Florida Criminal Defense Lawyer BlogIn a groundbreaking decision made yesterday, Judge Mary S. Scriven of Florida’s
Middle District declared part of an important Florida drug law unconstitutional. In a
43-page order that holds vast implications for the world of Miami criminal defense,
Florida Teen Charged with Growing Pot Plants
Earlier this week, an 18-year-old resident of Viera, Florida was charged with growing cannabis plants at two separate locations in Viera and Suntree. Justin Michael Callari, the accused teenager, was arrested on the 15th of last month but not presented with formal charges until recently. Occasions such as this catch the attention of experienced criminal defense lawyers because we understand how important it is for young adult offenders to secure the services of a qualified advocate. The punishment for drug crimes of this nature may often be unbelievably harsh and can ruin the rest of a young person’s life.
In mid-June, twenty-five cannabis plants were found by an agent of the Brevard County Sherriff’s Office in a wooded area behind a 3,800 square foot home on Cape Sable Drive near Suntree. The owner of the house directed the agent to Callari as the owner of the plants. In his report from June 15th, Agent Adam Steuerwald wrote that during an interview at his apartment Callari, “admitted to growing 11 plants behind the house and also admitted to an additional five plants at his residence”.
The fact that a confession was obtained during an interview at Callari’s home implies that no criminal defense attorney was present. Callari was subsequently arrested and charged with the possession of thirty plants, a third-degree felony which could carry a sentence of up to five years in prison. One wonders how this investigation would have played out had the defendant waited until he had secured the services of a Florida criminal defense lawyer before talking to the police.
OFFICIALS: LEGAL DRUGS CAN STILL LEAD TO DUI
Whether it’s cold medicine, cough syrup, a legal prescription drug or alcohol, if you ingest too much and drive a vehicle, you can be charged with driving under the influence.
“Even if someone is taking prescription drugs legally, they can be charged with DUI,” said Sgt. Kim Montes, spokeswoman for the Florida Highway Patrol district that includes Volusia County. “If a trooper evaluates someone, either on a traffic stop or at a crash scene, and determines they are impaired from alcohol, illegal or legal drugs, or another substance, they can be arrested.”
The FHP recently charged a man with DUI manslaughter in an Orlando case because they believe he had inhaled computer cleaner, Montes said.
DUI INTERLOCK DEVICE TO BECOME MANDATORY IN TENNESSEE JAN. 1
NASHVILLE — Drivers who get behind the wheel after having too much to drink, and individuals who can’t prove they’re in the country legally, face tougher consequences in Tennessee with the start of the new year.
Up until midnight Saturday, drivers could get a second DUI conviction and still avoid having a device attached to their car that requires them to prove they’re sober before the vehicle will start.
But under a new law, first-time offenders convicted of having a blood alcohol level of at least 0.15 will be required to have ignition interlock devices installed on their vehicles.
DRIVER STUCK IN SNOW IS CHARGED WITH DUI IN HARRINGTON
A 51-year-old Pennsylvania woman was charged with DUI and assorted other traffic offenses on Wednesday, Harrington police said.
Tara S. Jackson, of Devon, was charged with DUI, resisting arrest, driving without a license and driving the wrong way on a one-way street, said agency spokesman Sgt. Earl Brode.
Officers on patrol at about 11 p.m. spotted a car that appeared to be stuck on the snow on U.S. 13 near the railroad tracks.
AS TEENS DRINK AND DRIVE, TEXAS ONLY TALKS TOUGH
Texas prides itself on being a “zero tolerance” state for young drinkers: Even a whiff of alcohol detected on anyone under 21 can result in a ticket. Minors can be cited for even being near a beer.
But reality isn’t Texas tough. Whether it is a police officer escorting a young drinker home or a prosecutor opting for lesser charges or dismissing the complaint altogether, young people who drink and drive often get a break.
According to juvenile court records, young drunken drivers aren’t much of a problem in Dallas County. Only 11 juveniles – under age 17 – were prosecuted for DWI from 1999 to 2009. That’s because, as in many jurisdictions, the majority of kids who drink and drive in Dallas end up with tickets – for lesser, Class C misdemeanors such as “minor DUI,” “minor in consumption” and “minor in possession” – which lead to fines, community service and license suspensions.
ACCUSED KILLER OF YALE DOCTOR STILL PRESSES DISCRIMINATION SUIT AGAINST BROOKLYN HOSPITAL
The accused cold-blooded killer of a Yale doctor has told a federal judge that he’s still suing a Brooklyn hospital where he and his victim had clashed.
Dr. Lishan Wang filed the discrimination suit in Brooklyn Federal Court nine months before cops say he stalked and shot Dr. Vajinder Pal Toor at point-blank range last April in front of the victim’s wife and 3-year-old son.
Wang blamed Toor for getting him fired from Kingsbrook Jewish Medical Center and accused the hospital of mistreating Chinese nationals like himself.
ACCUSED DUI DRIVER CRASHES INTO HOUSE
BOSTON — A West Yarmouth woman has been arrested and charged with drunken driving after police said she drove her car into a house Monday night.
Ashley D. Melville, 26, is accused of crashing into a house at 75 Cottage Road in West Yarmouth at about 11:30 p.m. Monday. The car, a Lincoln sedan, crashed into a room where one of the home’s residents was sitting, police said.
Melville was treated at Cape Cod Hospital for non-life-threatening injuries and released.
CASEY ANTHONY TEAM WANTS HER REACTION TO CAYLEE’S REMAINS KEPT OUT OF COURT
Casey Anthony’s legal team wants her reaction to the discovery of her daughter’s remains to be kept out of court.
A motion filed late Wednesday requests that surveillance video taken of Anthony at the jail on the day her daughter’s remains were discovered not be allowed in court.
The video, which was blocked from public release by an earlier judge, reportedly shows Anthony’s reaction to news reports of the discovery of her missing toddler’s skeletal remains.
FAMILY OUTRAGED THAT KILLER WILL GET VICTIM’S INHERITANCE
When he gets out of prison, Brandon Palladino stands to inherit more than $200,000 from the mother-in-law he was convicted of killing. Her family is outraged.
Palladino, 24, was convicted in the December 2008 death of Dianne Edwards, the mother of his wife, Deanna. He admitted killing Edwards, 59, when she found him trying to steal jewelry from her home on New York’s Long Island, the New York Post reports.
Edwards left her estate to her daughter, who died in February, according to the Post.