Archive for 'Criminal Defense Blog'

I pity the criminal defense lawyer who takes on this “bomb” of a federal prosecution. Publix, the filthy-rich supermarket chain with a history of multi-million dollar discrimination lawsuit settlements with minorities and pregnant employees, was certainly thought to have the $50 million dollar ransom demanded by this wannabe bomber. Maybe it’s safer or certainly “healthier” to shop at Whole Foods? Check out colorful South Florida’s latest in daily news entertainment: http://www.sun-sentinel.com/news/local/crime/fl-publix-bomb-threats-20140312,0,1606317.story

Marissa Alexander might go to prison for decades just for trying to save her own life, thanks to Florida’s infamous 10-20-life law, about as popular as Florida’s equally infamous stand your ground law. I’ve been a criminal defense lawyer for many years in Florida, and I can’t recall a case that cries out louder for the hope of lot more common sense and justice.

Why Floridians chose to reelect many of the clowns in the Florida Legislature who mandated this type of ...

This arrested General had better HOPE that his prosecution is moved to a civilian court and away from a “Courts Martial” or Military tribunal, for a couple of simple reasons: In the military tribunal, according to their own Uniform Code (“UCMJ”) of Military Justice” they only need two (2/3) thirds of the “jury” (other military officers!) to convict, whereas in civilian court, you need a “unanimous” verdict. And did you also know that the UCMJ allows the “jury” of military ...

“This troubled young man has bigger problems with his Miami arrest than the smaller misdemeanor charge of DUI — drag racing is a felony in Florida, and the assigned prosecutors might quickly do a ‘Change of Charge’ to upgrade this arrest to the felony; and the reason is quite simple: The legislature MADE ‘racing’ a felony in Florida — allowing for real prison time, because too many innocent people have died as a result of morons drag racing on our ...

“Big Brother is large and in charge, as you might have “predicted,” NOW that police work has turned to the latest computer software programs for “predictable policing” or “policing probabilities.”

FYI:  http://www.officer.com/news/11292868/south-florida-police-play-the-odds-in-tracking-crime

“Brady” evidence; withholding by some prosecutors:

There is a cardinal rule unfortunately violated almost daily by too many prosecutors across the nation who fail to comply with the highest law of the land, the Unites State Supreme Court decision in the famous case of Brady v. Maryland.

Prosecutors are required by law to turn over to the defense lawyer *ANYTHING that arguably “tends to negate the guilt of the defendant,” ANYTHING “exculpatory” or tending to exonerate the defendant. Examples of this “Brady” ...

Too many prosecutors play messianic figure when “representing” the interests of “their” victim in a case, apparently forgetting that the victim is NOT their “client.” A Florida prosecutor’s true client is that nebulous intangible called “the people of the State of Florida,” and not the victim.

When I was a prosecutor here in South Florida, I experienced, like all prosecutors, victims who refused to cooperate with “my” case against the defendant. A few of the uncooperative victims, as I recall, were ...

 New York trails Florida in prison population too — not just general population, and not only New York, but California and Texas now too!

That’s right, Florida is #1 now in America for per capita prison population, no longer just the vacation capital and warm and fuzzy “Sunshine State.” Timely advice from your friendly ...

In today’s society, it seems as though there’s always someone gunning for you, especially when you’re on top.” — Ft. Lauderdale criminal defense lawyer John Castellano, on Zimmerman’s lawyer O’ Mara.

That mean-spirited mentality, you know the one, “every time a friend succeeds, I die a little,” or “His success is my failure,” you’ve heard the cries of the discontent and the jealous. As for Zimmerman’s lawyer, maybe he did something wrong that requires investigating by the Florida Bar, I don’t ...