Texting While Driving Ban Targeted by Florida Legislators

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the potential ban on Texting While Driving (TWD) in Florida.

Issue:

Although Florida is one of the 15 states that has not yet banned texting while driving, the state Senate Transportation Committee voted in favor of Senate Bill 416 last week that would ban drivers from texting, e-mailing and instant messaging while driving.

SB 416 proposes to make texting while driving a noncriminal traffic violation, and texting while driving could only be charged as a secondary offense to any other criminal traffic offense.

The National Transportation Safety Board (NTSB) has also recommended that all states ban drivers from using all portable electronic devices, including any electronics used for texting, internet browsing, instant messaging and talking.  The NTSB recently stated to CNN that any form of distracted driving, including texting while driving is “the new DUI.”



Why This Matters To You:

Even though SB 416 does not make texting while driving a criminal offense by itself, anyone charged with any other criminal traffic offense, such as driving under the influence (DUI), driving with a suspended license, or vehicular homicide, could also be charged with the secondary violation of texting while driving.  Additionally, anyone caught texting while driving could face potential classification as a habitual traffic offender in St. Petersburg.

If the proposed texting while driving legislation is passed, Florida law enforcement officers will make greater efforts to charge drivers with texting while driving in additional to any other criminal traffic offenses.  Although drivers who are caught texting while driving can already be charged with reckless driving, this new legislation would drastically increase traffic charges throughout Florida.  The AAA Foundation for Traffic Safety reported in a survey that 69% of drivers admitted to talking on a cell phone while driving and 24% admitted to texting or e-mailing while driving.


What To Do Next:

If you have been charged with reckless driving, DUI, hit or run or any other traffic offense in Tampa, contact a St. Petersburg Criminal 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 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 alleged traffic offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Questionable Tactics Used by Pinellas County Law Enforcement in Marijuana Sting Operation

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the Pinellas County Sheriff’s Office tactics used during a recent undercover marijuana sting.

Issue:

The Pinellas County Sheriff’s Office recently conducted a sting to apprehend alleged marijuana growers.  In this instance, the Pinellas County Sheriff’s Office utilized some questionable tactics - they secretly videotaped customers of a Largo based hydroponic gardening shop on Ulmerton Road.  When customers visited the shop they had no idea that the Sheriff’s Office was watching and recording their license plates via a hidden camera placed on a utility pole nearby the shop.

Using the license plate, detectives ascertained the driver’s home address from Department of Motor Vehicle records and then showed up at the customers’ homes questioning if they were growing marijuana.  If the alleged offenders were not completely cooperative, detectives got search warrants which in some cases were obtained by stating that the officers could smell marijuana from outside the home - more than 50 feet away.



Why This Matters To You:

This investigation and sting by the Pinellas County Sheriff’s Office shows that law enforcement can sometimes take an aggressive approach in apprehending alleged marijuana grow house operators and drug offenders.  While hydroponics are used in some cases to grow marijuana, the water-based gardening method is used for legitimate plant and food growing as well.  The goods for sale at this store are legal, and the business is operating within the law.  Many law abiding customers frequent the store to purchase products to organically grow food and to shop for natural pesticides.

It is worrisome that law enforcement is using surveillance tactics to target a legal place of business and customers who are abiding the law shopping at the store.  It would appear that law enforcement is tying together otherwise legal activity and interpreting it as evidence that a crime may be underway.  Hydroponic gardening is legal.  Shopping at Simply Hydroponics is legal.  


What To Do Next:

If you have been charged with possession of marijuana, operating a marijuana grow house, 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).

Theft Offenses in Pinellas County Increase During the 2011-2012 Holiday Season

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how local police agencies increase enforcement during the 2011-2012 holiday season.

Issue:

A larger number of theft crimes, including armed robbery and shoplifting, have been reported throughout Florida within the past few weeks.  The Tampa Police Department and Cocoa Beach Police both report they expect to see more robberies, burglaries and retail theft than normal during the holiday season.

According to the Cocoa Beach police, many people shoplift and steal during the holidays in order to solve their money problems, such as financial hardship and job loss.  The police departments also state many alleged shoplifting and robbery offenses involve some form of drug abuse or use.

The Brevard County Sheriff’s department reports that robberies have already increased over the same time last year, from 123 holiday robberies total last year to 143 robberies so far this year.



Why This Matters To You:

Increased robberies and shoplifting offenses throughout Florida lead to increased security and more law enforcement officers looking for theft offenders.

