For years, Florida courts operated under the “plain smell doctrine,” which permitted law enforcement officers to initiate searches based solely on the detection of marijuana odor. However, with the federal and state legalization of hemp and medical cannabis, the legal landscape has shifted. Hemp and marijuana often produce similar smells, complicating the once-straightforward correlation between…
How to Get the Medical Marijuana in Florida: The Process Florida passed Amendment 2, also known as Florida’s Medical Marijuana Initiative, on November 8, 2016. It passed with 71% of voters approving the bill. However, implementing the law has been a time-consuming process. Today, the legislature is still altering many aspects of the new law,…
Florida Medical Marijuana Laws are Confusing: What Residents Need to Know As state legal codes become increasingly complicated, it can be difficult for citizens to keep track of current and upcoming changes to the laws they are expected to live by, even those that may affect their lives. Even worse, is the barrage of news and opinion pieces that surround…
Violations of the New Medical Marijuana Laws Florida is one of the 29 states that has legalized the use of medical marijuana. However, this legalization does not imply a relaxation of criminal laws regarding marijuana. Unauthorized possession and distribution remain criminal offenses that can result in felony charges. Additionally, driving under the influence of marijuana is…
Aggravated Manslaughter: Leaving a Child in a Hot Car Recently, a Florida firefighter was charged with aggravated manslaughter in the death of his toddler. The firefighter put his two children in the backseat of his car around 8:30 a.m., dropped off his daughter at kindergarten and then forgot about his toddler son. The child spent…
It Isn’t Just Sex! Making Sense of Florida’s Complicated Prostitution Laws It is an accepted fact that Florida’s prostitution laws are stringent, as part of the state’s resolve to diminish or extinguish the prostitution industry and help stop the serious problem of sex trafficking. As these laws have become tougher, they have also become much more complicated.…
Lesser Included Offense In Florida, it is not uncommon for prosecutors to charge a criminal defendant with several offenses even though they all arose from the same conduct. For example, a defendant may be charged with simple possession of cocaine and also with the possession of cocaine with the intent to distribute. In order to prove…
What is the Difference in a Dismissal with Prejudice and Without Prejudice? After criminal charges have been filed and the case is pending, either the prosecution or the defense may make a motion asking that the charges be dismissed. The court may grant the motion and dismiss the case either with prejudice or without prejudice. Dismissal…
The Marital Privilege Statute If you are charged with a criminal offense and expect to go to trial, you may ask if your spouse can be forced to testify against you. Florida law provides for communications between married couples to be privileged. This means that one spouse cannot be forced to testify against the other…
Parental Liability Defense In March 2016, a Florida mother and her toddler son made national news when the child shot his mother in the back. The mother was driving a truck and her 4-year-old son was sitting in the back seat. The mother’s gun, which she had placed under the driver’s seat, slid into the back where…