Criminal Attorney St. Petersburg - Morris Law Firm

Gasparilla 2012 May Mean More Arrests in Tampa, Florida

2012-01-28T13:21:00.000-05:00

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).

Florida Department of Law Enforcement Employees Get Drunk to Test Breathalyzer Machines

2012-01-26T09:00:00.000-05:00

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).

New Super Painkillers Could Lead to Increased Drug Charges and Penalties in Florida

2012-01-23T09:00:00.000-05:00

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).

Pinellas County Drug Courts Positive to Counties, Judicial System and Defendants

2012-01-09T09:00:00.001-05:00

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).

Facebook Posts Lead to Pinellas County Cyberstalking Charges

2012-01-03T09:00:00.000-05:00

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).

Texting While Driving Ban Targeted by Florida Legislators

2011-12-26T09:00:00.001-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the potential ban on Texting While Driving (TWD) in Florida.

Issue:

Although Florida is one of the 15 states that has not yet banned texting while driving, the state Senate Transportation Committee voted in favor of Senate Bill 416 last week that would ban drivers from texting, e-mailing and instant messaging while driving.

SB 416 proposes to make texting while driving a noncriminal traffic violation, and texting while driving could only be charged as a secondary offense to any other criminal traffic offense.

The National Transportation Safety Board (NTSB) has also recommended that all states ban drivers from using all portable electronic devices, including any electronics used for texting, internet browsing, instant messaging and talking. The NTSB recently stated to CNN that any form of distracted driving, including texting while driving is “the new DUI.”

Why This Matters To You:

Even though SB 416 does not make texting while driving a criminal offense by itself, anyone charged with any other criminal traffic offense, such as driving under the influence (DUI), driving with a suspended license, or vehicular homicide, could also be charged with the secondary violation of texting while driving. Additionally, anyone caught texting while driving could face potential classification as a habitual traffic offender in St. Petersburg.

If the proposed texting while driving legislation is passed, Florida law enforcement officers will make greater efforts to charge drivers with texting while driving in additional to any other criminal traffic offenses. Although drivers who are caught texting while driving can already be charged with reckless driving, this new legislation would drastically increase traffic charges throughout Florida. The AAA Foundation for Traffic Safety reported in a survey that 69% of drivers admitted to talking on a cell phone while driving and 24% admitted to texting or e-mailing while driving.

What To Do Next:

If you have been charged with reckless driving, DUI, hit or run or any other traffic offense in Tampa, contact a St. Petersburg Criminal Defense 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 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 traffic offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Questionable Tactics Used by Pinellas County Law Enforcement in Marijuana Sting Operation

2011-12-23T15:10:00.000-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the Pinellas County Sheriff’s Office tactics used during a recent undercover marijuana sting.

Issue:

The Pinellas County Sheriff’s Office recently conducted a sting to apprehend alleged marijuana growers. In this instance, the Pinellas County Sheriff’s Office utilized some questionable tactics - they secretly videotaped customers of a Largo based hydroponic gardening shop on Ulmerton Road. When customers visited the shop they had no idea that the Sheriff’s Office was watching and recording their license plates via a hidden camera placed on a utility pole nearby the shop.

Using the license plate, detectives ascertained the driver’s home address from Department of Motor Vehicle records and then showed up at the customers’ homes questioning if they were growing marijuana. If the alleged offenders were not completely cooperative, detectives got search warrants which in some cases were obtained by stating that the officers could smell marijuana from outside the home - more than 50 feet away.

Why This Matters To You:

This investigation and sting by the Pinellas County Sheriff’s Office shows that law enforcement can sometimes take an aggressive approach in apprehending alleged marijuana grow house operators and drug offenders. While hydroponics are used in some cases to grow marijuana, the water-based gardening method is used for legitimate plant and food growing as well. The goods for sale at this store are legal, and the business is operating within the law. Many law abiding customers frequent the store to purchase products to organically grow food and to shop for natural pesticides.

It is worrisome that law enforcement is using surveillance tactics to target a legal place of business and customers who are abiding the law shopping at the store. It would appear that law enforcement is tying together otherwise legal activity and interpreting it as evidence that a crime may be underway. Hydroponic gardening is legal. Shopping at Simply Hydroponics is legal.

What To Do Next:

If you have been charged with possession of marijuana, operating a marijuana grow house, possession of drug paraphernalia, or any other marijuana offense in the Tampa Bay area, contact a St. Petersburg Marijuana Crime 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 defending marijuana offenses and representing juvenile offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

Theft Offenses in Pinellas County Increase During the 2011-2012 Holiday Season

2011-12-19T09:00:00.001-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how local police agencies increase enforcement during the 2011-2012 holiday season.

