crime contact a St. Petersburg Drug Charges 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 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, November 18, 2011

Marijuana Bracelets a New Fad Among Tampa Bay Area Juveniles

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a new fashion trend in bracelets designed to allow covert marijuana smoking.


Issue:

Students in and around the Tampa Bay area have begun to wear bracelets that are designed to smoke hookah, but many law enforcement officials believe the bracelets may be used to smoke marijuana (also known as weed, pot or chronic) or hide other drugs or controlled substances, such as cocaine, crack, meth or heroin.

The bracelets appear to be a fashion accessory and are often made out of a macramé type weave with beads or metal details.  However, once the bracelets are taken apart, one end has a bowl with a filter.  A plastic tube is woven into the bracelet and is capped off by a bead at the end of the bracelet.  When the bead is unscrewed, the bracelet can be used as a pipe .



Why This Matters To You:

Many school officials are concerned the bracelets are drug paraphernalia used to possess marijuana and other illegal drugs, and are making efforts to have the bracelets banned, in addition to seeking criminal penalties for anyone who distributes or wears the bracelets.

This means high school and middle school students in the Tampa Bay area may wrongfully be accused of juvenile drug possession and other juvenile offenses if they wear these bracelets as a form of fashion, even if they did not use the bracelet to hide or smoke marijuana or drugs, or have any intent for the bracelet to be used for drug or marijuana purposes.

Additionally, retailers and merchants who sell the bracelets throughout the Tampa Bay area can also potentially be accused of marijuana and drug offenses, such as possessing drug paraphernalia with the intent to distribute, or manufacturing drug paraphernalia.


What To Do Next:

If you have been charged with possession of marijuana, possession of drug paraphernalia, or any other marijuana offense in the Tampa Bay area, contact a St. Petersburg Marijuana Crime 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 marijuana offenses and representing juvenile offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

Monday, November 14, 2011

New Pinellas County Florida Sheriff Cracking Down on Prescription Pill Problem

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses Pinellas County Sheriff Bob Gualtieri’s focus on prescription pills.


Issue:

Bob Gualtieri has replaced outgoing Sheriff Jim Coats as the Pinellas County Sheriff.  Just before being sworn into office on Wednesday November 9th, 2011, incoming Sheriff Gualtieri answered questions for local media and attendees at the ceremony.  Some of his comments highlighted his intent to focus on the prescription drug trafficking problem in the Tampa Bay area.




Why This Matters To You:

When asked what the biggest issue was facing the Pinellas County community, Sheriff Gualtieri responded that prescription pills are the No. 1 public safety issue.  The Sheriff’s focus on this subset of drug crimes will no doubt come with an increase in law enforcement arrests and special programs to go after alleged offenders.

In fact, Sheriff Gualtieri went on to comment that, “We have some things we’re working on, especially in the area of the prescription drugs epidemic.  I want to make sure we’re doing everything we can to reverse that trend.  It’s the No. 1 issue.  It permeates throughout our calls for service every day.  We’ve got to do something about it.”

With the Pinellas County Sheriff’s office focused on this issue and endorsing greater enforcement, there is the potential for overeager law enforcement officers to make bad arrests in an attempt to meet the office’s goals to address the issue.


What To Do Next:

If you have been arrested for a 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.  Criminal Defense Attorney Melinda Morris 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, November 11, 2011

Alleged Tampa Bay Florida Real Estate Scams Resulting in Criminal Prosecution

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses recent arrests in Tampa Bay Florida for Scheme to Defraud.

Issue:

The Florida Department of Law Enforcement and the Hillsborough County Sheriff’s Office recently began to crack down on alleged real estate scams in the Tampa area and charge individuals who had no intent to commit a crime with criminal offenses.

These alleged offenders claim they simply moved renters into homes under Florida’s adverse possession laws that allow individuals to take possession of abandoned or unoccupied property as long as they actually and continuously occupy the land and pay taxes associated with the property.

The statewide prosecutor of the Florida Attorney General’s Office has asserted these individuals are allegedly removing items that belong to the rightful owner in these homes that are vacant or unoccupied, and changing the locks on the doors.  The Hillsborough County Sheriff’s Office initially claimed the issue was a civil matter, but later decided to arrest these individuals for engaging in an elaborate scheme to defraud solely after more people began to make complaints.

The Office of the State Attorney for the Thirteenth Judicial Circuit in Hillsborough County has decided not to prosecute these types of cases, but the Florida Attorney General Statewide Prosecutor has elected to criminally prosecute these alleged offenders.



Why This Matters To You:

Individuals in Tampa who are not intentionally committing a crime, but are engaging in acts that they believe are legal are being prosecuted for criminal offenses, including perpetrating a scheme to defraud, grand theft, breaking and entering, and other organized white collar crimes.

