Tampa Criminal Defense Blog

According to the Fifth Amendment to the United States Constitution, "No person shall... be subject for the same offense to be twice put in jeopardy of life or limb...." Being "twice put in jeopardy" -- or "double jeopardy" means being tried or punished twice for the same offense. So, for example, if a defendant receives a state criminal conviction for violent crimes he or she committed in Florida, the defendant could assert a double jeopardy defense if the state attempts retrial on the same crimes.

Double jeopardy has been a cornerstone of federal since the U.S. Constitution was ratified. However, this Fifth Amendment safeguard has only been guaranteed under state law for about half a century. Some states may have already had laws or constitutional provisions offering citizens protection from double jeopardy. But in 1969, the United States Supreme Court decision in Benton v. Maryland held that Fifth Amendment protections extended to the states via the Fourteenth Amendment. In fact, Benton extends all the guarantees in the Bill of Rights (Amendments I through X) to state governments.

Across Florida - particularly on the Atlantic Coast - news media and citizens alike are reacting to a recent list that calls out 11 Sunshine State municipalities for their violent crime rates. The Top 100 Most Dangerous Cities in America, published by Alarms.org compiled the list in response to the shooting at a Parkland, Florida school. In spite of the alarms the list may be sounding, it also notes that the incidence of violent crimes in the country actually appears to be dropping.

Although the report acknowledges the dip in violent crime, the media in some Florida cities took umbrage at being included at all. A television station in West Palm Beach, WPTV, pointed out that the statistics used to compile the "Most Dangerous Cities" list were four years old. Noting that three of the cities on the list were in Palm Beach County - Belle Glade, Lake Worth and Riviera Beach - WPTV gathered its own statistics from local law enforcement agencies.

There are many good people in the Tampa area who are struggling under the weight of a drug addiction. Often, their addictive behaviors are simply ways they cope with deep-seated trauma or other issues over which they may have had no control.

Still, drug use has a tendency to land even decent people in serious trouble with the criminal justice system. In addition to drug possession being a crime in and of itself, people often do things while high that they would never do were they sober, and many of these behaviors are also against the law and can lead to prison time.

Many of us n Tampa have made the less than two-hour drive to visit Disney World. While theme park is known for bringing smiles to the faces of visitors, it was recently the site of the arrest of U.S. Rep. Darren Soto's wife Amanda on a charge of disorderly intoxication.

The congressman later released a statement that his wife has been dealing with mental health issues for years and that she regrets the actions that led to her arrest. The case will, hopefully, serve as reason for people to reflect on the struggles many have with depression, self-medication, addiction and sometimes arrests.