Issue:

A larger number of theft crimes, including armed robbery and shoplifting, have been reported throughout Florida within the past few weeks. The Tampa Police Department and Cocoa Beach Police both report they expect to see more robberies, burglaries and retail theft than normal during the holiday season.

According to the Cocoa Beach police, many people shoplift and steal during the holidays in order to solve their money problems, such as financial hardship and job loss. The police departments also state many alleged shoplifting and robbery offenses involve some form of drug abuse or use.

The Brevard County Sheriff’s department reports that robberies have already increased over the same time last year, from 123 holiday robberies total last year to 143 robberies so far this year.

Why This Matters To You:

Increased robberies and shoplifting offenses throughout Florida lead to increased security and more law enforcement officers looking for theft offenders.

Shoplifting or retail theft in Florida can lead to felony and misdemeanor convictions, which are punishable by jail or prison sentence and/or fines. For example, first degree misdemeanor retail theft is punishable by up to one year in jail and/or a fine up to $1,000.

Burglary and robbery offenses in Florida can lead to even greater penalties. Burglary is punishable as a felony of the first degree, second degree or third degree conviction. Each of these burglary offenses can result in a prison sentence and/or a steep fine. Armed robbery offenses are punishable as a felony of the first degree, which can result in a mandatory minimum prison sentence of ten years, and a general robbery offense is punishable as a felony of the second degree.

What To Do Next:

If you have been charged with shoplifting, burglary or robbery in Tampa, contact a St. Petersburg Theft 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 theft offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Pinellas County Sheriff’s Office to Conduct Sobriety Checkpoints as Holidays Approach

2011-12-12T09:00:00.005-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the Pinellas County Sheriff’s plan for additional DUI Sobriety Checkpoints during the 2011-2012 holiday season.

Issue:

The Pinellas County Sheriff’s Office will conduct four driving under the influence of alcohol or drugs (DUI) checkpoints the weekends of December 9 – 10, 2011 and December 16 – 17, 2011. The checkpoints will take place at multiple locations, including Madeira Beach, Clearwater and Palm Harbor.

In addition to the Pinellas County Sheriff’s Office, the following law enforcement agencies in the Tampa area will be participating in the checkpoints – the Patrol Operations Bureau, the Special Operations Division, Patrol Deputies, the Prisoner Transport Unit, Traffic Crash Investigators, Community Policing Unit, K-9 Unit, Explorer Post 900, Investigative Operations Bureau, the Narcotics Unit and the Remove Intoxicated Drivers (RID).

Why This Matters To You:

At the DUI checkpoints, about 35 to 40 law enforcement officers will be checking for drivers who are impaired by the use of drugs, controlled substances or alcohol. Any driver suspected of DUI will be required to take a chemical breath test to check for the driver’s breath alcohol concentration level (BAC).

Although the checkpoints are intended to reduce injuries and save lives over the holidays, the checkpoints will also obviously result in increased driving under the influence charges, including underage DUI, administrative licenses suspension for DUI refusal and prescription drug DUI. Additionally, the law enforcement officers will check for traffic offenses, such as driving without a license or registration and equipment violations.

What To Do Next:

If you have been charged with driving under the influence in the Tampa Bay area, contact a St. Petersburg DUI 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 DUI offenders throughout Pinellas County and the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota, Largo, Dunedin and Bradenton).

Certain Instances of Assault and Battery May Be Protected Under Florida’s Stand Your Ground Law

2011-12-09T09:00:00.012-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how Florida’s Stand Your Ground law may affect assault and battery charges.

Issue:

A Tampa man who stabbed another man in the head with an ice pick during a road rage confrontation may not be criminally charged due to Florida’s “stand your ground law.”

The altercation occurred Monday, November 21, 2011 when an older man allegedly stabbed a younger man in the head after cutting off the victim’s vehicle. The victim sped around the alleged offender’s car, stopped his vehicle and walked toward the older man’s car. The victim was 6-foot-3 and weighed 260 pounds. The alleged offender was 6 feet tall and weighed 150 pounds. The men engaged in an argument and the elder, smaller, alleged offender stabbed the larger, younger, unarmed alleged victim in the head with an ice pick. State prosecutors have yet to make a decision on whether they will file criminal charges against the older man.

