On behalf of Mike G Law posted in Criminal Defense on Friday, October 23, 2020
In a criminal proceeding, juries base their decisions on the evidence that is presented during trial. Evidence may be gathered by police, submitted by victims, or, in the case of Florida’s Williams Rule, may include a defendant’s past criminal history. The court system has certain rules around what kinds of evidence are and are not allowed to be considered in a trial. Prosecutors are not allowed to use evidence that was collected illegally or use someone’s past criminal history as evidence that they are going to commit a future crime. However, Florida’s Williams Rule changes things for defendants. This rule states that prosecutors may use someone’s past criminal record when trying to prove different factors like motive, intent, opportunity, and... Read More »
On Memorial Day, golf legend Tiger Woods was found sleeping in his car near his Jupiter home. Unfortunately for him, the person who discovered him was a police officer. Police dashcam video shows Woods’ car improperly parked, and field sobriety tests performed for the camera show the professional golfer confused and disoriented. He has been charged with DUI and improper parking. Nevertheless, he passed two Breathalyzer tests with flying colors and apparently passed a urine test, as well. He was not drunk. According to a statement by Woods, the events occurred due to "an unexpected reaction to prescribed medications" he was taking during rehab after back surgery. He says he didn’t realize the medication would affect him so strongly and... Read More »
On behalf of Mike G Law posted in Marijuana on Thursday, May 18, 2017
How many retail dispensaries should a medical marijuana treatment center reasonably operate? The Florida House thinks it’s around 100 dispensaries per treatment center, but the Senate thinks it should be around 5. This disagreement has stalled the implementation of Florida’s medical marijuana amendment, to the consternation of many who voted for it. The bill looks dead for now. A spokesperson for the Department of Health said they continue to review public comments. If the agency makes rules at this point, litigation is expected. "The legislature chose political gamesmanship over the will of 71 percent of voters," said the executive director of Florida for Care. "The House got to poke the Senate in the eye one last time, but the real... Read More »
On behalf of Mike G Law posted in Marijuana on Friday, April 14, 2017
Drug Free America and its lobbying arm, Save Our Society From Drugs, opposed last year’s amendment to allow wider use of medical marijuana in Florida. Now, despite 71 percent of voters having an opposing view, the group is having a major impact on how the medical cannabis program is being structured. Some argue their impact is oversized. According to the Tampa Bay Times, Drug Free America sent lawmakers a list of suggestions, and 43 of them have already made it into the bill. By contrast, none of the language suggested by Florida for Care, one of the amendment’s authors, made it into the bill. "The suggestion that Drug Free America should be involved in the implementing language is absolutely ludicrous,"... Read More »
On behalf of Mike G Law posted in Marijuana on Thursday, April 6, 2017
In a recent appellate case in another state, a DUI defense attorney brought forward some pretty compelling evidence that the usual methods police use to determine whether someone is under the influence simply don’t apply to marijuana. No level of THC, marijuana’s psychoactive compound, has been shown to cause more impairment than someone would experience at a 0.05 blood alcohol level. Moreover, there’s currently no Breathalyzer-style test for THC impairment because no "red line" level for illegal driving has been established. Florida, like about half of the states and the District of Columbia, has legalized marijuana for at least some purposes. Here, marijuana is allowed for certain medical purposes. Even someone with a medical marijuana card, however, is prohibited from... Read More »
