Category: Criminal Defense
Unflattering Facebook Photo Leads to Arrest
Although not a Florida case, I thought it was worth posting:
A Columbus, Ohio woman was arrested last month after she observed her mugshot posted on the police department’s Facebook page and complained that she wanted it removed. Monica Hargrove’s picture had been posted on the Facebook account as part of the police department’s weekly roundup they refer to as “#WarrantWednesday.” Hargrove reportedly had an outstanding warrant for aggravated robbery and kidnapping. According to Denise Alex-Bouzounis, public information officer at the Columbus Police Department: Hargrove contacted the detective listed on the Facebook post and said, “‘Hey, I want my picture down,’ “[The detective] said, ‘Come on in and we’ll talk about it.'” Hargrove then went to the police station, where she was taken into custody.
Full story found on the Huffington Post, here: Facebook Mugshot Arrest
Anyone whose mugshot is posted on a police Facebook page should contact a criminal defense attorney before heading down to the police station. A criminal defense attorney could facilitate a turn-in and have a bondsman ready. Additionally, a criminal defense attorney will be able to help protect your rights and advise you not to make any statements that could be (and will be) used against you.
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.
Marijuana Ban in Boynton Beach?
The Boynton Beach City Commission is to vote Tuesday night on whether or not they should have a medical marijuana hearing on October 21, 2014. If the commission votes in favor of the hearing, Boynton Beach citizens would be able to discuss whether or not the city should ban businesses in the city from producing or distributing medical marijuana. A potential ban could last up to 1 year.
The ban would depend upon whether Amendment 2 to the November Ballot is passed. Presently, as of January 1, 2015, authorized Florida doctors may begin writing prescriptions for authorized strains of marijuana. However, the passage of 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. Thus, the concern in Boynton Beach is of the unforeseen impact that the opening of medical marijuana stores would have on the city.
It is important to note that Florida marijuana laws still do not authorize the private/recreational use or growing of marijuana. Possession of Marijuana (without a prescription) is prosecuted as a violation of Florida Statute 893.13; 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. Anyone facing marijuana charges in Palm Beach County should contact a knowledgeable Palm Beach 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.
Michael Phelps DUI Arrest
It seems to be a bad week for celebrity drivers. Michael Phelps was arrested today for his second DUI after a Maryland Transportation Authority police officer observed the Olympian travelling 84 miles per hour in a 45 mile per hour zone. Phelps allegedly performed poorly on field sobriety exercises and was placed under arrest.
Phelps was previously arrested in 2004 for driving under the influence in Maryland, after which he pled guilty and received a sentence of 18 months probation.
Details about Phelps’ current arrest are still developing.
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.
Amanda Bynes DUI Arrest
Former Nickelodeon Star, Amanda Bynes, was arrested this week for Driving Under the Influence after police determined that Bynes was under the influence of an “unknown drug.” California Highway Patrol allegedly observed Bynes’ vehicle stop in the middle of the intersection after approaching a red light. CHP pulled Bynes over and requested that she perform field sobriety exercises, which she was allegedly unable to complete.
Bynes is reportedly due in court on October 23, 2014.
While Bynes’ recent arrest would typically be charged as a misdemeanor offense, there are some complications in light of the fact that Bynes was sentenced to three years of probation in February stemming from her 2012 DUI arrest.
In Florida, a Second DUI within 5 years of a prior DUI conviction is punishable by 10-270 Days in county jail, a fine of $1,000-$2,000, probation of up to 1 year, 5 years of a driver’s license suspension, 30 days of vehicle immobilization, and 1 year of ignition interlock.
Additionally in Florida, a new arrest while on probation could lead to a violation of probation on the prior charge. This means that in addition to facing criminal liability on the new charge, probation could be terminated as “unsuccessful,” and the original sentence on the underlying crime (in this case it would be the first DUI) could be reinstated.
A Florida criminal defense attorney can review a violation of probation case and determine the proper steps to be taken in defending the VOP. Sometimes, attorneys are able to file motions for in court surrender to avoid jail, or to negotiate with the state attorney to have the terms of probation reinstated. Each case is different. Anyone facing a probation violation in Florida should contact a Florida criminal defense lawyer.
Further, anyone charged with a DUI in Palm Beach County should contact a Palm Beach Criminal Defense Lawyer to review their defense options.
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.
Casey Reiter 