Category: Blog

The law throughout the United States is that the police may not detain an individual whom they have stopped for any longer than necessary to accomplish their reason for stopping that person in the first place.   For example, say that the police stop your car because you are driving 10 miles per hour over the posted speed […]

Since the reimposition of the death penalty in the United States in 1976, 1,029 people have been executed (as of March 2007). Over one-third of those have been executed in Texas (385 as of March 8, 2007).  One has to wonder about this large number of executions in Texas in light of the fact that just […]

I am sometimes contacted by individuals who have been charged with the crime of possessing less than 20 grams of marijuana.  In Florida, that crime is a misdemeanor.   Often these individuals ask me if they can resolve their case quickly by simply going to court and pleading guilty.  I explain to them that although they may […]

When a person is charged with DUI in Florida, there are two different ways for that person's driver's license to become suspended: 1.  The Florida Department of Highway Safety and Motor Vehicles can suspend someone's license if the person refused to submit to a lawful breath, blood, or urine test or if the person had […]

I often receive telephone calls from people asking if I can help them get their criminal record expunged.  I ask them if they are eligible to have their criminal record expunged or merely sealed.  The response is usually silence since most people do not realize that there is a distinction in Florida law between getting […]

Is Lethal Injection Unconstitutional?  The United States Supreme Court is set to decide this very important question.  The following article discusses the death penalty case that the High Court will rule upon in deciding whether lethal injection passes constitutional muster: Public Defender Builds Injection Case Published: 1/1/08, 12:45 PM EDT By BRETT BARROUQUERE FRANKFORT, Ky. […]

The following story appears in the Palm Beach Post newspaper.  Although it originates in South Florida, the story could happen anywhere. DNA TESTING ON TRIAL By Susan Spencer-Wendel Palm Beach Post Staff Writer Sunday, December 23, 2007 WEST PALM BEACH — Exonerations using DNA evidence have topped 200 cases now, corroding confidence in the American […]

            Sometimes when a man is arrested for the crime of domestic battery in Palm Beach County Florida, the judge who sets his bond orders him to have no contact with the alleged victim (which is usually the man's wife or girlfriend).  Often the judge enters such a "no-contact" order […]

Earlier this month, the U.S. Supreme Court ruled that the federal guidelines on sentencing for cocaine violations are advisory only, rejecting a lower court ruling that they are effectively mandatory. Judges must consider the Guideline range for a cocaine violation, the Court said, but may conclude that they are too harsh when considering the disparity […]

BODY: I previously authored a post entitled "Disparity in Sentencing and Crack Cocaine."  Earlier this month, the U.S. Supreme Court addressed this same issue in two different cases.  The result was a resounding win for both defendants.  In his blog entitled "Sentencing Law and Policy," Professor Douglas A. Berman summarizes the two cases as follows: […]