St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses why Pinellas and Hillborough law enforcement are increasing their efforts around auto insurance fraud.
Issue:
Florida unfortunately holds a top spot in a number of categories the state would rather not be recognized for: unemployment, foreclosures, prescription drug trafficking, and now auto insurance fraud.
That’s right, Florida is now No. 1 nationally in auto insurance fraud.
Auto insurance fraud is the practice of staging auto accidents or submitting questionable claims to insurance companies to reap the benefits of the payouts. In Tampa alone there were 487 staged wrecks last year.
Why This Matters To You:
With many Floridians still in financial turmoil, auto insurance fraud is tempting. Some may consider that they are paying a premium to their auto insurance companies and haven’t filed a claim in many years. Others may consider Florida’s personal injury protection (PIP) law that provides $10,000 of medical coverage regardless of who is at fault.
Law abiding citizens also are affected by auto insurance fraud with Florida drivers paying on average $83 more in yearly premiums due to the costs of insurance companies covering fraudulent claims.
Auto insurance fraud is a serious crime in Florida with 667 people arrested for PIP fraud in just the last three years. Many have been convicted, and can face up to 30 years in prison given the charges.
As Florida has been recognized as a hot spot for auto insurance fraud, Pinellas and Hillsborough law enforcement agencies have increased their efforts to identify and catch perpetrators. Agents and officers are looking for the signs of fraud including minor damage to vehicles in staged accidents and brand new insurance policies being claimed against. Meanwhile detectives and undercover agents may track the movements of someone who has claimed they were disabled through an auto accident. Law enforcement is even using online social networking sites such as Facebook to track the behavior and movements of those claiming injuries to ascertain if they are fraudulent.
Increased scrutiny and focus will mean more arrests. In January alone there were 114 arrests for PIP auto fraud in Florida.
What To Do Next:
If you have been arrested for auto insurance fraud contact a St. Petersburg Insurance Fraud 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 auto insurance fraud offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the upcoming launch of Florida’s Prescription Drug Monitoring Program (PDMP) Database.
Issue:
Florida has had an approved statue on the books to implement a Prescription Drug Monitoring Program (PDMP) Database for some time. When Gov. Rick Scott took office, he and Republican House Speaker Dean Cannon objected to the database citing privacy concerns. Despite these and other objections, the Florida Department of Health green lighted the program and has enlisted a vendor to create the database.
With the legal issues resolved, and the program mandated by Florida statute, the Prescription Drug Monitoring Program Database will likely become a reality in the very near future and may hold unintended consequences for Floridians.
Why This Matters To You:
Any state run “monitoring” program should cause concerns for Floridians. While the focus of the program will be to identify and arrest pill mill operators and real drug traffickers, there is a potential for citizens to be improperly identified by the new and untested technology. Additionally, any Floridian that has or will ever receive a prescription from their physician should have patient privacy concerns regarding the database.
There are also many loopholes in the new Prescription Drug Monitoring Program. For example, there is no requirement that doctors check the database before prescribing pain pills to a patient. Thus patients may still be able to “doctor shop,” or go from physician to physician seeking the drugs they are addicted to.
The database will seek to identify pill mills that are parsing out controlled substances and pain pills including OxyContin, Vicodin, and Xanax among others, but any program that relies on technology is susceptible to errors when attempting to identify potential subjects.
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).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the possible changes the Florida Legislature is considering to eliminate minimum mandatory sentences for non-violent offenders.
Issue:
For decades Florida has had tough-on-crime laws that included minimum mandatory sentences. This has meant that judicial discretion in handing out sentences was severely limited by law. Florida law states that, for example, if you commit the crime of drug trafficking prescription pills, there is a potential minimum mandatory sentence of 3 years. Under current law, if you are found guilty, the judge has no discretion in your sentencing.
Florida law makers are now considering eliminating minimum mandatory sentencing for non-violent offenders. Their rationale includes cutting the cost of keeping non-violent offenders in prison which is borne by Florida taxpayers. As well, legislators have considered that many non-violent offenders who are subject to minimum mandatory sentencing are drug addicts who would be better and more economically served by receiving treatment as opposed to incarceration.
