Pinellas Narcotics Detective Resigns

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent resignation of a Pinellas County Narcotics Detective based on evidence the Sheriff’s Office had against him.

Issue:

In late 2011 the Pinellas County Sheriff’s Office Narcotics Unit carried out a questionable sting operation on citizens that frequented a legal hydroponics gardening store in Largo.  Allegations of trespassing and lying to get judges to issue search warrants plagued the operation led by Pinellas Narcotics Detective Michael Sciarrino.  Sciarrino was set to be interviewed under oath at an administrative hearing, instead he abruptly quit.  It is speculated that Sciarrino did not want to answer questions under oath after he read thousands of pages of investigative reports compiled by the Sheriff’s Office Internal Investigation Department.




Why This Matters To You:

The continuing turmoil at the Pinellas County Sheriff’s Office places additional doubt on whether or not the group is properly following procedures in many areas.  These events also cast doubt that Sheriff’s Officers are operating in a fair and consistent manner to alleged offenders.  

Many arrests made by the Pinellas County Sheriff’s Office have already been thrown out, and as additional facts come to light more may follow.  Alleged criminal offenders that have been arrested by the Pinellas County Sheriff’s Office, especially by narcotics detectives, may have been arrested using questionable tactics that produced potentially inaccurate affidavits of arrest, which may be grounds for the dismissal of the criminal charges.

What To Do Next:

If you have been arrested by the Pinellas County Sheriff’s Office in the Tampa Bay area and feel that your charges may be questionable, contact the Morris Law Firm, a St. Petersburg based Criminal Defense Law Firm 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 (found on our main web site) 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 felony offenders throughout the Tampa Bay Florida area including Pinellas and Hillsborough Counties.

Unwise Use of Social Media Can Bring Criminal Charges in Tampa Bay

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how the unwise use of social media sites such as Facebook can bring criminal charges.

Issue:

There have been many examples of seemingly innocuous use of social media sites such as Facebook that have ended with the user facing criminal charges.  Most recently, a group of friends who planned to party at Fort De Soto Park in Pinellas County posted images of their libations that they appropriately dubbed the “mountain of booze,” to sites such as Facebook (through the Socialcam app) and YouTube.  Unfortunately for the revelers, a park volunteer had a Google Alert setup to send a message when anything was posted online regarding “Fort De Soto Park.”  The volunteer alerted park security who trespassed the organizer of the group who had made the reservation.  The trespass can come with a criminal charge which is a second degree misdemeanor.



Why This Matters To You:

In this case, the alleged offenders were simply using social media like so many others do.  With advances in technology authorities and law enforcement are able to closely monitor online activity that may violate the law and respond almost immediately.  In the case of the Fort De Soto partiers, authorities trespassed and escorted the party off the premises before the party even began.  The organizer may face a second degree misdemeanor which is punishable by up to 60 days in jail and a $500 fine.

Users of social media sites should be aware that over-sharing can bring criminal charges.  The Fort De Soto partiers posted a video that detailed both the exact quantities of alcohol they had on hand (none of which is allowed in a Pinellas County park) and their exact location.  In other cases of social media use leading to criminal charges, users have posted threats or actual evidence of a crime they have committed including photos and/or videos.  While the users may think that this information may not bring criminal charges, it in fact can be used by law enforcement as evidence of a crime.


What To Do Next:

If you have been charged with criminal offense in the Tampa Bay area, contact the Morris Law Firm, a St. Petersburg based Criminal Defense Law Firm that works with first time offenders 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 (found on our main web site) 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 felony offenders throughout the entire Tampa Bay, FL area, including Pinellas and Hillsborough counties.

Florida Stand Your Ground Law Under Review

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses recent scrutiny over the Florida Stand Your Ground law.

Issue:

Stand Your Ground laws are also known as Justifiable Use of Force laws.  The Florida Stand Your Ground law has been in effect since 2005, and has been used as a successful criminal defense in cases where self defense is utilized to justify the use of deadly force.  The law’s invocation as a defense in several recent high profile cases, including the Trayvon Martin case, has caused Governor Rick Scott to convene a statewide task force to review the Stand Your Ground Law.



