St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses why juveniles may be tried as adults.
Issue:
A recent Tampa, Florida case highlights how and why juvenile criminal defendants may be tried as adults.
Jared Cano, a 17-year-old accused of plotting to bomb his high school will be tried as an adult. In this case, the State Attorney’s Office determined that based on the evidence, interviews, and surrounding facts that adult charges were warranted.
While in this case it may be justified, there are many other examples where the decision to try a juvenile as an adult may be called into question.
Why This Matters To You:
The State Attorney’s Office ultimately makes the decision on whether or not to try a juvenile as an adult. The decision is usually made based on the type of crime, facts surrounding the case, as well as the prior record of the juvenile in question. When a juvenile is tried as an adult, he or she faces much greater potential punishments than those for juvenile crimes, and if convicted, a permanent adult criminal record. Additionally, certain pre-trial intervention programs traditionally available to juvenile defendants may not be available to those tried as an adult.
In some cases, a Juvenile Criminal Defense Attorney can negotiate with the State Attorney’s Office to ensure that the defendant is tried as a juvenile. This is important to avoid a potential adult criminal record, and the enhanced punishments that typically face adult defendants. An experienced Juvenile Criminal Defense Attorney can use the facts of the case as well as the juvenile defendant’s prior history and school record to avoid the State Attorney’s Office attempting to charge the defendant as an adult.
As is true with all juvenile criminal cases, early intervention and discussions with the State Attorney’s Office by a Juvenile Criminal Defense Attorney are important to adequately protect the rights of the juvenile defendant.
What To Do Next:
If your child has been charged with a crime, contact a St. Petersburg Juvenile Crimes 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 Juvenile crimes and representing First Time 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 Federal Judge’s ruling that has declared Florida’s drug law unconstitutional.
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.”
This change to the law made it possible for prosecutors to charge individuals with drug possession without having to prove that the person knew they were in possession of said drugs. A good example of this is a person who is charged with drug possession after the police find drugs in the center console of their car during a traffic stop. The individual may not have known that they were in possession of the drugs (especially if there were other individuals in the car), but until now prosecutors did not have to prove they had knowledge to charge them with the crime.
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. Judge Scriven stated that the current amended law essentially criminalizes the unknowing possession of a controlled substance.
Why This Matters To You:
Judge Scriven’s ruling to strike down Florida’s drug law may have far reaching effects.
The current amended law unconstitutionally ignores the presumption of innocence and shifts the burden of proof to the defense. With Judge Scriven’s ruling, prior criminal convictions for drug possession may be eligible for appeal. Further, those facing current charges may now have additional defenses based on knowledge of possession that they did not previously have.
Finally, it can be expected that the Florida State Legislature will amend and/or fix the current drug statute which should properly shift the burden of proof back to the prosecution and bring Florida’s drug law into line with those of other states in the nation.
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 how what you post on social media sites such as Facebook can get you arrested for Cyberstalking in Florida.
Issue:
In a moment of bad judgement individuals are sometimes tempted to write posts to the social media accounts of those they may know to purposefully harass the individual. Harassment is never acceptable, but many would not consider posting to social media site a criminal offense. The reality is that in Florida, it can be considered a crime and in some circumstances charged as Cyberstalking.
In an extreme example, recently a 24-year-old Largo, Florida man was charged with Cyberstalking in federal court and could face up to 10 years in federal prison if convicted. The man hacked into the email accounts of 19 women, and also posted unauthorized pictures and videos of them to their Facebook pages and other Internet sites.
Why This Matters To You:
Social media sites such as Facebook, Twitter, and LinkedIn (among others) are becoming more and more popular. Many people don’t understand that what they post to a social media site could be construed as a crime by law enforcement. Social media sites are becoming the defacto method to communicate, and the ease and speed by which one can immediately and without reflection post their thoughts creates the opportunity to misuse the sites to harass or cause emotional distress to another.
Unfortunately, many social media users don’t think of or realize the consequences of posting what could be considered harassing information. Depending on your social media security preferences, your posts may be seen by Friends, Friends of Friends, or anyone on the Internet - including law enforcement.
In Florida, anything posted on a social media site may be used as evidence of a crime and used against you in a court of law. The State Attorney’s Office even has the ability to subpoena records from social media sites that may show user activity and content.
What To Do Next:
You have a very narrow window of time between when you are arrested and when the State Attorney's office makes a decision to file a criminal charge against you. Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.
If you have a been charged with a crime, 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 Cybercrimes and representing First Time 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 your criminal record can affect your future.
Issue:
Nearly 65 million Americans have criminal records stemming from an arrest or conviction according to a recent report by the National Employment Law Project. A recent survey by the Society for Human Resources Management found that 90% of companies surveyed indicated that they conducted criminal background checks on prospective employees. In many cases, a criminal background can disqualify an applicant from consideration.
Why This Matters To You:
In the past, employers had a much harder time uncovering an applicant’s Florida criminal background. In many cases, time consuming and expensive manual court record searches were conducted, and oftentimes, a full criminal background search wasn’t run or required.
