Tag: Palm Beach Criminal Defense Lawyer

Legal Blog, Legislative Update, Marijuana, Recent News

Boynton Beach Marijuana Update

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The Boynton Beach City Commission voted on Tuesday to go forward with the October 21, 2014 hearing to discuss a possible moratorium on businesses in the city from producing or distributing medical marijuana.

The vote was apparently unanimous. After the October 21, 2014 hearing, the Boynton Beach City Commission will have to vote twice on a temporary ban of the businesses in the city from producing or distributing medical marijuana in order for the ban to become official.

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, Marijuana

Marijuana Ban in Boynton Beach?

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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.

Legal Blog, Recent News

Waldo Florida Police Department Disbanded

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The small police department of Waldo, Florida has been disbanded, after officers reported they were forced to meet an “illegal ticket quota.” This news comes just weeks after the police chief resigned

The Waldo Police Department had only seven (7) police officers, yet those seven managed to write 12,000 speeding tickets last year, which resulted in the collection of more than $400,000 in fines.

Waldo’s City Council voted this week 4-1 in favor of eliminating the small police department.

Criminal Defense, DUI, Legal Blog, Probation, Recent News, VOP

Amanda Bynes DUI Arrest

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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.

Blood Draw, Criminal Defense, DUI, Legal Blog, Recent News

Goodman Hearings Continued

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The continuation of the Goodman hearings in advance of the October 6th re-trial date are underway again this morning. As discussed in last week’s article, Goodman’s retrial regarding the highly publicized 2010 Wellington crash that resulted in Scott Patrick Wilson’s death is scheduled to begin on October 6, 2014. Today, one of the issues to be discussed is the validity of the blood alcohol test results due to the methods used to collect Goodman’s blood after the fatal crash.

Laura Barfield, a former crime lab analyst at FDLE (Florida Department of Law Enforcement), took the stand this morning to testify about the blood testing methods used in the Goodman case. Barfield was the manager of the alcohol testing program at FDLE in 2010 during the initial testing of Goodman’s blood. However, she resigned in April of 2013 in the wake of a scandal involving her alleged charging of personal expenses on her State credit card.

Barfield testified this morning that there are various steps necessary when taking a blood draw and testing that are all important to obtain the proper result. For example, the use a non-alcohol wipe is crucial so as not to introduce outside alcohol into the blood sample when blood is being drawn. Additionally, the Goodman defense team has raised the argument that Goodman’s blood alcohol test results are flawed because the wrong sized needle was used; however, according to Barfield, the testing rules do not require a certain sized needle to be used.

The hearings will continue today and go through Wednesday. The Palm Beach Post has a live feed of the testimony, found here.

In Florida, blood tests are typically the most accurate of the alcohol level tests, but also are considered to be the most invasive. As a result, blood draws are only permitted in limited circumstances (without consent), such as where there was an accident involving great bodily injury or death. In Florida DUI cases, defense attorneys are sometimes able to argue that blood results are invalid and should be suppressed for a variety of issues, including: the use of an alcohol swab to clean the skin before the blood is drawn (as discussed above); testing blood serum as opposed to a whole blood sample; the ingestion of certain prescriptions, medicines, vitamins and foods that could affect the blood results; fermentation in the sample vial; an insufficient sample amount due to blood coagulation; blood vial mix ups; and blood vial contamination.

A Palm Beach DUI lawyer can investigate these potential defenses when someone has been charged with a driving under the influence charge involving a blood draw.

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.