Why This Matters To You:

Florida’s Stand Your Ground law is under tremendous pressure as the application of the law has been called into question in several high profile cases.  While the Stand Your Ground law is often invoked in cases of shootings that result in death, the law has also been used by defendants in domestic violence cases, and battery cases where the victim suffered non-lethal injuries.  Since a Supreme Court ruling in 2010, trial judges must hold a hearing any time a defendant asks for it and then give a ruling based on the “preponderance of the evidence” that there was a justifiable use of force.

Now, the governor’s task force is reviewing the law to ensure its application is appropriate.  Additionally, state senator Chris Smith (D-Fort Lauderdale) is seeking to revise the law to potentially make the self-defense claim less available to defendants.  Smith’s proposal includes utilizing a grand jury to decide whether or not to bring charges in cases of self-defense.

What To Do Next:

If you have been charged with battery or aggravated battery in the Tampa Bay area, contact the Morris Law Firm, a St. Petersburg based Criminal Defense Law Firm 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 (found on our main web site) 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 felony offenders throughout the entire Tampa Bay, FL area, including Pinellas and Hillsborough counties.

Pinellas County Sheriff’s Office Under Fire Again

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent turmoil affecting the Pinellas County Sheriff’s Office.

Issue:

In late 2011 the Pinellas County Sheriff’s Office Narcotics Unit carried out a questionable sting operation on citizens that frequented a legal hydroponics gardening store in Largo.  More recently, an internal investigation found that patrol officers were loafing while on duty and misleading their supervisors as to their location.  Now, Sheriff Bob Gualtieri has transferred Capt. Greg Handsel out of the lead role overseeing the Administrative Investigations Unit as the Sheriff has stated that he, “wanted a fresh set of eyes on everything.”


Why This Matters To You:

The recent turmoil at the Pinellas County Sheriff’s Office places potential doubt on how the law enforcement operation is run and whether it is operating transparently and in a fair manner to alleged offenders.  The Tampa Bay Times recently analyzed the operations of the Sheriff’s internal affairs group and found that there were failures in following procedure to produce a complete investigation on several levels.

As a result of the questionable tactics in the marijuana grow house arrests, approximately 18 cases have had to be dropped by the Pinellas County State Attorney’s office.  Officers that intentionally mislead their supervisors as to their whereabouts may not be trusted to honestly and ethically enforce the law.  It now appears that with the personnel changes in the Sheriff’s Internal Investigations office that the operation is having issues policing itself.

With the above facts considered, the Pinellas County Sheriff’s office may be using questionable tactics and producing potentially inaccurate affidavits of arrest, which may be grounds for the dismissal of the criminal charges.

What To Do Next:

If you have been arrested by the Pinellas County Sheriff’s Office in the Tampa Bay area, contact the Morris Law Firm, a St. Petersburg based Criminal Defense Law Firm 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 (found on our main web site) 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 felony offenders throughout the Tampa Bay Florida area including Pinellas and Hillsborough Counties.

Florida Senate Bill 212 Potentially Limits Juvenile Sentences

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the proposed Senate Bill 212 and its potential effect on juvenile sentences.

Issue:

Florida Senate Bill 212 seeks to give juveniles who committed non-homicidal crimes the opportunity for parole or re-sentencing after 15 years.  Inmates would only be eligible if they met certain criteria such as the level of risk the offender imposes on society; the wishes of the victim; the level of the offender’s participation in the offense; the offender’s sense of remorse; the offender’s age at the time of the offense; and their behavior while incarcerated.



Why This Matters To You:

Senate Bill 212 is a potential improvement to the sentencing laws that affect those that commit crimes as juveniles in Florida.  Although the proposed law would only affect approximately 110 inmates, it indicates that Florida lawmakers are giving additional consideration to juveniles who commit serious crimes and may be rehabilitated by the criminal justice system.