Today, many Florida employers run a full criminal background search on prospective employees which is far easier than in the past. The Internet along with hosts of screening companies that specialize in obtaining criminal background information have made the process simple and cost effective.
Even small employers can easily access the Pinellas County Sheriff’s Office (http://www.pcsoweb.com/pages/who_jail.html) or the Hillsborough County Sheriff’s Office (http://www.hcso.tampa.fl.us/PublicInquiry/ArrestInquiry) to see arrests and booking photos. Furhter, both Pinellas (https://pubtitles.co.pinellas.fl.us/login/loginx.jsp?goto=/mainmenux.jsp) and Hillsborough (http://www.hillsclerk.com/publicweb/Search_Court_Records.aspx) County Clerk’s offices have online record searches of court records available to anyone willing to search.
Many employers won’t hire someone with a criminal background. Further, there are no federal laws that prohibit discrimination against people with criminal records.
In addition to employment concerns, many Florida universities and colleges will not accept applicants with certain criminal histories. As well, those with a criminal record are usually not eligible for federal loans or scholarships for college.
In many cases, your criminal record may be Sealed and/or Expunged by an experienced criminal attorney, with the following benefits:
- Once the Sealing or Expungement of your Florida criminal record is granted by the Court, the charge will no longer be available as a public record.
- Additionally, if you Seal or Expunge the Florida criminal record, you gain the legal right to deny or fail to acknowledge anything to do with the arrest and the legal proceedings from the case itself.
- You can in most cases successfully pass a criminal background check.
What To Do Next:
Contact the Morris Law Firm to start the process of clearing your criminal record. The Morris Law Firm has experience in Sealing or Expunging your criminal records so they don’t appear on criminal background checks.
- No office visit required
- Flat fee for Sealing or Expunging your criminal record
- Simple Process
Sealing or expunging your criminal record is an investment in your future.
If you have a criminal record, contact a St. Petersburg Seal / Expunge Florida Criminal Records Attorney to discuss Sealing and/or Expunging eligibility 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 Sealing / Expunging Florida criminal records 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 provides an update on legislation regarding Sexting.
Issue:
Sexting is the act of sending sexually explicit messages, photographs, or videos primarily between
mobile phones but can include any type of electronic transmission.
Until recently, juveniles in Florida could be arrested and charged with child pornography (a felony) for engaging in Sexting. Legislation including HB 75 has been sponsored by Florida Representatives to reduce the consequences for children who engage in Sexting and has thus become known as the “Sexting Bill.”
Why This Matters To You:
After being delayed and bounced between the Florida House and Senate, Gov. Rick Scott finally signed the Sexting bill into law on June 21, 2011.
The new Florida law eases punishments on minors charged with Sexting. Under the new law, first-time violations for minors come with a $60 fine or 8 hours of community service. Additional violations carry stricter penalties. A second offense is considered a first-degree misdemeanor under the new law.
While the new law sets the crime of Sexting in the proper context and provides more appropriate consequences for minors, it is still a crime. Additionally, subsequent offenses carry harsher penalties that can result in serious criminal charges for juveniles.
What To Do Next:
If your child has been charged with Sexting, contact a St. Petersburg Juvenile Sexual Offenses 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 Juvenile crimes and representing First Time 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 how what you post on Facebook can get you arrested in Florida.
Issue:
“You have the right to remain silent. Anything you say or do can and will be held against you in a court of law...” We’ve all heard Miranda rights, but few believed they applied to what is posted on Facebook. Now “anything you say or do on Facebook” may be held against you in a court of law in Florida.
The most recent example is a Tampa man charged with a misdemeanor for taking a deer during the closed season for deer hunting and a second-degree misdemeanor for the illegal taking of an American alligator. The first-degree misdemeanor can result in up to 6 months in jail, and a fine up to $1000, while the second-degree misdemeanor can result in up to 3 months in jail, and a fine up to $500 - all resulting from the man posting pictures of his hunt on Facebook which were subsequently reported to the Florida Fish and Wildlife Conservation Commission.
Why This Matters To You:
With over 150 million users in the United States and growing, Facebook has become an important and widely used social networking tool. Users can very simply post Status Updates to their Walls including text, photos, and now even videos.
Unfortunately, many Facebook users don’t think of or realize the consequences of posting information to the site. Depending on your Facebook security preferences, your posts may be seen by Friends, Friends of Friends, or anyone on the Internet.
In Florida, anything posted on Facebook may be used as evidence of a crime and used against you in a court of law. The State Attorney’s Office even has the ability to subpoena records from Facebook that may show user activity and content.
Photos and postings on Facebook are being used by prosecutors to “beef up their case” and as evidence of guilt in criminal prosecutions. Always assume whatever you post on Facebook is fair game and can be used against you.
What To Do Next:
You have a very narrow window of time between when you are arrested and when the State Attorney's office makes a decision to file a criminal charge against you. Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.
If you have a been charged with a crime, 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 Cybercrimes and representing First Time Criminal Offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).