Why This Matters To You:

Any individual who has been charged with battery, aggravated battery, assault, aggravated assault or domestic violence in St. Petersburg may be protected under the “stand your ground” law in Florida and avoid criminal charges or a criminal conviction for their alleged offense.

The stand your ground law basically states that any person can use deadly force and not be charged with a crime if they feel they are threatened by death or great bodily harm. This law is also more commonly known as self-defense. Alleged offenders may be able to use this defense even if the person they felt threatened by was not armed with any type of weapon. Other defenses used in criminal cases that are similar to the “stand your ground” law can include justification, defense of others, and defense of property.

What To Do Next:

If you have been charged with an assault or battery offense in the Tampa Bay area, contact a St. Petersburg Assault and Battery 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 violent crime offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

Tampa Florida Targets Drug Sales & Prostitution with New Law

2011-12-05T09:00:00.010-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a new Tampa ordinance targeting drug sales and prostitution.

Issue:

The city of Tampa, Florida has given initial approval to a new ordinance that would impose a $500 fine on drivers whose vehicles are used when either buying drugs or soliciting a prostitute.

Vehicles are typically impounded when used in the commission of certain crimes including drug sale/purchases and solicitation of prostitution. Currently, the city of Tampa brings the vehicle to an impound lot where the cars are released once the owner pays storage and towing costs that usually are around $150.

If the ordinance passes, vehicle owners would have to pay an additional $500 fine on top of the towing and storage costs. City leaders hope that the additional fine will dissuade people from committing vice crimes.

In Pinellas County, Florida there is already an ordinance on the books that requires a $500 fine when a vehicle is used in the commission of the crime of solicitation of prostitution.

Why This Matters To You:

Tampa Bay area counties are targeting vice crimes by imposing additional fines. Even with local ordinances gaining approval, similar ordinances from around Florida have faced legal challenges. In South Florida, two cases have gone to the Florida Supreme Court to challenge the ordinances.

In fact, Tampa’s own ordinances have been repealed in the past, and the city continues to rewrite them to find more solid legal ground.

The ordinance based fines described above are just another way for local cities to find revenue sources. There are already criminal fines and punishments in place to deal with vice related crimes. Further, the city has a very minor burden of proof to be able to impose the fines.

What To Do Next:

If you have been arrested for a drug related crime or solicitation of prostitution, contact a St. Petersburg First Time Offender 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 and has specific knowledge and experience in defending Drug Charges / Solicitation of Prostitution offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Florida's Problem with Pain Pills - Who is the Real Criminal?

2011-12-02T13:30:00.000-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how OxyContin and other pain pills have affected Florida and the Nation at large.

Issue:

Florida law enforcement is focused on prescription drug trafficking and pain clinics that illicitly prescribe pain pills. Pain pills are classified as opioids which is a broad category of drugs delivered from natural or synthetic forms of opium or morphine. The brand names of these drugs include: Percocet, Vicodin, Fentanyl, and the #1 drug in the class, OxyContin (popularly known as Oxy).

While alleged drug crime offenders are vilified and prosecuted in Florida by law enforcement, the truth and circumstances behind the headlines is more complex. Just two decades ago this class of drugs was reserved for use by terminal cancer patients. Why? It was (and is) widely known that this class of pain pills has a chemical composition that resembles heroin and is nearly as addictive. Doctors 20 years ago wouldn’t typically prescribe this type of pain pill to anyone but the most severe cancer patient.

So why is it that today pain pills are widely prescribed? The drug companies began to successfully market this class of pain pills to physicians as safe and non-addictive - and the marketing worked. In 2010, 254 million prescriptions for opioids were filled in the U.S., according to Wall Street analysts Cowen & Co. That is enough pain killers prescribed to medicate every American adult around the clock for a month.

As an example, OxyContin won FDA approval in 1995, but faced doctors concerns about addicition. With powerful marketing the makers of OxyContin pushed the drug’s use into everything from backaches to arthritis while claiming through promotional videos that addiction rates were, “less than 1%.”

Why This Matters To You:

Tampa Bay law enforcement paints a picture of alleged drug crime offenders and prescription drug traffickers as hardcore criminals. In truth, most pain pill users take the drugs at first because their doctor prescribed the pills to them. After taking the powerful drugs they find that after months or years of taking the drugs they can’t stop.

For example, doctors found that OxyContin lasted around 8 hours instead of 12, and that patients would crash and require more and higher doses. Even patients who took moderate doses for backaches or arthritis could find themselves addicted.