Very long sentences for a juvenile may be viewed as the equivalent of a life sentence.  The proposed Senate Bill gives some hope to juveniles convicted in the State of Florida.


What To Do Next:

If your child has been charged with a juvenile crime in Tampa, contact a St. Petersburg Juveniles Crimes Lawyer to discuss possible defenses and specific strategies that may exist in the 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).

Pinellas County Narcotics Officers’ Tactics Called into Question

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how the Pinellas County Sheriff’s Narcotics Unit arrests could be called into question.

Issue:

Late in 2011 the Pinellas County Sheriff’s Office conducted a sting to apprehend alleged marijuana growers.  In this instance, the Pinellas County Sheriff’s Office Narcotics Unit utilized questionable tactics: secretly videotaping customers of a Largo based hydroponic gardening shop, illegally entering citizen’s property, and using questionable means to obtain search warrants.  Now Sheriff Bob Gualtieri has gone on record stating that his own officers’ tactics had an, “air of deceit,” that they used, “shortcuts,” and that the entire unit was “too loose.”



Why This Matters To You:

Sheriff Bob Gualtieri has publicly stated that the Narcotic Unit’s methods were questionable at best.  In fact, the Sheriff asked the State Attorney’s Office to drop the charges against the alleged marijuana growers that were targeted in the hydroponics store sting.  Further, certain officers may face criminal charges for their actions.

This issue highlights a potential far reaching consequence of the officers’ questionable behavior:  If an officer provides sworn testimony in a criminal drug case in Pinellas County and elements of that testimony are called into question, it could very well call into question all aspects of the officers’ statements and the case itself.

Additionally, this issue touches not only the marijuana growing cases, but any case touched by the Pinellas County Sheriff’s Narcotics Unit.  As Sheriff Gualtieri has stated the activities of his officers raise, “serious questions about their veracity across the board.”


What To Do Next:

If you have been charged with a drug related offense throughout Tampa and the surrounding areas, contact a St. Petersburg Criminal 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 drug and marijuana offenders throughout Pinellas County the entire Tampa Bay, FL area, including St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton.

Florida Governor Bans New Synthetic Drugs by Signing into Law House Bill 1175 on March 23, 2012

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how the Florida House Bill signed into law that governs synthetic drugs.

Issue:

Florida Governor Rick Scott signed into law House Bill 1175 on March 23, which modifies section 893.03(1)(c) of the Florida Statutes by expanding the list of banned hallucinogenic substances in Schedule I of the Florida Comprehensive Abuse Prevention and Control Act.

Specifically, HB 1175 added certain synthetic cannabinoids and synthetic stimulants to Schedule I, such as Methyltryptamine, Ethcathinone and Benzylpiperazine. The bill added 91 new synthetic substances to Schedule I.

So many new substances were included in the Florida Comprehensive Abuse Prevention and Control Act because the chemical compounds in these substances are easy to change, which can assist alleged drug-makers, users and sellers in avoiding criminal penalties. For example, a synthetic substance could be illegal under the Florida Comprehensive Abuse Prevention and Control Act, but a slightly different molecular makeup could be legal.



Why This Matters To You:

Since this bill was signed into law, an individual could be charged with a drug crime in St. Petersburg if they allegedly commit a criminal offense with any of the newly added synthetic substances, such as possession with intent to sell or drug possession.

Many of the synthetic substances now included in section 893.03(1)(c) of the Florida Statutes are also commonly known as synthetic marijuana, bath salts, K2, potpourri and incense.

An individual charged with a criminal offense involving any of the newly added substances can possibly face a conviction for a felony of the second degree, felony of the first degree or a misdemeanor of the first degree. For example, drug possession, drug manufacturing, drug delivery and possession with intent to sell substances in Schedule I are generally punishable as a felony of the third degree, which can result in a prison sentence up to five years and/or a fine up to $5,000.

