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February 2015 Archives

Under Florida law, when does cocaine possession become cocaine trafficking?

Trafficking in cocaine is a first-degree felony in Florida, but the penalties upon conviction can vary, depending on the amount of cocaine and whether the defendant has any prior convictions. Under Florida law, for a person to be convicted of trafficking, the prosecution must prove that the defendant "knowingly" took part in the manufacture, sale, purchase or delivery of drugs in the state.

Police must follow strict protocol to search a computer for evidence

Police investigators in Florida and throughout the country use sophisticated technology to conduct remote searches of people's computers. These searches are often done without the computer owner's knowledge.

Prison is No Joke, Prosecutors Just Throw Numbers Around...

Nothing saddens me more than the fact that a prosecutor or judge can throw out numbers; prison sentences like nothing. 10 years. 25 years. It's only 3 years... This is someone's father, son, mother, daughter, brother, sister, a person, a human being, a person that once was a child with hopes, dreams and aspirations. One who now was destined to a place that is wrought with issues of systemic inhumanity, racism and savage cruelty, not only between inmates but between those in charge of that very system.

Tweets and Messages as Evidence

While the popularity of business communication on sites like Twitter and Facebook is growing as a marketing tool, the majority of tweets or posts remain personal in nature. People communicate in a way similar to text messages except public messages appearing in the mainstream are viewable to all. Twitter in particular operates with an open door policy: anybody can read any tweet on twitter unless the user has opted to "protect" his account. Those are still public, published on Twitter but then those persons are free to ("retweet") the messages as they wish.

"Lawlessness by a Defendant Never Justifies Lawless Conduct at Trial"

I read an article that talked about how our legal system and criminal trials are not just a game. Unfortunately for some litigants, it is. The article talked about a Florida Supreme court case, Johnson v. State, 44 So.3d 51 (Fla.2010), where the court spoke strongly against prosecutorial misconduct and that there should be no room for it in our American legal system, no matter how disturbing a crime may be or how unsympathetic a defendant is. They go on to talk about how the same principles of law apply equally to cases that have stirred passionate public outcry as to those that have not. "..In our system of justice, ends do not justify means. Rather, experience teaches that the means become the end and that the irregular and untruthful arguments lead to unreliable results. Lawlessness by a defendant never justifies lawless conduct at trial."

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