It is interesting to note that the manufacturer of OxyContin plead guilty to a felony count of misbranding in 2007 and paid a $600 million fine. Meanwhile, this same company makes over $3 billion in sales today from a mere $45 million before they started aggressively marketing the drug.

While Tampa Bay law enforcement continues to aggressively pursue pain pill users, there is hope for those who have fallen into the trap of pain pill use and addiction. In various Tampa Bay Counties (including Pinellas, Hillsborough, Manatee, Sarasota, and Pasco), the criminal court system recognizes that in many cases drug crimes are the result of addiction where counseling and rehabilitation offer a better alternative than court imposed punishments. Where appropriate, drug offenders in these Counties may be admitted to a Tampa Bay area Drug Court. The Morris Law firm has extensive experience negotiating clients entry into the Drug Court system when appropriate. This can potentially help alleged drug crime offenders avoid a trial and permanent criminal charges on their record.

What To Do Next:

If you have been arrested for a drug related crime contact a St. Petersburg Drug Charges 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 and has specific knowledge and experience in defending Drug Charges / Prescription Drug Trafficking offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Florida Teens Using New Methods to Consume Alcohol

2011-11-28T09:00:00.003-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how Florida underage teens are using candy to covertly consume alcohol.

Issue:

Teenagers, students, and underage individuals throughout Florida have created a new method to ingest alcohol – through the use of gummy candies. These candies, also known as “boozy bears” or “drunk gummies” are gummy bears and gummy worms that have been saturated with alcohol. They look and appear just like regular gummy candies; however, they can be very potent and dangerous.

Teenagers are creating the drunk gummy bears themselves by saturating the gummies in intoxicating liquor, such as vodka or rum. After soaking in the alcohol, the gummies increase in size, but otherwise appear to be regular gummy candies.

Why This Matters To You:

The gummy candies mask the taste and smell of liquor, so many parents or adults don’t realize juveniles are consuming alcohol. Teens can eat several of the laced gummy candies without feeling the effects of alcohol immediately; the effect generally takes about an hour to kick in. This can result in over-consumption of the candies, as teenagers will eat more before becoming aware of the strength of the gummy candies.

Juveniles in Florida are taking the gummy candies everywhere, from school to parties to walking down the street. This can ultimately result in criminal charges for underage alcohol possession or criminal charges for minor in possession of alcohol (MIP). Additionally, any juvenile who eats the gummy candies could be charged with zero tolerance driving under the influence (DUI) if they operate a motor vehicle after they consume any of the candies.

What To Do Next:

If you have been charged with a juvenile DUI or underage alcohol possession in Tampa, contact a St. Petersburg Juveniles Crimes 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 juvenile offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

Florida State Appeals Court Rejects Ruling on Drug Law

2011-11-21T13:00:00.006-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the 3rd District Court of Appeal ruling on Florida's Drug Laws.

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.”

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.

On Wednesday, November 16, 2011 Miami-Dade’s 3rd District Court of Appeal rejected Judge Scriven’s ruling.

Why This Matters To You:

The decision by the 3rd District Court of Appeal reaffirms the constitutionality of Florida’s drug laws used by prosecutors and law enforcement officers. The ruling upholds the current laws on the books that removes the burden of authorities to have to prove that the accused had “knowledge” of the illicit nature of the drugs, and/or having to prove that the person knew they were in possession of said drugs.

With Florida’s current Drug Law upheld it is more important than ever to seek legal counsel if you have been charged with drug possession including Possession of Marijuana, Possession of Cocaine, or any other drug charge.

What To Do Next:

If you have been arrested for a drug related crime contact a St. Petersburg Drug Charges 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 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).

Marijuana Bracelets a New Fad Among Tampa Bay Area Juveniles

2011-11-18T10:00:00.004-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a new fashion trend in bracelets designed to allow covert marijuana smoking.

Issue:

Students in and around the Tampa Bay area have begun to wear bracelets that are designed to smoke hookah, but many law enforcement officials believe the bracelets may be used to smoke marijuana (also known as weed, pot or chronic) or hide other drugs or controlled substances, such as cocaine, crack, meth or heroin.

The bracelets appear to be a fashion accessory and are often made out of a macramé type weave with beads or metal details. However, once the bracelets are taken apart, one end has a bowl with a filter. A plastic tube is woven into the bracelet and is capped off by a bead at the end of the bracelet. When the bead is unscrewed, the bracelet can be used as a pipe .

Why This Matters To You:

Many school officials are concerned the bracelets are drug paraphernalia used to possess marijuana and other illegal drugs, and are making efforts to have the bracelets banned, in addition to seeking criminal penalties for anyone who distributes or wears the bracelets.

