Legal Blog – Page 6 – Casey Reiter

Red Light Camera Update

October 16, 2014March 20, 2016 caseyreiteresq

A significant ruling from the Fourth District Court of Appeal this week may have a large impact on the red-light cameras, not only in Broward and Palm Beach Counties, but throughout the State of Florida.

The 4th DCA issued a 9 page opinion on Wednesday, dismissing a traffic ticket issued in 2011 as a result of a red-light violation. In its ruling, the court held that the city of Hollywood, Florida cannot delegate its legal authority to issue traffic tickets to a private, for-profit third party – in this case, American Traffic Solutions (ATS). ATS is a Phoenix, Arizona company that administers a majority of the red light cameras throughout the State of Florida. Basically, after someone runs a red light, the red-light camera sends the picture and video of the violation to ATS, who then reviews the video to determine if a violation occurred and then sends the information to the applicable Florida Law Enforcement agency.

In its ruling, the Court said:

“For all practical purposes, it is the vendor that decides which cases the TIEO [Traffic Infraction Enforcement Officer] gets to review; it is the vendor who initially determines who is subject to prosecution for a red light violation; it is the vendor that obtains the information necessary for the completion of the citation; it is the vendor that creates the actual citation; it is the vendor that issues the citation to the registered owner of the vehicle; and, it is the vendor that eventually transmits the traffic citation data to the court. . . . Although the City may have some input into who eventually is prosecuted, that decision is wholly dependent upon the vendor’s initial determination.

. . . Florida Law does not grant the City any authority to delegate to a private third-party vendor the ability to issue uniform traffic citations. The City also lacks the lawful authority to outsource to a third-party vendor the ability to make the initial review of computer images of purported violations and then use its unfettered discretion to decide which images are sent to the TIEO, and which ones are not. The City improperly delegated its police powers when it contractually outsourced its statutory obligations to a for-profit, non-governmental corporation.”

The full decision can be found on the 4th DCA’s website, here: 4D12-1312-City of Hollywood, a political subdivision of the State of Florida v. Eric Arem

Criminal Defense, Legal Blog

What Happens After A Person Is Arrested in Florida?

October 15, 2014March 20, 2016 caseyreiteresq

This educational guide provides a general summary of the basic legal process in a Florida criminal matter, and follows closely along with the infographic below.

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.

Drug Charge, Legal Blog, Recent News

Ending the War on Drugs

October 15, 2014March 20, 2016 caseyreiteresq

Richard Branson, founder of Virgin Group and member of the Global Commission on Drug Policy, published an interesting article on ending the War on Drugs this week which included a discussion of sentencing guidelines.

According to the article, the United States currently keeps more people in prison than any other country in the world:

“More than 2.4 million people languish in federal, state and county prisons, many of them non-violent drug users serving life sentences triggered by misguided three-strike laws that don’t distinguish between petty theft and armed robbery. Prisons everywhere are overcrowded, while law enforcement and judicial resources are wasted. It’s a travesty that has created a vicious and inescapable cycle of incarceration, ruining the lives of thousands of non-violent offenders in the process.”

Branson references the “War on Drugs,” which was initiated by President Richard Nixon over 40 years ago, as a “spectacular failure,” citing to the more than $1 trillion spent battling the war and the tens of thousands of lives lost in law enforcement, while the demand for drugs remains as strong as ever.

Within the article, Branson compassionately argues that the solution is sentencing reform:

“Current drug laws need a whole range of fixes, but there is one issue where relatively simple changes in the law could literally mean the difference between a life behind bars and a fresh start for thousands, while saving millions in taxpayer funds: I’m talking about sentencing reform.”

The complete article can be found here: “Let’s Fix It: End the War on Drugs.”

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

What to Expect During Jury Selection

October 14, 2014March 20, 2016 caseyreiteresq

Many people are curious as to what they should expect when participating in jury selection – either as a potential juror or as a party in a trial. The following is a brief explanation of the Jury Selection process in Palm Beach County, Florida:

When jury selection begins, the presiding judge will typically begin with a lengthy explanation of the legal process. Then, the judge will usually have the jury pool (or, the potential jurors) read aloud and answer pre-printed questionnaires created by the judge. These questionnaires have generic questions, such as marital status, employment, prior jury service, prior involvement in law suits, and other similar types of questions to allow the State and Defense to learn the background of the jurors. Once the jury has finished answering these questions, then the State and Defense will begin asking their own questions, with the State presenting first.

As a criminal defense attorney, the way I choose which questions I am going to ask a jury really depends on the facts of the case and the charge my client is facing. My jury questioning (or “voir dire”) usually begins with an “ice breaker” and an introduction of the jury to the criminal process in general, which will vary depending upon the thoroughness of the Judge’s and the State’s explanations. I want to make sure the jury understands its job, and I want to make sure they understand I am looking for jurors who will be fair. I have a few standard questions that I like to ask, such as “what are your thoughts about police officers” or “have you ever been a victim of a crime” to get an idea of how these jurors view the criminal justice system. I want to know if there are jurors who love police officers and will believe them no matter what the facts are, just as the State wants to know if there are jurors who hate police officers. Then, I will ask specific questions based on what I think are the important issues in the particular case that is there for trial. For example, if my case involves a witness who has been convicted of a crime before, I want to find out if there are jurors who are going to discredit his testimony based solely on that fact. Or, if I have a case that involves a scientific process, such as a breath testing machine in a DUI case, I want to ask questions about who will blindly trust the science, and who will question it and make his or her own determination based upon the evidence presented.

Jury selection is sometimes jokingly referred to as “jury deselection,” because the goal truly is, not to eliminate jurors, but to eliminate bias against issues in your particular case. If there are jurors that have given answers that appear biased one way or another, criminal law attorneys will follow up with those jurors specifically to ferret out the impartiality. If a juror is wavering on an important issue, criminal law attorneys will ask follow up questions to determine that particular juror’s true feelings, and ultimately determine whether that person can be fair and impartial at the end of the day, or if that person should be dismissed from the jury. Judges often inform jurors that there is “no wrong answer,” and that is entirely correct – everyone is entitled to their own opinions and beliefs, and are encouraged to express them during jury selection. Not being selected as a juror is not an insult; it simply means that the particular potential juror did not fit the issues on the case. Everyone involved in a trial, State and Defense alike, is entitled to a fair trial with impartial jurors who will be able to follow the law.

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.