If you have been arrested for battery domestic violence, or battery domestic violence by strangulation, you may have been ordered to wear a gps device upon your release from jail. It's important for you to know that you can have the gps removed after filing a motion with the court. It is also worth knowing that gps devices are new to the law and that the law regarding such devices is currently being shaped. The United States Supreme Court has recently addressed GPS devices in two cases:
If you have been arrested for DUI, or Reckless driving, or any other traffic violation and you have a commercial driver's license you already know that the consequences for you are different from that of the non-commercial driver. Pursuant to the relatively new federal regulation 49 CFR 384.226 "The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder’s conviction for any violation, in any type of motor vehicle...
The other day I was interviewed by Rene Stutzman, staff writer for the Orlando Sentinel. Ms. Stutzman wrote a piece, Police Seizing Cell Phones; A Civil Rights Issue, (the full article is below), on a law suit where the arrestee is suing the police because an officer made him stop recording the officer, and when the person refused to stop he was arrested for Resisting an Officer Without Violence, otherwise known as resisting arrest under Florida Statute 843.02. As I was quoted by Ms. Stutzman, this issue is coming up more and more. Technology moves fasters then the legislature can regulate our advanced society.
Yesterday I attended the Orange County Bar Association Criminal Law Section's continuing legal education course on domestic violence. The honorable Judge Nancy Clark, who is a judge in the Ninth Judicial Circuit County Court in and for Orange County, was the presenter and did a phenomenal job. I also had two cases where my clients were accused of battery domestic violence in Seminole County, Florida before the honorable Judge Fred Schott. Both of these experiences brought many issues to the forefront for people charged with domestic violence.
There was outrage in the streets of Florida, or at a minimum in the media. George Zimmerman gets away with killing a black teenager while using a firearm, and a black woman, Marissa Alexander was sentenced to 20 years in prison after being convicted by a jury of aggravated assault with a deadly weapon for firing a warning shot in effort to get her husband to desist from physical abuse after a history of physical abuse. Racism was the cry. However, the First District Court of Appeals for the State of Florida cried bad jurisprudence.
Recently, the United States Supreme Court issued its opinion in the case of Missouri v. Tyler G. McNeely. Justice Sonya Sotomayer, writing for the Court, held "that natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant." In other words, unless there is an emergency withdrawing blood from a person suspected of DUI without a warrant is prohibited under the Fourth Amendment to the U.S. Constitution.
Just yesterday, August 23rd, 2013, the Fifth District Court of Appeals (the appellate court for Seminole County, Orange County, Volusia County and Brevard County) released two opinions (neither opinion is final until the time for rehearing has passed, i.e., 15 days) where both defendants' were charged with possession of cocaine under Florida Statute 893.13 and possession of a controlled substance with the intent to sell or deliver (one was cannabis the other a schedule four substance).
If you are arrested for possession of oxycodone in Seminole County, Florida this article may be of interest to you. Recently, the Fourth District Court of Appeals, in and for the State of Florida held that the police did not have probable cause to arrest a person for possession of oxycodone under Florida Statute 893.135 despite the fact that the person they arrested possessed an oxycodone pill outside of a pill container.
On July 1st of 2013, the statute, Florida Statute 322.2615, governing the license suspension as a result of being arrested for DUI in Florida changed. Before I address the changes lets discuss the process. You were arrested for DUI in the State of Florida, whether it be in Seminole County or Orange County, or for that matter, anywhere in the State of Florida. The officer took away your driver's license, at least he should have. The question you are probably asking is what now? Can I drive?
In my last blog, we discussed how the United States Supreme Court's recent decision in Salinas v. Texas could affect a person charged with trafficking in Xanax. In today's blog we will discuss a more esoteric issue; what is the prosecution allowed to introduce into evidence when a person refuses a breath test after being charged with DUI.
A few days ago, the U.S. Supreme Court ruled in Salina v. Texas, that if a person remains silent in response to a question/accusation by a police officer, that this silence can be used against them as evidence of guilt if at the time the person is not under arrest and has not been read his/her rights pursuant to Miranda. This article will discuss how this can possibly affect a person who has been arrested and possibly charged with trafficking Xanax.
The Law Offices of Matthews R. Bark, PA is proud to welcome you to our new website. This website, while being in the works for some time, is constantly being updated. If you cannot find something you are looking for on the website, please do not hesitate to call the office at 407-865-8888. Or send me a contact request.