This means high school and middle school students in the Tampa Bay area may wrongfully be accused of juvenile drug possession and other juvenile offenses if they wear these bracelets as a form of fashion, even if they did not use the bracelet to hide or smoke marijuana or drugs, or have any intent for the bracelet to be used for drug or marijuana purposes.

Additionally, retailers and merchants who sell the bracelets throughout the Tampa Bay area can also potentially be accused of marijuana and drug offenses, such as possessing drug paraphernalia with the intent to distribute, or manufacturing drug paraphernalia.

What To Do Next:

If you have been charged with possession of marijuana, possession of drug paraphernalia, or any other marijuana offense in the Tampa Bay area, contact a St. Petersburg Marijuana Crime 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 defending marijuana offenses and representing juvenile offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

New Pinellas County Florida Sheriff Cracking Down on Prescription Pill Problem

2011-11-14T13:00:00.002-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses Pinellas County Sheriff Bob Gualtieri’s focus on prescription pills.

Issue:

Bob Gualtieri has replaced outgoing Sheriff Jim Coats as the Pinellas County Sheriff. Just before being sworn into office on Wednesday November 9th, 2011, incoming Sheriff Gualtieri answered questions for local media and attendees at the ceremony. Some of his comments highlighted his intent to focus on the prescription drug trafficking problem in the Tampa Bay area.

Why This Matters To You:

When asked what the biggest issue was facing the Pinellas County community, Sheriff Gualtieri responded that prescription pills are the No. 1 public safety issue. The Sheriff’s focus on this subset of drug crimes will no doubt come with an increase in law enforcement arrests and special programs to go after alleged offenders.

In fact, Sheriff Gualtieri went on to comment that, “We have some things we’re working on, especially in the area of the prescription drugs epidemic. I want to make sure we’re doing everything we can to reverse that trend. It’s the No. 1 issue. It permeates throughout our calls for service every day. We’ve got to do something about it.”

With the Pinellas County Sheriff’s office focused on this issue and endorsing greater enforcement, there is the potential for overeager law enforcement officers to make bad arrests in an attempt to meet the office’s goals to address the issue.

What To Do Next:

If you have been arrested for a drug related crime 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. Criminal Defense Attorney Melinda Morris 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).

Alleged Tampa Bay Florida Real Estate Scams Resulting in Criminal Prosecution

2011-11-11T13:00:00.002-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses recent arrests in Tampa Bay Florida for Scheme to Defraud.

Issue:

The Florida Department of Law Enforcement and the Hillsborough County Sheriff’s Office recently began to crack down on alleged real estate scams in the Tampa area and charge individuals who had no intent to commit a crime with criminal offenses.

These alleged offenders claim they simply moved renters into homes under Florida’s adverse possession laws that allow individuals to take possession of abandoned or unoccupied property as long as they actually and continuously occupy the land and pay taxes associated with the property.

The statewide prosecutor of the Florida Attorney General’s Office has asserted these individuals are allegedly removing items that belong to the rightful owner in these homes that are vacant or unoccupied, and changing the locks on the doors. The Hillsborough County Sheriff’s Office initially claimed the issue was a civil matter, but later decided to arrest these individuals for engaging in an elaborate scheme to defraud solely after more people began to make complaints.

The Office of the State Attorney for the Thirteenth Judicial Circuit in Hillsborough County has decided not to prosecute these types of cases, but the Florida Attorney General Statewide Prosecutor has elected to criminally prosecute these alleged offenders.

Why This Matters To You:

Individuals in Tampa who are not intentionally committing a crime, but are engaging in acts that they believe are legal are being prosecuted for criminal offenses, including perpetrating a scheme to defraud, grand theft, breaking and entering, and other organized white collar crimes.

These types of criminal offenses generally involve a required element of a mental state to intentionally or knowingly commit a crime to defraud another person. The individuals in Tampa arrested for allegedly engaging in this real estate scheme did not intentionally or knowingly commit an illegal act; they believed what they were doing was legal under Florida’s adverse possession laws.

The adverse possession laws in Florida do not provide criminal penalties for a person making a claim under adverse possession. If an individual attempts to adversely possess real property, the person who actually holds title to the property can only recover through a civil action.

This situation demonstrates that police officers and prosecutors in Florida can be aggressive when trying to make arrests and achieve criminal convictions. If there is ambiguity or confusion with the laws in the state, changes should be left up to the legislature as to what constitutes a criminal act or lawful act, not police investigations and prosecutors seeking to create a questionable criminal offense.

