Author: caseyreiteresq

Criminal Defense, Legal Blog, Stand Your Ground

Florida Stand Your Ground

caseyreiteresq

In the State of Florida, Stand Your Ground laws have been highly publicized, from the Zimmerman case, where a Sanford neighborhood watchman was found not guilty of murder based in part on the law, to the Alexander case, where a Jacksonville woman was found guilty and sentenced to twenty years in prison for firing a warning shot. The interpretation and application of the law to individual cases has been confusing, to say the least. Stand Your Ground in Florida, simply put, is a law that permits a person to “stand his ground” and use force, instead of retreating, where there is reasonable belief that defensive force is necessary to prevent death or great bodily harm.  Under the Florida Law, a person can claim justifiable use of force and can seek immunity from prosecution.

The newest issue in Florida’s Stand Your Ground Law, which is codified in Florida Statute Chapter 776, has been whether or not a person who is engaged in an unlawful activity may claim Stand Your Ground as a defense against the use of force. Florida courts have recently been debating the issue, specifically in cases where defendants who are convicted felons were in possession of a firearm and attempting to claim the defense. In 2013, the Stand Your Ground statute contained a provision that stated that only “a person who is not engaged in an unlawful activity” may claim Stand Your Ground as a defense. In the State of Florida, a felon may not be in possession of a firearm as a felony conviction includes the loss of the right to bear arms. Thus, the argument was whether or not a felon in possession of a firearm (which is technically an unlawful activity, chargeable as a second degree felony itself in the State of Florida under Florida Statute 790.23) would be precluded from claiming justifiable use of force, or standing his ground, under Florida Statutes 776.012 and 776.013, or precluded from seeking immunity from prosecution for using permissible defense force under Florida State 776.032.

Courts were split on the issue of whether or not a felon in possession of a firearm could claim a Stand Your Ground defense until 2014, when the Legislature in the State of Florida revised the statute to remove the provision that only “a person who is not engaged in an unlawful activity” may claim Stand Your Ground. Florida Governor, Rick Scott, signed the law into effect on June 20, 2014, motivated by what many argue was an “unfair” application of the law in the Alexander case (which was subsequently appealed and now awaiting a retrial). Now, pursuant to the statute, any person may claim Stand Your Ground. However, issues of retroactivity still abound. Thus, until the Florida Supreme Court reviews the particular issue regarding convicted felons claiming the defense under the old statute, the answer will remain unclear.

Stand Your Ground laws in the State of Florida can be difficult to navigate. If you have questions regarding Florida’s Stand Your Ground laws and their application to your specific case, you should contact a Florida criminal defense attorney. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. If you are being charged with a crime, you should consult an attorney regarding your individual case.

 

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.

Legal Blog, Marijuana

Marijuana in Florida

caseyreiteresq

Florida has become the 22nd state to authorize the use of marijuana for medical purposes. Last spring, the Florida Legislature passed bills to make certain strains of marijuana legal for the purpose of treating patients with severe medical issues, such as seizures, muscle spasms, and cancer. In June of 2014, Florida Governor Rick Scott signed into law Senate Bill 1030, approving certain strains of marijuana for medical use and creating a legal system for producing, dispensing and studying the drug in Florida, as well as Senate Bill 1700, protecting the identities of the user-patients. The new Florida Marijuana law, the Compassionate Medical Cannabis Act, is also referred to as “Charlotte’s Web” after the strain of marijuana it is named for.

As of January 1, 2015, authorized Florida doctors may begin writing prescriptions for authorized strains of marijuana. In order to be permitted under the law, the cultivated marijuana would have to contain less than 0.8 percent THC (tetrahydrocannabinol) and more than 10 percent CBD (cannabidiol). THC is compound in marijuana responsible for producing a “high.” CBD is a compound that treats seizures. The law is extremely strict, and provides that prescribed marijuana must be used as an extract, specifically a cannabis oil taken orally. No edible cannabis products, such as cookies, brownies, or candy, and no marijuana cigarettes are allowed under the law.

The January 1, 2015 deadline for the imposition of these new Florida Marijuana laws is fast approaching. The Charlotte’s Web law provides that the medical marijuana will be sold through dispensaries licensed by the Florida Department of Health. As such, Florida regulators are currently in hearings to discuss the implementation of law, and how and who will be permitted to cultivate and distribute the marijuana. While the draft rule calls for a “lottery” process, in which all nurseries could participate, several commentators have expressed concerns that a lottery may not be the best method to ensure the most qualified nurseries will produce the best product.

In order to be qualified as a nursery to grow marijuana under the new law, the nursery must be certified by the Florida Department of Health as capable of growing 400,000 or more plants and must have operated as a nursery in the state for 30 continuous years. Only 5 nurseries, one in each area of Florida (northwest, northeast, central, southwest, and southeast Florida), will be legally allowed to cultivate marijuana under the law. If a nursery is chosen to cultivate medical marijuana, the nursery must then obtain a license that will cost $150,000, and the grower must also then post a bond of 5 million dollars.

Although still prohibiting recreational use of marijuana in the State of Florida, an amendment pending on Florida’s November ballot, Amendment 2, would allow for much broader medical use of marijuana. Amendment 2 proposes legalizing marijuana for a wide range of conditions, including but not limited to: cancer, glaucoma, HIV/AIDS, hepatitis C, Lou Gehrig’s disease, Crohn’s disease, Parkinson’s disease, multiple sclerosis or other conditions a doctor believes it likely that the benefit of the medical use of marijuana would outweigh the potential health risks. Additionally, the proposed amendment would allow for smoking marijuana, instead of solely permitting the ingestion of a cannabis oil.

The new Florida Medical Marijuana law does not authorize the private use or growing of marijuana. Further, recreational use of marijuana in Florida is still prohibited. This means that private use or possession of Marijuana will still be prosecuted as a violation of Florida Statute 893.13. Trafficking marijuana, cultivating marijuana, or having a hydroponic operation/grow house will still be prosecuted as a violation of Florida Statute 893.135. While possession of under 20 grams of marijuana constitutes a misdemeanor in the state of Florida, punishable by up to 1 year in the county jail, possession of 25 pounds of marijuana, or 300 or more marijuana plants constitutes a first degree felony punishable by up to 30 years in Florida State Prison.

Drug charges are serious, and are heavily prosecuted in the State of Florida. If you are facing marijuana charges, contact a knowledgeable attorney who can review your case and help guide you through the system.

 

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, Legal Blog

Criminal Defense Overview

caseyreiteresq

Criminal charges in the State of Florida are a serious matter, regardless of the level. Misdemeanors, felonies, and even traffic criminal charges can have a long lasting effect on the accused’s life. Not only can the criminal sanctions in Florida be severe, as they may include jail or prison time, expensive fines, forfeiture, and a criminal record, but many people fail to realize that once arrested, even if the charges are dismissed, the arrest will likely be easily accessible online to anyone who searches by name.

A person being accused of a crime should never enter a courtroom without first having an attorney review the case. There may be possible defense options available, including the filing of a motion to suppress for a violation of constitutional rights by law enforcement. Or, there may certain programs that, if eligible and successfully completed, may result in the case being dismissed. It is extremely important to identify defense options as soon as possible, because, in general, the longer a person waits, the fewer options there are.

When you have been charged with a crime, you will want to meet with a criminal defense attorney to discuss your options, learn how to protect your rights, and try to maximize your chances of a positive outcome.

 

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.