Tampa Bay Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how Tampa’s Gasparilla 2012 could lead to more arrests.
Issue:
The Gasparilla Pirate Festival is held every January in Tampa, Florida. Put on by Ye Mystic Krewe of Gasparilla the boat parade, float parade down Bayshore Boulevard in Tampa, and ensuing nighttime party in downtown Tampa and Ybor City celebrates the legend of Jose Gaspar (thus Gasparilla). Jose Gaspar was supposedly a Spanish Pirate that operated in the waters around Tampa Bay.
The Gasparilla celebration brings over 400,000 people to Tampa to celebrate and imbibe. City leadership and Tampa law enforcement have stepped up efforts to control party-goers and enforce rules to limit the chaos.
Why This Matters To You:
Tampa Law Enforcement is on high alert during the Gasparilla Festival. In fact, almost all active duty officers are called on to enforce the law during the celebration weekend. Increased law enforcement coupled with a party atmosphere and a much larger than usual population in the downtown Tampa and Ybor City areas can lead to a greater number of arrests.
Tampa law enforcement including the Hillsborough County Sheriff’s Office, Tampa Police Department, and Florida Highway Patrol will be on the lookout for the following types of criminal infractions:
- Driving Under the Influence
- Public Intoxication
- Disorderly Conduct
- Public Urination
- Assault / Battery
- Possession of Marijuana
- Possession of Pills
- Possession of Cocaine
- Possession of Paraphanalia
If you have been arrested at Gasparilla:
- Don't speak to the police - ask to have an attorney present.
- Don't give a written statement – again, ask to have an attorney present.
- Contact an attorney immediately.
- Collect and document your own evidence.
What To Do Next:
If you have been arrested at Gasparilla 2012 for DUI or other criminal charges in Tampa, contact a local 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 driving under the influence offenses and many other criminal matters throughout Hillsborough County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how the FDLE attempted to validate the sometimes faulty Intoxilyzer 8000.
Issue:
The Florida Department of Law Enforcement (FDLE) recently had 15 of its employees get drunk in order to test the accuracy of their DUI chemical breath test machines, known as the breathalyzer machine or the Intoxilyzer 8000. Although the tests were conducted by a private firm, the FDLE spent over $300 on alcohol and snacks for the participants. The tests were administered after the employees were given a certain amount of alcohol.
The FDLE claims the tests were conducted in order to ensure the breathalyzer machines were taking accurate samples of breath alcohol concentration (BAC). The test results were also compared to blood alcohol concentration test samples.
Although many DUI chemical breath tests have recently been thrown out in Sarasota and Manatee County courts based on how the calibration of the testing machines might affect the readings, the FDLE claims the machines show correct results, no matter how the machine was calibrated.
Why This Matters To You:
If you have been charged with driving under the influence in Tampa due to the results of a chemical breath test, it is important to know you may be able to challenge the readings of the chemical test in court. While the Florida Department of Law Enforcement would like to hold up the results of their experiment as a, “controlled scientific test,” the results are far from scientific or valid. There were a relatively small number of participants in the test (15 to be exact), far from being statistically significant. Further, the FDLE did not report that there was a control group, or the details of their testing methodology. As well, the test was held one time and not validated. While the FDLE would like to use their test as a validation of the accuracy of the Intoxilyzer 8000, the questions around the device’s accuracy still remain and legal challenges to its results will continue.
Some of the most common reasons a breath test machine may produce inaccurate results can include:
- The machine was calibrated too high
- The machine was calibrated too low
- The person taking the test did not provide a sufficient amount of breath
- The breath test was affected by radio frequency
- The breath test was contaminated
- The machine had preexisting alcohol in the chamber
What To Do Next:
If you have been charged with drinking and driving or refusing to submit to a breath test for DUI 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 driving under the influence offenses throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how new forms of prescription painkillers may lead to more severe criminal penalties.
Issue:
Four drug companies in the United States have recently created very powerful and addictive forms of the painkiller hydrocodone, and are making plans to put the substances on the market soon. The so-called “super-painkillers” are causing individuals to fear the nation’s problem with prescription drug abuse will worsen if these substances are released. The new painkillers contain pure hydrocodone, which is a main ingredient in many painkillers currently on the market, but none contain such a concentrated amount of hydrocodone. Pharmaceutical companies are producing these new drugs because they believe the substances will generate large revenues. Although these pharmaceutical companies have been in the process of developing the substances, and many are in the final testing stages, none have yet been approved for release by the Food and Drug Administration (FDA).
Why This Matters To You:
Unlawful possession of the new super-painkillers, if placed on the market, can potentially lead to criminal charges for possession of a painkiller, prescription pill possession, prescription drug trafficking, controlled substance possession, or drug possession with intent to sell throughout the Tampa Bay, Florida area. Any of these offenses involving super-painkillers may result in more serious penalties and consequences than possession of the currently-used combination hydrocodone and acetaminophen or ibuprofen substances, such as Vicodin and Lortab.