Shoplifting or retail theft in Florida can lead to felony and misdemeanor convictions, which are punishable by jail or prison sentence and/or fines.  For example, first degree misdemeanor retail theft is punishable by up to one year in jail and/or a fine up to $1,000.

Burglary and robbery offenses in Florida can lead to even greater penalties.  Burglary is punishable as a felony of the first degree, second degree or third degree conviction.  Each of these burglary offenses can result in a prison sentence and/or a steep fine.  Armed robbery offenses are punishable as a felony of the first degree, which can result in a mandatory minimum prison sentence of ten years, and a general robbery offense is punishable as a felony of the second degree.


What To Do Next:

If you have been charged with shoplifting, burglary or robbery in Tampa, contact a St. Petersburg Theft Defense 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 alleged theft offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Pinellas County Sheriff’s Office to Conduct Sobriety Checkpoints as Holidays Approach

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the Pinellas County Sheriff’s plan for additional DUI Sobriety Checkpoints during the 2011-2012 holiday season.

Issue:

The Pinellas County Sheriff’s Office will conduct four driving under the influence of alcohol or drugs (DUI) checkpoints the weekends of December 9 – 10, 2011 and December 16 – 17, 2011.  The checkpoints will take place at multiple locations, including Madeira Beach, Clearwater and Palm Harbor.

In addition to the Pinellas County Sheriff’s Office, the following law enforcement agencies in the Tampa area will be participating in the checkpoints – the Patrol Operations Bureau, the Special Operations Division, Patrol Deputies, the Prisoner Transport Unit, Traffic Crash Investigators, Community Policing Unit, K-9 Unit, Explorer Post 900, Investigative Operations Bureau, the Narcotics Unit and the Remove Intoxicated Drivers (RID).




Why This Matters To You:

At the DUI checkpoints, about 35 to 40 law enforcement officers will be checking for drivers who are impaired by the use of drugs, controlled substances or alcohol.  Any driver suspected of DUI will be required to take a chemical breath test to check for the driver’s breath alcohol concentration level (BAC).

Although the checkpoints are intended to reduce injuries and save lives over the holidays, the checkpoints will also obviously result in increased driving under the influence charges, including underage DUI, administrative licenses suspension for DUI refusal and prescription drug DUI.  Additionally, the law enforcement officers will check for traffic offenses, such as driving without a license or registration and equipment violations.


What To Do Next:

If you have been charged with driving under the influence in the Tampa Bay area, 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 representing alleged DUI offenders throughout Pinellas County and the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Certain Instances of Assault and Battery May Be Protected Under Florida’s Stand Your Ground Law

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how Florida’s Stand Your Ground law may affect assault and battery charges.

Issue:

A Tampa man who stabbed another man in the head with an ice pick during a road rage confrontation may not be criminally charged due to Florida’s “stand your ground law.”

The altercation occurred Monday, November 21, 2011 when an older man allegedly stabbed a younger man in the head after cutting off the victim’s vehicle.  The victim sped around the alleged offender’s car, stopped his vehicle and walked toward the older man’s car.  The victim was 6-foot-3 and weighed 260 pounds.  The alleged offender was 6 feet tall and weighed 150 pounds.  The men engaged in an argument and the elder, smaller, alleged offender stabbed the larger, younger, unarmed alleged victim in the head with an ice pick. State prosecutors have yet to make a decision on whether they will file criminal charges against the older man.

Why This Matters To You:

Any individual who has been charged with battery, aggravated battery, assault, aggravated assault or domestic violence in St. Petersburg may be protected under the “stand your ground” law in Florida and avoid criminal charges or a criminal conviction for their alleged offense.

The stand your ground law basically states that any person can use deadly force and not be charged with a crime if they feel they are threatened by death or great bodily harm.  This law is also more commonly known as self-defense.  Alleged offenders may be able to use this defense even if the person they felt threatened by was not armed with any type of weapon.  Other defenses used in criminal cases that are similar to the “stand your ground” law can include justification, defense of others, and defense of property.


What To Do Next:

If you have been charged with an assault or battery offense in the Tampa Bay area, contact a St. Petersburg Assault and Battery 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 violent crime offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

Tampa Florida Targets Drug Sales & Prostitution with New Law

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a new Tampa ordinance targeting drug sales and prostitution.

