Last Wednesday, August 17, 2011 a Miami Judge dismissed 39 drug charges, finding Florida’s drug possession law facially unconstitutional. The ruling follows an earlier ruling by a federal district court judge reaching the same conclusion. Below is a sample motion...
Yesterday, July 27, 2011, Federal District Court Judge Mary Scriven declared the criminal section of Florida’s Drug Abuse Prevention and Control Act (893.13) to be unconstitutional on its face. (See Shelton v. Department of Correction, et. al., Case No.:...
For years, Florida along with other states, has used an extra-judicial punitive system to punish individuals arrested for DUI (not convicted of DUI but simply arrested). In Florida, when a police officer arrests you for DUI and you submit to a breath test and have a...
Kudos to the Florida Supreme Court for last Thursday’s (4/14/2011) ruling that “a warrantless ‘sniff test’ by a drug detection dog conducted at the front door of a private residence is impermissible under the Fourth Amendment.” In a nutshell, based...
Let’s face it, which one of us has not felt better after a good night’s rest or a hot, delicious, meal. Now it appears that there is scientific evidence suggesting that both of these things may impact the way judges rule in criminal cases. According to the Associated...