However, HB 1175 reduced the penalties an individual can face if they are convicted of three grams or less of certain types of the newly added synthetic substances in a non-powdered form. An individual charged with possession of certain synthetic cannabinoids could be convicted of a misdemeanor of the first degree, instead of a felony of the third degree, which can result in jail sentence up to one year and/or a fine up to $1,000.


What To Do Next:

If you have been charged with a drug related offense throughout Tampa and the surrounding areas, contact a St. Petersburg Criminal 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 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 representing alleged drug and marijuana offenders throughout Pinellas County the entire Tampa Bay, FL area, including St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton.

Florida Highway Patrol Will Be on Lookout for Aggressive Drivers March 30 Through April 4, 2012

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses why the Florida Highway Patrol will increase traffic enforcement from March 30th through April 4th, 2012.

Issue:

Florida Highway Patrol troopers will crackdown on aggressive vehicle drivers who engage in vehicle traffic violations that can result in a ticket or an arrest between March 30 and April 4, 2012. Some of the offenses the state troopers will look for include speeding, reckless driving, DUI, following too closely, unsafe lane changing and careless driving.

In addition to the increased efforts on Florida's highways by the Florida Highway Patrol (FHP), the Florida Department of Highway Safety and Motor Vehicles (FDHSMV) also intends to utilize billboards and radio messages to increase safe driving awareness and of the greater risk of receiving a citation or arrest for a traffic violation during this period.

According to the FHP, the purpose of the campaign is to reduce the number of commercial vehicle-related crashes and injuries and fatalities that arise from aggressive driving in Florida, in addition to raising awareness of safe driving behaviors among car and truck drivers.



Why This Matters To You:

It is very important to contact an experienced traffic crime defense lawyer in Pinellas County if you are arrested or charged with reckless driving, careless driving or aggressive driving throughout the Tampa Bay area in Florida between March 30 and April 4, 2012.

A conviction for any traffic offense in St. Petersburg and the surrounding areas can lead to serious punishments and consequences depending on the facts surrounding your offense, including jail or prison time, fines, suspension of your driving privileges, a possible criminal record, increased insurance rates and/or requirements to complete a driving safety course.

It is important to know you do not have to face a conviction if you are charged with a traffic offense in St. Petersburg. There may be defenses or mitigating factors available to the traffic crime allegations against you, including procedural or constitutional violations by FHP troopers or other law enforcement officers and/or insufficient evidence to prove you committed a traffic offense or violation. Additionally, the prosecution must first prove you committed every element of the criminal offense beyond a reasonable doubt. This can be a very difficult burden of proof to establish, and any doubt in the mind of the judge or jury can possibly result in a dismissal or reduction in the charges you are facing.


What To Do Next:

If you have been charged with a traffic-related 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 crime offenders throughout Pinellas County the entire Tampa Bay, FL area, including St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton.

Florida Highway Patrol To Increase Enforcement of Impaired Driving Over St. Patrick’s Day Weekend March 17, 2012

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how the Florida Highway Patrol will increase DUI enforcement over the March 17, 2012 St. Patrick’s Day holiday weekend.

Issue:

The Florida Highway Patrol (FHP) increased its patrol efforts during the week leading up to St. Patrick’s Day on March 17, 2012.  The holiday is often associated with increased drinking and partying throughout the nation.

The FHP’s crackdown was part of a national program known as, Drive Sober or Get Pulled Over, which is a nationwide multi-year advertising campaign sponsored by the U.S. Department of Transportation that aims to get drunk drivers off the road and involves increased law enforcement efforts in local communities including the Tampa Bay area of Florida.

The Florida Highway looked for individuals who were driving under the influence (DUI) in Pinellas County during the week of March 10 -17, as well as individuals engaging in speeding or reckless driving, and drivers without their seat belt fastened.

According to the FHP, 18,000 car crashes occurred throughout Florida in 2010 due to alcohol. These crashes resulted in nearly 800 deaths and over 12,000 injuries.



