As expected, Governor Ron DeSantis signed a bill approved unanimously by the legislature to ban child-like sex dolls. The law goes into effect October 1, 2019. A legislative analysis of the bill said that child-like sex dolls imported from China, Japan and Hong Kong are becoming increasingly prevalent in the U.S. They are part of …
The 8th Amendment to the the US Constitution is another important provision for those facing criminal charges. It states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” It serves as a safeguard that the “punishment should fit the crime” and that incarceration before adjudication of guilt or …
Eighth Amendment Another Constitutional Protection Read More »
I started with the 4th Amendment earlier this week. There is another important amendment that guarantees rights in cases where one stands accused of a crime. The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, …
More Rights Afforded to Alleged Criminals and Why That’s Important Read More »
The 6th Amendment guarantees a defendant the right to a fair and speedy trial but how is that a useful right if it’s rarely used? The U.S. Courts government website says about 10% of cases go to trial. For federal charges, the National Association of Criminal Defense Attorneys did a study and found only about …
Plea Deals Endangers Privileges of 6th Amendment Read More »
Last Monday’s ruling by Palm Beach County Judge Leonard Hanser was a huge victory for Patriots’ owner Robert Kraft who was one of dozens of spa patrons allegedly caught on camera receiving illicit massages at the spa in January. He and other defendants pleaded not guilty to misdemeanor charges stemming from the footage and other …
Prosecutors Appeal Exclusion of Video Evidence in NFL Owner’s Sex Sting Case Read More »
After years of wrangling, the Florida Legislature sent a stricter bill to Gov. DeSantis for signature. If Governor DeSantis signs the bill, it will take effect on July 1, 2019. The bill affects Florida drivers in two significant ways: 1)texting while driving becomes a primary offense which means a police officer can stop a vehicle …
Florida Legislature Approves Stricter Texting While Driving Bill Read More »
A 24-year-old Port Richey woman was booked into the Pasco County Jail after posting graphic pictures of a man’s genitals on various social media platforms. Breyanna Helen Dean, 24, of Port Richey, was detained by the Pasco County Sheriff’s Office on April 27 after allegedly circulating the illicit pictures via direct messages to an unknown …
Pasco Woman Arrested and Charged in Sextortion Case Read More »
While the justice system is not perfect in this country, it is one of the most fair systems in the world. It affords the accused every opportunity to maintain their innocence. Besides “innocent until proven guilty”, the law recognizes the doctrine of “fruit of the poisonous tree”, a doctrine that extends the exclusionary rule to make …
The law clearly states that so-called “sneek and peak” warrants are not to be used for prostitution investigations solely. Yet, South Florida law enforcement has been doing just that for years, according to the Sun Sentinel. New England Patriots’ owner Robert Kraft was caught on one of these stings and is now facing misdemeanor charges. …
Sneek and Peak Surveillance Has Been Used Before in Florida Massage Parlors Read More »
In times of crisis, the Constitution of the United States comes under scrutiny, particularly the Amendments. Whether it’s gun rights (2nd Amendment), free speech (1st Amendment), or national security (4th Amendment). In some cases, the crisis provokes a real Constitutional crisis eg. US citizens of Japanese origin detained during WWII or Nixon’s Saturday Night Massacre. …
Sneak and Peek Warrants-Necessary for our Safety or Violation of 4th Amendment? Read More »