What To Do Next:

If you have been charged with allegedly committing a white collar crime in Tampa, contact a St. Petersburg White Collar Crime 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 defending white collar offenses and representing alleged organized criminal offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

More Troopers in Florida Trained to Investigate Accidents

2011-11-08T13:00:00.006-05:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses the DHSMV’s plan to put more criminal traffic investigators on Florida roadways.

Issue:

The Florida Highway Safety and Motor Vehicles (FHSMV) department intends to increase the number of troopers specializing in investigating car accidents involving fatalities on the road. The state department is increasing efforts so all troopers will be able to investigate car accidents that occur on Florida’s roadways.

The department asserts that the purpose of increasing the number of troopers is to begin an investigation immediately, as opposed to waiting for an investigator to arrive at the scene of the accident.

Currently, new recruits are being trained to investigate these accidents, and in February, current troopers will also undergo additional training to learn how to investigate accidents.

Why This Matters To You:

Additional investigative officers on Florida’s roads will undoubtedly increase the number of arrests for traffic crimes in Tampa and the surrounding areas.

Individuals who are involved in single car accidents will immediately be investigated for a variety of criminal offenses and possibly be charged with a criminal traffic offense due to inexperienced investigators who are potentially eager and overzealous.

Although increasing the number of investigators on the road will lead to faster response times to resolve fatal accidents, the efficiency will also lead to quicker criminal charges for traffic crimes such as reckless driving or driving while intoxicated (DWI).

What To Do Next:

If you have been charged with a criminal traffic offense contact a St. Petersburg Traffic Crimes 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 defending traffic offenses and representing alleged criminal traffic offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Tampa Florida Tops for Speed Traps

2011-11-04T13:15:00.003-04:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm highlights the nation’s top metro areas for speed traps.

Issue:

Speeding isn’t safe, and it is against the law. At the same time, there are many metro areas in the United States that have arbitrarily low speed limits and a high concentration of enforcement - the very definition of a speed trap. Speed traps - such as when the limit falls by 10 or 15 MPH in a very short distance for no apparent reason - have sprung up all over Florida and the nation.

Why This Matters To You:

The National Motorists Association (NMA) recently surveyed major metropolitan areas for speed traps (low or rapidly changing limits coupled with high enforcement rates). They found that of the top 25 metro areas in the US, 4 were in Florida. Tampa ranks #7, and Sarasota at #10 out of 25 only topped by Orlando at #3.

The rankings were based on the number of speed traps per 100,000 residents.

Motorists in Tampa and Sarasota, Florida should be on the lookout for rapidly changing speed limits and the prevalence of speed traps.

Here is the complete ranking:

Livonia, Michigan 27.9 speed traps per 100,000 residents
Windsor, Ontario 17.6
Orlando, Florida 17.2
Las Vegas, Nevada 11.1
Denver, Colorado 10.9
Reno, Nevada 10.4
Tampa, Florida 8.9
Colorado Springs, Colorado 7.2
Austin, Texas 6.1
Sarasota, Florida 6.1
Portland, Oregon 5.8
Jacksonville, Florida 5.4
San Antonio, Texas (Bexar County) 5.3
Fresno, California 5.0
Hamilton, Ontario 5.0
New Orleans, Louisiana 4.7
Toronto, Ontario (Greater Toronto Area) 4.7
Houston, Texas (Harris County) 4.0
Edmonton, Alberta 3.3
San Diego, California (San Diego County) 3.2
Indianapolis, Indiana 3.2
San Jose, California 3.1
Chicago, Illinois (Cook County) 1.9
Los Angeles, California (Los Angeles County) 1.6
New York, New York (5 boroughs) 0.9

What To Do Next:

Paying your ticket can result in a conviction of the traffic offense on your driving record. This leads to points on your license and a likely increase in your car insurance rates. If you've received a traffic ticket don't simply pay the ticket without first consulting with the Morris Law Firm. If you have been ticketed for a traffic related offense contact a St. Petersburg Traffic Offenses 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 traffic offenders throughout Pinellas County and the entire Tampa Bay, FL Area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Bradenton, Manatee, and Sarasota).

Florida Police Stake Out Social Networking Sites

2011-10-28T13:15:00.002-04:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how Florida Police have begun to actively monitor social networking sites including Facebook.