Why This Matters To You:

If you were pulled over for DUI, drinking and driving, reckless driving, or any other alcohol-related offense, such as DUI manslaughter, DUI with serious bodily injury, or DUI with property damage in St. Petersburg on St. Patrick’s Day, it is very important to contact an experienced local DUI defense attorney.  You only have 10 days to request an administrative review hearing if your driver’s license was suspended because you refused to submit to a chemical blood or breath test or failed to pass a chemical alcohol test.

Additionally, if you are convicted of a DUI offense in Florida, you can face serious penalties and repercussions, such as jail or prison time, fines, a driver’s license suspension, requirements to complete substance-abuse evaluation and treatment and/or a criminal record.

With the above said, you may not have to face a conviction for your alleged DUI offense.  There may be defenses or mitigating factors available in your defense, such as problems with the chemical alcohol test, law enforcement procedural violations, constitutional violations and/or insufficient evidence to prove your charges.  Additionally, the state prosecutor must prove you committed every element of the offense beyond a reasonable doubt.  This can be a very difficult burden of proof to satisfy, and any doubt in the mind of the judge or jury can possibly result in a dismissal or reduction in the charges against you.


What To Do Next:

If you have been charged with driving under the influence of alcohol (DUI), or reckless driving offense in the Tampa Bay area, contact a St. Petersburg Criminal Defense Lawyer to discuss possible defenses and specific strategies that may exist in your case.  Call the Morris Law Firm at 727-388-4736 for a free initial consultation on your case with an attorney.  The Morris Law Firm can help.  Attorney Melinda Morris has specific knowledge and experience in representing alleged drunk driving offenders throughout the entire Tampa Bay, Florida area (Pinellas County: St. Petersburg, Clearwater, Largo, Seminole;  Hillsborough County: Tampa; Pasco, Manatee, Sarasota, and Bradenton counties).

Morris Law Firm YouTube Channel - Criminal Attorney St. Petersburg New Videos Posted

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm introduces the Morris Law Firm’s new YouTube Channel and videos.

Issue:

The Morris Law Firm has just relaunched the Morris Law Firm YouTube Channel that contains videos about the firm and our appearances on local news stations.  The Channel will be updated to include informational videos on criminal law in the Tampa Bay Area.


Why This Matters To You:

We have just added videos that introduce the Morris Law Firm and our managing partner, Melinda Morris.  Over the coming months we will launch additional informational videos that focus on criminal defense issues that face our potential clients and affect the local Tampa Bay area community.

What To Do Next:

Watch our videos on the Morris Law Firm YouTube Channel and subscribe to our channel to be alerted to all of our upcoming videos.  If you have been charged with a crime in the Tampa Bay area, contact a St. Petersburg Criminal 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 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 representing alleged criminal offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Beachside Home Burglaries on the Rise in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how law enforcement is increasing enforcement on local burglary and theft crimes.

Issue:

Florida law enforcement officials reported 22 residential burglaries have occurred in the past six months in various beachside communities in Florida.  The burglars have been targeting homes that have sliding glass doors, and have been committing the burglaries during the day.  In many of the burglary crimes, the sliding doors were left open by the homeowners.  In other cases, the sliding doors were opened with a screwdriver or were lifted or pushed open.


Why This Matters To You:

With the increase in burglaries, Florida law enforcement officers are encouraging residents to put retention bars, channel locks or reverse locks on their sliding doors and make sure the doors are secure when they’re gone.  They are also warning residents of the increased threat of burglary and have distributed fliers with burglary prevention tips.

The increased crackdown on alleged burglary offenders will result in more arrests for burglary and theft crimes.  A conviction for burglary of an unoccupied residence in Florida is a felony of the third degree offense and can result in up to five years in prison.  Additionally, burglary of an occupied home is punishable as a felony of the second degree and can result in a prison sentence up to 15 years.  If a weapon was used during the burglary offense, the alleged offender could be charged with armed robbery, which is punishable as a felony of the first degree and can result in up to 30 years in prison.  Convicted burglars may also be required to pay a fine, repay the victim for the stolen items and/or complete community service hours.