These types of criminal offenses generally involve a required element of a mental state to intentionally or knowingly commit a crime to defraud another person.  The individuals in Tampa arrested for allegedly engaging in this real estate scheme did not intentionally or knowingly commit an illegal act; they believed what they were doing was legal under Florida’s adverse possession laws.

The adverse possession laws in Florida do not provide criminal penalties for a person making a claim under adverse possession.  If an individual attempts to adversely possess real property, the person who actually holds title to the property can only recover through a civil action.

This situation demonstrates that police officers and prosecutors in Florida can be aggressive when trying to make arrests and achieve criminal convictions.  If there is ambiguity or confusion with the laws in the state, changes should be left up to the legislature as to what constitutes a criminal act or lawful act, not police investigations and prosecutors seeking to create a questionable criminal offense.


What To Do Next:

If you have been charged with allegedly committing a white collar crime in Tampa, contact a St. Petersburg White Collar Crime 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 white collar offenses and representing alleged organized criminal offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

Tuesday, November 8, 2011

More Troopers in Florida Trained to Investigate Accidents

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the DHSMV’s plan to put more criminal traffic investigators on Florida roadways.


Issue:

The Florida Highway Safety and Motor Vehicles (FHSMV) department intends to increase the number of troopers specializing in investigating car accidents involving fatalities on the road.  The state department is increasing efforts so all troopers will be able to investigate car accidents that occur on Florida’s roadways.

The department asserts that the purpose of increasing the number of troopers is to begin an investigation immediately, as opposed to waiting for an investigator to arrive at the scene of the accident.

Currently, new recruits are being trained to investigate these accidents, and in February, current troopers will also undergo additional training to learn how to investigate accidents.



Why This Matters To You:

Additional investigative officers on Florida’s roads will undoubtedly increase the number of arrests for traffic crimes in Tampa and the surrounding areas.

Individuals who are involved in single car accidents will immediately be investigated for a variety of criminal offenses and possibly be charged with a criminal traffic offense due to inexperienced investigators who are potentially eager and overzealous.

Although increasing the number of investigators on the road will lead to faster response times to resolve fatal accidents, the efficiency will also lead to quicker criminal charges for traffic crimes such as reckless driving or driving while intoxicated (DWI).


What To Do Next:

If you have been charged with a criminal traffic offense contact a St. Petersburg Traffic Crimes 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 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.  Attorney Melinda Morris has specific knowledge and experience in defending traffic offenses and representing alleged criminal traffic offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Friday, November 4, 2011

Tampa Florida Tops for Speed Traps

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm highlights the nation’s top metro areas for speed traps.


Issue:

Speeding isn’t safe, and it is against the law.  At the same time, there are many metro areas in the United States that have arbitrarily low speed limits and a high concentration of enforcement - the very definition of a speed trap.  Speed traps - such as when the limit falls by 10 or 15 MPH in a very short distance for no apparent reason - have sprung up all over Florida and the nation.



Why This Matters To You:

The National Motorists Association (NMA) recently surveyed major metropolitan areas for speed traps (low or rapidly changing limits coupled with high enforcement rates).  They found that of the top 25 metro areas in the US, 4 were in Florida.  Tampa ranks #7, and Sarasota at #10 out of 25 only topped by Orlando at #3.

The rankings were based on the number of speed traps per 100,000 residents.

Motorists in Tampa and Sarasota, Florida should be on the lookout for rapidly changing speed limits and the prevalence of speed traps.

Here is the complete ranking:

  1. Livonia, Michigan    27.9 speed traps per 100,000 residents
  2. Windsor, Ontario    17.6
  3. Orlando, Florida    17.2
  4. Las Vegas, Nevada    11.1
  5. Denver, Colorado    10.9
  6. Reno, Nevada    10.4
  7. Tampa, Florida    8.9
  8. Colorado Springs, Colorado    7.2
  9. Austin, Texas    6.1
  10. Sarasota, Florida    6.1
  11. Portland, Oregon    5.8
  12. Jacksonville, Florida    5.4
  13. San Antonio, Texas (Bexar County)    5.3
  14. Fresno, California    5.0
  15. Hamilton, Ontario    5.0
  16. New Orleans, Louisiana    4.7
  17. Toronto, Ontario (Greater Toronto Area)    4.7
  18. Houston, Texas (Harris County)    4.0
  19. Edmonton, Alberta    3.3
  20. San Diego, California (San Diego County)    3.2
  21. Indianapolis, Indiana    3.2
  22. San Jose, California    3.1
  23. Chicago, Illinois (Cook County)    1.9
  24. Los Angeles, California (Los Angeles County)    1.6
  25. New York, New York (5 boroughs)    0.9



What To Do Next:

Paying your ticket can result in a conviction of the traffic offense on your driving record.  This leads to points on your license and a likely increase in your car insurance rates.  If you've received a traffic ticket don't simply pay the ticket without first consulting with the Morris Law Firm.  If you have been ticketed for a traffic related offense contact a St. Petersburg Traffic Offenses 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 traffic offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).