Issue:

The city of Tampa, Florida has given initial approval to a new ordinance that would impose a $500 fine on drivers whose vehicles are used when either buying drugs or soliciting a prostitute.

Vehicles are typically impounded when used in the commission of certain crimes including drug sale/purchases and solicitation of prostitution.  Currently, the city of Tampa brings the vehicle to an impound lot where the cars are released once the owner pays storage and towing costs that usually are around $150.

If the ordinance passes, vehicle owners would have to pay an additional $500 fine on top of the towing and storage costs.  City leaders hope that the additional fine will dissuade people from committing vice crimes.

In Pinellas County, Florida there is already an ordinance on the books that requires a $500 fine when a vehicle is used in the commission of the crime of solicitation of prostitution.


Why This Matters To You:

Tampa Bay area counties are targeting vice crimes by imposing additional fines.  Even with local ordinances gaining approval, similar ordinances from around Florida have faced legal challenges.  In South Florida, two cases have gone to the Florida Supreme Court to challenge the ordinances.

In fact, Tampa’s own ordinances have been repealed in the past, and the city continues to rewrite them to find more solid legal ground.

The ordinance based fines described above are just another way for local cities to find revenue sources.  There are already criminal fines and punishments in place to deal with vice related crimes.  Further, the city has a very minor burden of proof to be able to impose the fines.

What To Do Next:

If you have been arrested for a drug related crime or solicitation of prostitution, contact a St. Petersburg First Time Offender 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 / Solicitation of Prostitution offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Florida's Problem with Pain Pills - Who is the Real Criminal?

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how OxyContin and other pain pills have affected Florida and the Nation at large.

Issue:

Florida law enforcement is focused on prescription drug trafficking and pain clinics that illicitly prescribe pain pills.  Pain pills are classified as opioids which is a broad category of drugs delivered from natural or synthetic forms of opium or morphine.  The brand names of these drugs include: Percocet, Vicodin, Fentanyl, and the #1 drug in the class, OxyContin (popularly known as Oxy).

While alleged drug crime offenders are vilified and prosecuted in Florida by law enforcement, the truth and circumstances behind the headlines is more complex.  Just two decades ago this class of drugs was reserved for use by terminal cancer patients.  Why?  It was (and is) widely known that this class of pain pills has a chemical composition that resembles heroin and is nearly as addictive.  Doctors 20 years ago wouldn’t typically prescribe this type of pain pill to anyone but the most severe cancer patient.

So why is it that today pain pills are widely prescribed?  The drug companies began to successfully market this class of pain pills to physicians as safe and non-addictive - and the marketing worked.  In 2010, 254 million prescriptions for opioids were filled in the U.S., according to Wall Street analysts Cowen & Co.  That is enough pain killers prescribed to medicate every American adult around the clock for a month.

As an example, OxyContin won FDA approval in 1995, but faced doctors concerns about addicition.  With powerful marketing the makers of OxyContin pushed the drug’s use into everything from backaches to arthritis while claiming through promotional videos that addiction rates were, “less than 1%.”

Why This Matters To You:

Tampa Bay law enforcement paints a picture of alleged drug crime offenders and prescription drug traffickers as hardcore criminals.  In truth, most pain pill users take the drugs at first because their doctor prescribed the pills to them.  After taking the powerful drugs they find that after months or years of taking the drugs they can’t stop.

For example, doctors found that OxyContin lasted around 8 hours instead of 12, and that patients would crash and require more and higher doses.  Even patients who took moderate doses for backaches or arthritis could find themselves addicted.

It is interesting to note that the manufacturer of OxyContin plead guilty to a felony count of misbranding in 2007 and paid a $600 million fine.  Meanwhile, this same company makes over $3 billion in sales today from a mere $45 million before they started aggressively marketing the drug.

While Tampa Bay law enforcement continues to aggressively pursue pain pill users, there is hope for those who have fallen into the trap of pain pill use and addiction.  In various Tampa Bay Counties (including Pinellas, Hillsborough, Manatee, Sarasota, and Pasco), the criminal court system recognizes that in many cases drug crimes are the result of addiction where counseling and rehabilitation offer a better alternative than court imposed punishments.  Where appropriate, drug offenders in these Counties may be admitted to a Tampa Bay area Drug Court.  The Morris Law firm has extensive experience negotiating clients entry into the Drug Court system when appropriate.  This can potentially help alleged drug crime offenders avoid a trial and permanent criminal charges on their record.


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 / Prescription Drug Trafficking offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).