What To Do Next:

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

Administrative License Suspension Procedures after a DUI Arrest in Florida May Soon Change

Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a proposed Bill to change administrative suspension laws for DUI in Florida.

Issue:

Senator Thad Altman (Florida Senate - R) introduced Senate Bill 864 in January, which aims to change the administrative license suspension laws for driving under the influence of alcohol in Florida.

Specifically, the propsed bill states that if a driver is pulled over on suspicion of driving under the influence, they would receive a notice to appear at a Florida Department of Highway Safety and Motor Vehicles Bureau of Administrative Review Office, in addition to receiving a notice of the license suspension.

Once the driver appears at their hearing with the FDHSMV, they may be permitted to immediately choose a “business purpose only” license, which allows the driver to operate their vehicle for limited circumstances, such as driving to and from work.



Why This Matters To You:

Currently, if you have been arrested for driving under the influence (DUI) in Florida and you refuse to submit to chemical alcohol testing or fail to pass an intoxication test, such as a blood alcohol test or a breath alcohol test, you will automatically receive notice of an administrative license suspension.

The laws surrounding DUI driver’s license suspensions in Florida currently provide the driver with an opportunity to request an administrative review hearing within ten (10) days of receiving notice of the suspension after a DUI offense.  The formal administrative review hearing allows the driver to challenge the suspension.  If the driver wins, their license will be reinstated.  If they lose, their license will remain suspended.  Currently, any driver with an administrative license suspension can request a “business purpose only” license if they do not successfully challenge their license suspension after a 30 to 90 day period has passed and they are deemed eligible.

If passed, SB 864 would limit the driver’s opportunity to request a formal administrative review hearing.  If the driver appears at the Administrative Review Hearing Office as stated in their notice and they elect to receive a “business purpose only” license, they will waive their right to challenge the suspension at a formal review hearing.  Although it may appear to be an advantage to receive a “business purpose only” license immediately, any eligible driver can receive this type of license after a certain period of time if their license has been suspended administratively.  However, the driver is not currently required to waive their rights to a formal review hearing, and if the driver wins at the formal hearing, their driving privileges will not be suspended or limited at all.


What To Do Next:

If you have been charged with driving under the influence (DUI) in or have received an administrative license suspension in Tampa, contact a St. Petersburg Criminal 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 DUI offenses and administrative license suspensions throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Synthetic Herbal Substance Sales May Soon Be Targeted in the Tampa Area

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how synthetic marijuana (herbal incense) may be targeted as an illegal substance in the Tampa Bay Area.

Issue:

The Tampa City Council recently voted unanimously to investigate what options they may have to crack down on the currently legal sales of synthetic herbal substances sold in stores throughout the city.

The city council is targeting herbal substances that are presently available for legal purchase in many neighborhood stores and are marketed with cartoon characters and brightly colored packages.  The effects of the substances are often compared to the effects of marijuana.

The council members will hear from their attorneys what choices they have in regards to restricting the sale of the substances on March 1.



Why This Matters To You:

If the Tampa City Council is ultimately permitted to curb the sales of the synthetic marijuana substances, any purchase, possession or sale of these types of substances could result in criminal drug charges or marijuana charges in the Tampa Bay area of Florida.

For example, an individual who purchases the synthetic marijuana could be charged with drug possession, which can generally result in third degree felony charges in Florida, depending on which drug schedule the substance is classified.  However, if a store or merchant continues to sell the herbal substances, they can be charged with drug possession with intent to sell or distribute, which can be punishable as a felony of the second degree offense if the substance is categorized in Schedule I or Schedule II of Florida’s Drug Abuse Prevention and Control Act.


What To Do Next:

If you have been charged with possession of drugs or marijuana in Tampa, contact a Criminal Defense Lawyer in Tampa Bay 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 drug and marijuana offenses throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).