Why This Matters To You:
With Florida’s minimum mandatory sentencing in place, a drug addict caught carrying just one bottle of pills could be subject to a mandatory sentence of 3 years or more. Florida is combating a prescription drug problem across the state where pill mills and illicit pain clinics feed drug addiction and land non-violent offenders in the criminal justice system. In fact, one of every 10 inmates in Florida is serving time for a drug offense.
The bill (SB 1334) sponsored by Senator Ellyn Bogdanoff of Fort Lauderdale seeks to eliminate minimum mandatory sentencing which would allow judges additional discretion in their sentencing, and may allow non-violent offenders into treatment programs and drug court.
Although much of the debate in Tallahassee centers around the hot topic of prescription drugs, the proposed bill would also apply to other drug crimes such as possession of marijuana, possession of cocaine, and possession of other controlled substances.
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).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent rulings on Florida DUI Intoxilyzer evidence and how it may benefit those arrested for DUI.
Issue:
Florida utilzies the Intoxilyzer 8000 to provide evidence of Driving Under the Influence (DUI). The Intoxilyzer 8000 is an infrared spectrometry breath alcohol instrument that measures levels of intoxication by blowing into a tube connected to the device. In Florida, a blow of over .08 is considered to be over the limit.
Now, the Intoxilyzer 8000 is coming under attack by criminal defense attorneys and DUI experts who are challenging the legitimacy and accuracy of the results produced from the machine. In fact, the forensic test is being challenged in Pinellas, Hillsborough, and Sarasota counties just to name a few.
Because of the legal challenges, judges in two Florida counties (Orange and Osceola) will not allow Intoxilyzer evidence in a DUI case. The legal challenges continue to mount against the device while the Florida Department of Law Enforcement (FDLE) continues to defend the device which provides critical evidence for prosecutors to pursue those arrested for DUI.
Why This Matters To You:
Without a breath test measurement, the State Attorney is without a critical piece of evidence to convict someone accused of DUI.
The challenges to the Intoxilyzer 8000 are more than just legal wrangling. There are serious unanswered issues around the machine and its manufacturer that have not been answered while the evidence continues to be used to convict those accused of DUI. For example, the Intoxilyzer 8000 takes two readings for every breath test and also measures a control test before and after the test subject’s blow, but there is no way to be certain that even the control test is accurate. Further, there are 40 pieces of data that go into generating a breath test result from the machine - unfortunately, all of that data is deleted after the results are generated. As with any normal scientific procedure, a margin of error would be available - not so with the Intoxilyzer 8000. As well, CMI, the manufacturer of the device, has failed to allow attorneys to review the source code or software that runs the Intoxilyzer 8000 citing trade secrets.
As criminal defense attorneys continue to attack the Intoxilyzer 8000, more and more judges may stop relying on the evidence it produces. This would leave prosecutors with only the observations of police officers and witnesses to rely on for a conviction.
What To Do Next:
If you have been arrested for DUI or other drug related crimes contact a St. Petersburg DUI 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 DUI offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how St. Petersburg’s new bar closing time of 3AM has sparked more and more arrests.
Issue:
Less than 1 year ago, St. Petersburg officially changed the closing time of local bars from 2AM to 3AM in a move to compete for more business and more patrons as other local cities had later closing times.
Now the city has realized that the later closing time brings additional opportunities for criminal behavior including public intoxication, disturbances, DUI, and assault/battery.
Arrests in St. Petersburg since the new closing time went into effect have shot up 253% in the 2AM to 4AM time frame prompting the St. Petersburg Police Department to consider additional officers and patrols in the downtown area.