Pure hydrocodone, which is the sole ingredient in the new super-painkillers, is classified as a Schedule II substance in the Florida Comprehensive Drug Abuse Prevention and Control Act. Under Florida law, an individual convicted of possession of a controlled substance classified in Schedule II can receive a prison sentence up to 15 years and/or a fine up to $10,000. Combination hydrocodone and acetaminophen or ibuprofen substances, such as Vicoprofen and Norco, are classified in Schedule III of the Florida Comprehensive Drug Abuse Prevention and Control Act. A conviction for a Schedule III drug offense can result in a prison sentence up to five years and/or a fine up to $5,000.
What To Do Next:
If you have been charged with possession of prescription pills, controlled substance possession, drug possession with intent to sell or drug trafficking in Tampa, contact a Criminal Defense Lawyer in St. Petersburg 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 prescription pill offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses Tampa Bay area Drug Courts and their benefits.
Issue:
A recent article in the Tampa Bay Times reported drug courts in Florida have proven to be beneficial, even though many taxpayers often oppose the program. As reported in the article, the drug court programs save the judicial system $2.21 for every dollar invested in the programs. Additionally, for every individual who participates in the drug court program, the community gains an economic benefit of $3,000. Further, individuals who participate in the program, stay clean, and are successful in the program can generally have their criminal charges dismissed, and many times their lives are saved from the negative impact of drug use.
Drug courts provide direct supervision of the offenders and are typically made up of professionals to help the drug offenders acquire treatment. These professionals can include the judge, prosecutors, public defenders, probation officers and counselors. These individuals track the offenders as they go through treatment and check on them monthly to make sure they are abiding by the rules of the drug court. Anyone who violates the terms of the program, skips counseling, is charged with an additional criminal offense, or fails a drug test can be kicked out of the drug court program.
Why This Matters To You:
If you have been charged with a drug offense in St. Petersburg, you may be eligible for a Tampa Bay area drug court program. The program is generally available to individuals who are non-violent substance abuse offenders that have committed certain misdemeanor or felony offenses. The program is voluntary and typically requires participants to attend regular court appearances, seek treatment, and attend counseling. They are also often given incentives, and sometimes, sanctions as a part of the program.
Offenses such as drug possession, prescription drug offenses and drug possession with intent to sell are usually punishable felonies or misdemeanors and can result in severe penalties, such as jail or prison sentences, a criminal record and fines. However, the drug court program allows individuals charged with criminal offenses to purse alternative punishments to jail or prison time. Drug courts also give these individuals a means to become productive members of society, improve their situation and their lives, and remain drug-free.
What To Do Next:
If you have been charged with possession of a controlled substance, prescription pill offenses, or any other drug crime in Tampa, contact a Criminal Defense Attorney in St. Petersburg 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 offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how use of social media can lead to criminal charges.
Issue:
A teenager girl was recently charged with stalking after posting messages on a classmate’s Facebook page. The posts were not necessarily threatening or intimidating, but they did contain words that could be perceived as heated or passionate.
The girls were friends who occasionally fought and were fighting at the time the messages were posted. The individual who posted the comment suspected the other student had keyed her car, and stated so in the post, along with a comment stating, “she doesn't know what's coming to her.”
As a result of the posts, the alleged juvenile offender was suspended from school and ultimately charged with stalking by the Pinellas County Sheriff’s Office.
Why This Matters To You:
If the criminal charges are not dropped this means almost anyone in Florida could be charged with a criminal offense for posting a thought or comment that was made in the heat of the moment on a Facebook wall or through some other form of social media. Although to most people, posting heated words on the Internet would be against sound judgment, posting words that do not contain any direct threat or intent to cause any harm are not grounds for criminal charges as serious as stalking.
According to Florida law, stalking is defined as repeatedly following, harassing or cyberstalking another person, and is punishable as a misdemeanor or felony offense. Cyberstalking involves directing words, images or language at a specific person through electronic communication that causes that person severe emotional distress and serves no legitimate purpose. This type of stalking offense can lead to a misdemeanor conviction, which is punishable by up to 12 months in jail and/or a fine up to $1,000.
Additionally, a conviction for a juvenile offense in Pinellas County can lead to serious repercussions if the juvenile is tried as an adult, including a possibly permanent criminal record, an inability to be admitted into certain college or graduate school programs, and ineligibility to pursue certain professions or occupations. A juvenile could also face confinement in a juvenile detention center, loss of a driver’s license, be subject to curfew, and/or complete community service.
What To Do Next:
If you have been charged with a juvenile crime, stalking or cyberstalking in Tampa, contact a Cyberstalking Criminal Defense Lawyer in St. Petersburg 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 and domestic violence offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).
