http://www.floridacriminallawblog.com/ en-us 2008-06-30T09:19:00-06:00 http://www.floridacriminallawblog.com/2008/06/ray_guhn_prosecution_in_pensac.html In Santa Rosa County last week four individuals from Escambia and Santa Rosa County entered pleas relating to state court charges of RICO, Florida Statute 895.03, which basically means “running a criminal enterprise by a pattern of criminal incidents.” In... Florida's RICO statute floridacriminallawblog-1 2008-06-30T09:19:00-06:00 http://www.floridacriminallawblog.com/2008/05/internet_crimes_a_new_battlefi.html Also, this case potentially could impact the law of solicitation in regards to the First Amendment more so than the impact on child pornography law. Eugene Volokh of the "Volokh Conspiracy" writes: "Today's U.S. v. Williams opinion might seem like a child pornography case; but the key (though not unexpected) holding is that there is a First Amendment exception for solicitation of crime or offer to commit a crime, see Part II-B. This is not the same as the "incitement" exception, which bars only speech that's intended and likely to produce imminent lawless conduct. Rather, it's an exception that covers a proposal to engage in specified illegal activity, even if the activity is to happen at some unspecified time in the future, and even if the activity isn't likely to happen. "Please help me out of my marital problems, my friend, by killing my wife" wouldn't be incitement, for instance, but it would be solicitation. Likewise, "please help me out of my marital problems, my friend, by shooting my wife right now" probably wouldn't be incitement if it was highly unlikely to succeed, but it would also be solicitation or attempt (some solicitations are punishable as attempts). Solicitation to commit a crime is generally outlawed, but of course criminal laws have to pass muster under the First Amendment. Williams holds that this is indeed so." obscenity law--child pornography floridacriminallawblog-1 2008-05-25T10:13:54-06:00 http://www.floridacriminallawblog.com/2008/04/is_attorney_contact_with_witne_1.html Often times it is necessary, in the right type of case, to contact the victim/witness simply to develop a relationship with them and obtain their version of events. In some cases where the evidence of guilt of the client is... Developing Relationships with Victims and Witnesses floridacriminallawblog-1 2008-04-21T10:45:52-06:00 http://www.floridacriminallawblog.com/2008/04/trying_to_negotiate_charges_pr.html In Pensacola, as elsewhere in Florida, once a law enforcement agency arrests a person the paperwork is then forwarded to the State Attorney's Office (prosecutor's office) to determine what formal charges should actually be filed. An arrest by the... Negotiating Charges floridacriminallawblog-1 2008-04-19T09:48:13-06:00 http://www.floridacriminallawblog.com/2007/11/steroid_laws_in_florida_and_in.html With all the Barry Bonds media coverage I thought it might be helpful to discuss an area of Florida and Federal law that could impact many athletes and even your local gym enthusiasts: the use of steroids or growth hormone... The Use of Testosterone and Performance Enhancing Substances floridacriminallawblog-1 2007-11-18T21:59:58-06:00 http://www.floridacriminallawblog.com/2007/10/new_rules_for_jurors_in_florid.html In 1999 the Florida Legislature passed the Juror’’s Bill of Rights, now codified as Florida Statute 40.50. In October of 2007, the Supreme Court of Florida adopted some of these ““rights”” and incorporated them into the Florida Rules of Procedure... Florida Juries Given Additional Rights floridacriminallawblog-1 2007-10-30T18:10:59-06:00 http://www.floridacriminallawblog.com/2007/10/authorities_raid_sweepstakes_a_1.html On October 4, 2007 this year, four sweepstakes arcades, including two in Pensacola were raided by a joint law enforcement task force including officials from the First Judicial Circuit Office of the State Attorney. The probable cause stated in... Gambling or Sweepstakes: What is the Difference? floridacriminallawblog-1 2007-10-21T07:34:15-06:00 http://www.floridacriminallawblog.com/2007/08/bringing_justice_to_pensacola.html I left Pensacola to travel to Wyoming on August 19th this year to spend another week at a graduate level program at the non-profit Trial Lawyer’s College (TLC). The lawyers and staff that attend live in a barn that has... Training for Trial Lawyers floridacriminallawblog-1 2007-08-26T23:50:36-06:00 http://www.floridacriminallawblog.com/2007/08/puppy_in_pensacola_reunited_wi.html In a Pensacola courtroom yesterday a courageous judge issued one of the most articulate, well reasoned decisions I have heard or been a part of in 22 years of practicing law - a decision based upon facts presented in a... Justice served floridacriminallawblog-1 2007-08-17T22:48:16-06:00 http://www.floridacriminallawblog.com/2007/04/penscola_deputy_found_not_guilty_in_beating_of_suspect.html In Pensacola last week I represented a Escambia County Deputy who was charged with felony battery on a handcuffed suspect. The Pensacola News Journal reported that my 300 pound former deputy client stomped on the suspect's head while handcuffed... Excessive Force floridacriminallawblog-1 2007-04-28T14:21:03-06:00