Why This Matters To You:
The St. Petersburg Police Department’s focus on cracking down on revelers in the downtown district and spiking arrest rates could land otherwise law abiding patrons in handcuffs. As law enforcement becomes more focused and aggressive (Mayor Bill Foster has vowed that St. Petersburg will not become another Ybor City), what has long been accepted as normal revelry, and perhaps getting a bit “out of hand” - but not subject to criminal charges - will now be vigorously pursued by law enforcement.
In many instances, individuals arrested while out partying are First Time Offenders who require aggressive criminal defense to protect their rights and provide every opportunity to avoid a criminal record which may negatively affect scholastic and job opportunities.
What To Do Next:
If you have been arrested for public intoxication, public disturbance, assault/battery, DUI or other criminal offenses contact a St. Petersburg First Time Offender 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 criminal offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the how St. Petersburg Police Department’s new task force targets Juvenile offenders.
Issue:
The St. Petersburg Police Department has recentely created a new unit called the Career Offender Tracking and Apprehension unit (COTA). The unit is intended to keep track of adult and juvenile offenders who have committed serious crimes and/or those who are at risk to have a repeat offense.
The detectives in the unit regularly check-in on offenders in their homes and create files on each offender. They check to see that they are abiding by their conditions of release and in the case of juvenile offenders attending school. By keeping close tabs on these targeted offenders, the St. Petersburg Police Department hopes to cut crime rates and recidivism.
While the unit’s intentions sound favorable, it should be noted that out of the hundreds of arrests in St. Petersburg, the COTA unit recently had 92 adults on its list while there were 175 juvenile offenders - a significant focus on youthful offenders.
Why This Matters To You:
The new St. Petersburg Police unit raises the question of whether or not law enforcement should also have the job of acting as a probation officer for juvenile offenders. It is much easier for law enforcement to immediately arrest a juvenile offender for a minor violation on the spot given the new duties of the COTA unit, whereas a normal probation officer may be given additional purview to get the youth back into line before an arrest is made on a minor violation.
Further, the detectives in the new unit are building significant dossiers on each child they are tracking including information gathered from schools, peers, and parents. This information could be used against a juvenile in court.
As well, the ability to arrest juveniles with the new COTA unit could potentially institutionalize a youthful offender before they are given the opportunity to be rehabilitized.
While Pinellas county judges and the State Attorney’s office have endorsed the COTA unit’s mission in theory, it is the job of criminal defense attorneys to defend juveniles who have fallen into the criminal justice system and require as vigorous a defense as local law enforcement is putting into their offensive tactics targeting youthful offenders.
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).
St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the recent law regulating pain clinics which could put doctors in the cross-hairs of State law enforcement.
Issue:
As Florida struggles to deal with the epidemic of pain pill abuse and trafficking, law makers have instituted regulations that cover pain clinics. Within the new law is a provision that limits the actual number of pain pill prescriptions a physician can write in a single day. While on its face this provision may seem reasonable, it comes with complexity and unintended consequences for Tampa Bay area doctors. The proposal is that each full time physician could write a maximum of 150 prescriptions per day while part time doctors could write far fewer based on hours worked.
Florida state medical boards have met to discuss the proposal and have objected to the caps. Their concerns include how state inspectors would police the new law, and the number of loop holes in the provisions.
Doctors are similarly concerned that the new regulations will increase their costs of providing care and may limit their ability to provide care to patients legitimately in need.
Why This Matters To You:
Given the new regulations and proposals, law abiding physicians could unwittingly prescribe more than the maximum number of scripts provided under the new regulations. Further, a doctor could be tempted to provide care to a patient in need of pain relief even if they have already filled their daily allowed number of prescriptions. The added complexity of complying to new legislation opens doctors and office staff to severe criminal charges including Prescription Drug Trafficking.
While Florida continues to address the issue of pain clinics and pain pill abuse, medical professionals including anesthesiologists, neurologists, psychiatrists, internists, family physicians, orthopedists, and gerontologists may find themselves in the cross-hairs of law enforcement.
What To Do Next:
If you have been arrested for Prescription Drug Trafficking, or other drug related crimes 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 and has specific knowledge and experience in defending Drug Crimes offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