Issue:

The quintessential image of an undercover police stakeout has been a couple of officers in an unmarked car watching suspects with binoculars while sipping coffee and eating donuts. Today, the officers may still be sipping coffee, but they are doing it at their desks while logged into Facebook and other social networking sites including Twitter, YouTube, and MySpace.

Law enforcement is now targeting gangs and gang members in these modern day online stakeouts. In some cases what someone says or does (in a video) online can land them in jail. Too often juveniles imitating gang culture or what they see in popular media can inadvertently focus law enforcement gang control efforts on them.

Why This Matters To You:

Law enforcement agencies in Florida are targeting social media sites including Facebook , Twitter, and YouTube to identify and monitor gangs and gang members.

At the same time, gang culture has seeped into popular culture infiltrating everything from music to clothing. Juveniles often imitate what they see in movies, video games, music videos and other popular culture references to gang activity. To law enforcement it is often difficult to tell the difference between a legitimate gang member and a youth who is just pretending or acting out lyrics from his or her favorite rap video.

In either case, law enforcement can charge juveniles with criminal activity based on what they post online. Juveniles often post information on Facebook or videos to YouTube without thinking of the potential consequences. Gang-like bravado and references to guns, violence, and retribution are all too common on the social networking pages of otherwise law abiding non-gang youths. Taunting between youths can become severe, and oftentimes threats are posted online that may alone be cause for criminal charges. Worse yet, if a juvenile actually commits a crime, all of their online activity may become additional evidence against them.

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).

Faulty Breathalyzer Machines Result in Inadmissible Evidence in Florida DUI Cases

2011-10-25T18:06:00.001-04:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how faulty breath tests in Florida can affect a DUI conviction.

Issue:

The evidence from DUI breath tests, or breathalyzer machines, throughout Manatee and Sarasota counties in Florida has been called into question lately, as local authorities have recently discovered the machines are not being maintained and calibrated properly.

Many drivers throughout Manatee and Sarasota counties in Florida were arrested and convicted of driving under the influence of alcohol (DUI) based on the results of these faulty breath test machines, which were not recording proper breath levels.

Five different DUI Intoxilyzer 8000 machines were not calibrated, and therefore, not working properly when they were used to ascertain the breath alcohol concentration (BAC) level of around 100 individuals pulled over on suspicion of drinking and driving in Florida over a period of time dating back to 2007.

Why This Matters To You:

If you were charged with driving under the influence (DUI) in Sarasota County or Manatee County in the past few years and convicted of the offense based on the results of a breath alcohol test, there is a chance your case will be overturned if the prosecutor had no other concrete evidence to maintain the conviction.

The Florida State Attorney’s Office is currently notifying the defendants who were tested on the faulty Intoxilyzer 8000 machines to inform them the results will not be used as evidence in their DUI cases.

The use of faulty breathalyzer machines in two counties in Florida may indicate a larger problem associated with alcohol breath testing equipment. If errors occurred in two counties in Florida, there’s a likelihood it’s also taking place in several other counties throughout the state.

This apparent problem also calls into question the reliability of alcohol breath tests in general. If the mere failure to calibrate a breath test machine could lead to such erroneous results, then there may be several other factors influencing the so-called evidence to DUI-related offenses.

If you are facing a DUI conviction after failing a breath alcohol test, there is a probability the case against you could be dismissed based on the unreliability and obvious issues associated with the Intoxilyzer 8000 and other breath testing machines utilized throughout Florida.

What To Do Next:

If you have been charged with driving under the influence of alcohol, DUI, or other DUI-related offenses, contact a St. Petersburg DUI 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 defending DUI cases and representing alleged drunk driving offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

Of Interest: Tampa's MOSI Exhibit - Target America: Opening Eyes to the Damage Drugs Cause

2011-10-21T13:05:00.001-04:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a new exhibit on loan from the Drug Enforcement Administration (DEA) Museum.

Issue:

In an effort to highlight the collateral damage drug crimes cause, the Drug Enforcement Administration (DEA) has loaned the Tampa Musuem of Science and Industry (MOSI) an exhibit called, “Target America: Opening Eyes to the Damage Drugs Cause.” The exhibit is designed to illustrate the costs and consequences of drug crimes and related criminal activity.

Why This Matters To You:

The DEA picked Tampa, Florida as the longest standing host of the travelling exhibit for a reason - they consider Florida ground zero for the war on drugs. The exhibit will remain at MOSI for one year. In fact, part of the exhibit specifically highlights Florida’s connection with drug crimes including displays on: The Florida Gateway; Pill Mills and Grow Houses; Florida History Timeline and Faces & Places; Lost Potential and Getting Help; Under Surveillance; and Recognize Those Drugs.

