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.
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.
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.
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.
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).
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.
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.
