Author: caseyreiteresq

Appeal, Criminal Defense, Legal Blog

Jose Padilla – Resentencing Today

caseyreiteresq

UPDATE: Padilla was resentenced to 21 years on September 9, 2014, extending his original sentence by four years.

The only American citizen in history to be arrested on US soil and treated as an “enemy combatant,” Jose Padilla, is scheduled to be resentenced today in Federal Court in Miami after an appellate court ruled that Padilla’s earlier sentence of over 17 years (which included 12 years of solitary confinement and some of the most inhumane incarceration tactics ever reported, such as subjecting Padilla to extreme temperature changes, alternating between blinding lights and total darkness, involuntary injections of “truth serums,” being shackled in excruciating positions, being assigned to a windowless cell with no physical contact, and eventually being allowed only 1 telephone call a month) was not enough of a punishment. The appellate court also ruled that the trial judge erred in giving Padilla credit for three years of time he served in a South Carolina Navy Brig while awaiting charges to be filed. The interrogations of Padilla were reportedly filmed, however, the government claimed it “lost” the DVD of Padilla’s final interrogation.

Padilla made news initially in 2002 after being arrested in Chicago for allegedly plotting to detonate a bomb on American soil. However, after trial in 2008, the presiding judge, Judge Cooke, found that there was no evidence that Padilla personally planned attacks against the United States or that he personally committed any violence. Padilla was ultimately convicted of conspiracy to murder and kidnap, and of supporting the terrorism group al-Qaida. Prosecutors have reportedly stated that they will seek not more than 30 years in prison; however, the minimum sentence Padilla could receive under the Federal Sentencing Guidelines as a result of the charges and prior criminal convictions is nearly 21 years.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Drug Charge, Legal Blog

Palm Beach Meth Manufacturing Charges

caseyreiteresq

A palm beach county man was arrested this morning on charges of manufacturing methamphetamine after a search of his home revealed possession of equipment used to manufacture meth, such as plastic bottles containing white residue, within his apartment. The police were allegedly there regarding a domestic violence incident.

Florida Statute 893.139 make it a second degree felony to possess equipment with the intent to manufacture a controlled substance like meth. Second Degree Felonies in the State of Florida are punishable by up to 15 years in Florida State Prison and a $10,000 fine, in addition to other related penalties. Additionally, Florida Statute 893.135 makes it a First Degree Felony to manufacture 14 grams or more of methamphetamine, which is considered trafficking in amphetamines, and has required minimum mandatory sentences. Manufacturing between 14 and 28 grams requires a mandatory minimum term of imprisonment of 3 years and a $50,000 fine. Manufacturing between 28 and 200 grams of meth requires a mandatory minimum term of imprisonment of 7 years, and a $100,000 fine. Manufacturing 200 grams or more of meth requires  a mandatory minimum term of imprisonment of 15 years and a $250,000 fine. Finally, manufacturing 400 grams or more of meth is a capital felony, punishable by life in prison and a $250,000 fine.

Meth charges in Florida are serious; especially regarding the manufacturing of meth. Anyone charged with a drug crime in Florida should speak with a Florida Criminal Defense Attorney.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Florida Traffic Ticket, Legal Blog

Red Light Traffic Tickets in Florida

caseyreiteresq

Red light traffic camera tickets are still somewhat of a new animal in the Florida traffic ticket world. Pursuant to Florida Statute Section 316.0083 (the “Mark Wandall Traffic Safety Program”), anyone who runs a red light that has a traffic camera may be issued a “notice of violation” within 30 days. The “notice of violation,” contrary to popular belief, is not actually a traffic ticket – instead, it is a fine of $158, which the driver can pay to avoid the notice turning into a traffic ticket. A person who receives a notice of violation may also request a hearing within 60 days, instead of paying the ticket, to contest the validity of the notice.  

If the driver fails to pay the $158 fine within 60 days, or to request a hearing, an actual traffic ticket for running a red light will be issued and the fine more than doubles and may include points on the driver’s license. 