Other displays at the exhibit include:

Debris Field
Cocaine Lab
Heroin Lab
9/11 Artifacts
Drug production
Drug Trafficking
Money Laundering
Methamphetamine Motel
Costs to the Environment
Crack Den
Costs to Children
Lost Talent Memorial
Drugs: The Brain and the Body - Prescription Drugs
The Discovery Corner
Breaking the Cycle

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).

Motorized Bicycles in Florida Lead to Criminal Traffic Penalties

2011-10-14T16:32:00.003-04:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses how operating a simple motorized bicycle can turn into a Driving While License Suspended or Revoked (DWLSR) charge.

Issue:

Although motorized bicycles and Go-Peds are commonly used throughout Florida as an easy and economical form of transportation, these are actually illegal under Florida law, and the operation of one can lead to serious criminal penalties for traffic offenses.

Why This Matters To You:

As a cheaper and more fuel efficient means of transportation, many Florida residents use motorized bicycles if their driver’s license has been suspended or revoked, if they can’t afford gas or the upkeep of a traditional motor vehicle, or simply as an easier, hassle-free way to navigate through streets of Florida.

However, motorized cyclists have been pulled over recently and cited with traffic violations throughout Florida for riding on these bicycles. According to law enforcement, motorized bicycles would have to be licensed and registered as a motor vehicle in order to be operated in public, including streets and sidewalks, in Florida. Otherwise, the bicycle can only be used on private property. These bicycles cannot be registered in Florida, as they are not manufactured in a way that complies with the requirements of Florida’s Motor Vehicle Safety Act.

Florida’s laws do not specifically state a completely motorized bicycle is either a motor vehicle or a bicycle. A motor vehicle is defined to include scooters, mopeds, Go-Peds, pocket bikes, and motorized scooters. The Florida Department of Transpiration defines a bicycle as, “Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.”

Since Florida’s law enforcement officers consider motorized bicycles to be motor vehicles, if you are caught operating one without a license because your license has been suspended or revoked due to a DUI or for another serious traffic offense, you could be charged with driving while license suspended in St. Petersburg.

Although this offense may not seem that serious, if you are on probation for a more serious criminal offense, such as a felony or driving under the influence of alcohol or drugs, you could be charged with a violation of probation in Pinellas County, and even be sent to prison or jail.

Additionally, since the motorized bicycles are illegal in public, an individual can still receive a traffic ticket for operating one – even if they do not have a suspended license or are on probation for any other criminal offense.

What To Do Next:

If you have been charged with a criminal traffic offense, such as driving with a suspended license or DUI, contact a St. Petersburg Traffic 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 you and has specific knowledge and experience in traffic offenses and representing alleged offenders throughout Pinellas County the entire Tampa Bay, FL area (St. Petersburg, Clearwater, Tampa, Hillsborough, Pasco, Manatee, Sarasota and Bradenton).

DUI Cases Under Scrutiny in Florida

2011-09-12T12:00:00.004-04:00

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses a recent DUI case that may serve to put other DUI cases into question.

Issue:

A recent Hernando County Florida case sheds light onto the potential issues with DUI cases that may benefit DUI defendants.

In this case, under questioning by the defense attorney, a Hernando County breath test operator testified that a security breach may have violated Florida Administrative Code regarding the fact that evidentiary breath test instruments must only be accessible to those licensed by the state. The Administrative Rule is in place to protect the chain of evidence in DUI cases.

The breath test operator testified that on numerous occasions Hernando County Sheriff’s deputies had entered the office and tampered with the breath test instruments and opened and viewed breath test evidence. The issue was apparently so egregious that the breath test operator decided to resign because she could no longer sign the breath test affidavits in good faith.

Why This Matters To You:

Based on the above case, there is a possibility that many previous DUI cases in Hernando County could be called into question. It is also possible that until the issues related to the security of the breath test machine are resolved that Hernando County judges may not allow breath test results to be admitted as evidence.

On a larger scale, this situation serves to underscore the importance of properly investigating and reviewing DUI evidence. An experienced DUI Defense Attorney should appropriately review and aggressively call into question the State’s evidence against a DUI defendant including any chain of evidence issues identified.

By identifying weaknesses and procedural issues in the State’s case, there is a greater opportunity that a DUI case may be resolved successfully for the defendant.

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).

Florida Juveniles Tried as Adults

2011-09-12T12:00:00.003-04:00

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).