The “notice of violation” is sent to the registered owner of the vehicle involved. In the case of joint ownership, the notice will be issued to the first person named on the registration. The owner has the right to review the pictures of the infraction or the streaming video evidence. The evidence constitutes a rebuttable presumption that the owner of the vehicle has committed the infraction; this means that the owner of the vehicle is presumed guilty, however, he may provide evidence to show that it was not actually the driver of the vehicle or that there was some defense to the violation. For example, a driver may not be ticketed for failure to stop at a red light if the driver is making a right-hand turn in a “careful and prudent manner” at an intersection where right turns on red are allowed. Additionally, a driver may not be ticketed if the driver came to a complete stop after crossing the stop line and before turning right. A driver may also not be ticketed if he passed through the intersection to yield right-of-way to an emergency vehicle or a funeral procession, or if he passed through the intersection following the direction of a police officer. A person may not be issued a red light ticket in addition to being issued a ticket by a live police officer after the event; only one ticket for running a red light may result from running a red light.

Finally, the owner of the vehicle can contest that he was the driver at the time of the infraction. The State has to be able to tie the vehicle to the ticketed individual by establishing that the driver was the owner. If the owner contests that he was the person actually driving the vehicle at the time of the red light infraction, the owner has to submit an affidavit that includes the name, address, date of birth, and, if known, the driver license number of the person the owner is claiming had control of the motor vehicle at the time of the violation. Further, if the owner is arguing that the vehicle was stolen at the time of the offense, the affidavit must include the police report regarding the stolen vehicle.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Drug Charge, Legal Blog, Legislative Update, License Suspension

Legislative Update – License Suspension reduced for Drug Charges in Florida

caseyreiteresq

As of July 1, 2014, Florida Statute 322.055 has been revised to reduce the period of driver license suspension from two (2) years to one (1) year in drug cases.

Before the statute change, Florida law required driver’s licenses to be suspended for two years for a drug conviction, including possession, sale, trafficking of a controlled substance. Many people did not realize that pleading guilty to a cocaine charge, for example, would not only cause a third degree felony conviction, but also a two year license suspension. Now, anyone convicted of drug charges is to have their license revoked for 1 year (or, if necessary, until the person is evaluated and completes a drug treatment and rehabilitation program). However, the court also has discretion to court to determine whether the defendant may apply for a restricted license (a license that is valid for business or employment purposes only). Further, after 6 months of the license being suspended, the driver may petition the DMV for restoration of the driving privilege on a restricted or unrestricted basis.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Appeal, Breathalyzer, Criminal Defense, DUI, Legal Blog, License Suspension

DUI Permanent License Revocation

caseyreiteresq

A Broward DUI case (Calabrese v. State) was published this week wherein a permanent license revocation was affirmed by the Broward Circuit Court.

In the case, the defendant was arrested for DUI after she drove through an area that had been roped off by police for an unrelated criminal investigation. The defendant declined to perform field sobriety exercises, but agreed to submit to a breath test and blew a .089. The defendant was found guilty by a jury at trial. The court found that this was the defendant’s third DUI within 10 years. As a result, she was ultimately sentenced to 364 days in Broward County Jail, which was to be lowered to 180 days upon completion of the SAP program (the Substance Abuse and Life Skills Program which provides treatment services to inmates in Broward County’s Jail), along with other standard DUI penalties (such as community service, fines, etc.) and a lifetime driver’s license revocation. 

The defendant appealed the lifetime driver’s license revocation, arguing that it was improper for the court to order because Florida Statute 322.28(2)(a) only requires a 10 year minimum license suspension for a third DUI conviction within 10 years. However, the circuit court disagreed and found that because there was no maximum sentence limit within the statute, the trial judge was within his discretion to issue a lifetime driver’s license revocation.

DUIs in Florida have serious consequences, as seen in this case. Anyone who is facing DUI charges in Florida should contact a criminal defense lawyer to discuss the possible penalties of a DUI conviction and determine the best defense route to attempt to mitigate those penalties. 

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.