August 11, 2020

Conspiracy To Drug Trafficking: It Is A Criminal Offense

Conspiracy does not just revolve around super-secret FBI or CIA government information, such as the movie, “All the President’s Men” (Nixon’s Watergate scandal) or conspiracy theories that Area 51 is holding an alien species. Being arrested for conspiracy to drug trafficking is an actual criminal offense. Florida law states that any person who agrees or conspires with another to commit a drug trafficking act prohibited by law will be committing a 1st-degree felony. That felony carries the same punishable outcome as if that person committed the act. Therefore, drug trafficking and conspiracy to drug trafficking carry the same offense weight.

Because conspiracy to drug trafficking carries the same weight as a drug trafficking offense, the same mandatory minimum sentencing also applies. If the quantity for:

Marijuana is between 25-2,000 pounds or 300-2,000 plants

July 9, 2020

What is the Difference Between Rioting and Protesting? How am I Protected if I am Arrested?

by Adams, Luka, & Benton

The United States is currently in an uproar following the deaths of Breonna Taylor, Ahmaud Arbery, and George Floyd. There have been protests and riots across the country; citizens are exercising their rights against police brutality and racism. Some believe that the police are doing their jobs to keep themselves and everyone safe; others believe police officers target black citizens because of their race and they should have more training. As these protests and riots occur, people are getting arrested for violent acts in support of the cause. Still, U.S. citizens are taking action to spark a difference in police tactics and civil rights.

From a legal standpoint, there is a difference between protesting and rioting. Protesting is a way to express your immense disapproval of something and is a right protected by the 1st Amendment of the Constitution; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Citizens have the right to walk and peacefully protest something they disagree with. The key word though is “peacefully.” If you choose to protest police brutality, support civil rights, or any other belief, you must do so in a peaceful manner. Examples of protests throughout United States history include:

The Women’s March on Washington

June 30, 2020

My Child Was Just Arrested By The Police. Does He Have Any Additional Rights As A Minor?

by Adams, Luka, & Benton

As a parent or guardian, it can be stressful to see your child in handcuffs or get a phone call that your child is at the police station for allegedly breaking the law. Minors do have specific rights in the juvenile justice system that are important to know if the situation ever arises. A person is considered a minor in Florida if they are under 18 years of age.

If a minor is arrested, the police must read the minor their Miranda Rights, which means they have the right to an attorney, and anything they tell the police can be used against them in court. If the minor does not read their Miranda Rights, any conversation between the minor and law enforcement will not be admissible in court as evidence. The minor may also have a parent present. If a minor requests their parents, the police must make a reasonable attempt to contact the parents and share the minor’s location, but police may still question the minor without a parent present. The minor has a right to an attorney, and either the parent may retain one or the minor will be assigned a court-appointed public defender. One exception to police questioning without an attorney is if the child is under 13 years of age and has been arrested for sexual assault or homicide, in which case the child may not be questioned at all without an attorney present.

After the minor is arrested and processed, a Juvenile Probation Officer will perform a risk assessment to determine if the minor is a flight risk. With that assessment, a Department of Juvenile Justice Officer will decide if the child may return home or should be held in a juvenile center before their detention hearing. If the minor’s risk level requires a juvenile center placement, they will be taken to either a Florida Department of Juvenile Justice Center or a Juvenile Assessment Center.

May 28, 2020

Law Enforcement Has Approached Me About Possible Fraudulence on My Small Business Payment Protection Program Loan Application. What Should I Do?

by Adams, Luka, & Benton

Two men in New England were charged with fraudulently applying for a Payment Protection Program (PPP) loan worth over $500,000. These loans, stemming from the recent CARES Act, were designed to assist small businesses during the COVID-19 pandemic. David Butziger of Rhode Island and David Staveley of Massachusetts were charged with conspiracy to make false statements on their SBA forms and conspiracy of fraud. Staveley was separately charged with identity theft and Butziger was separately charged with bank fraud. They claimed on their applications to have multiple wage-earning employees at four different businesses. The Justice Department stated the employees who claimed to work at the businesses were not actually employed. The FBI uncovered emails between the two men, discussing ways to create an application for a federal PPP loan and the supporting documents under false information without getting caught.

Butziger claimed his company, Dock Wireless, had seven workers on the payroll. The Department of Revenue determined, under further investigation, that those workers were not employed at Dock Wireless. Records further showed no evidence of any alleged workers except Butziger. Staveley claimed on his application there were dozens of employees unemployed across three restaurants he owned. However, under further investigation, it was determined two of the restaurants were closed before the pandemic hit early March, and the other restaurant had no indication Staveley was involved in the business.

For the men to be charged in a criminal court, they must be proven, beyond a reasonable doubt, to be guilty of the charges. Fraudulent applications to the PPP must have evidence containing immense wrongdoing in one or more of the four categories needed on the original application: 1) necessity for the loans, 2) size eligibility for the loan- less than 500 employees, 3) amount requested for the loan- under $10 million, or 4) the use of the loan- payroll, mortgage, rent, and/or utilities.

April 28, 2020

Whether police in Florida can legally force you to unlock your cell phone. (FL Supreme Court Update).

by Adams, Luka, & Benton

The Florida Supreme Court recently declined to consider whether law enforcement can legally force defendants to reveal their cellphone passcodes. In the case of Pollard v. State, 287 So. 3d 649, out of the Eighth Judicial Circuit in Alachua County, prosecutors sought to force the defendant to reveal the passcode to his cellphone as part of their criminal investigation. The case reached the Supreme Court of Florida; however, because the case was dismissed by the state attorney’s office, it will no longer be reviewed by the highest court in Florida.

This topic is a continuous debate between court systems and law enforcement throughout Florida and across the United States. Currently, two of the five Florida district courts are divided on the issue of requiring defendants to provide police with their cellphone passcodes. The 2nd District Court of Appeals which covers counties in the Southwest regions of Florida, has ruled a search warrant can require a defendant to provide their passcodes. In contrast, the 4th District Court of Appeals which covers counties in the Southeast regions of Florida, has ruled requiring a defendant to reveal their cellphone passcodes is unconstitutional violating a defendant’s Fifth Amendment rights against self-incrimination.

In the 5th District Court of Appeals (DCA), which covers the Central Florida regions including the counties of Lake, Osceola, and Orange; the court has not been presented with a case to rule on whether a search warrant required a defendant to unlock their cellphones. The 5th DCA has ruled on other situations involving the search of a cellphone. The court adopted the ruling in the case of Smallwood v. State, 113 So. 3d 724, which found that police needed to obtain a warrant to search a phone upon seizing it once an arrest had been made. The 5th DCA has also ruled on specific situations where a warrantless search of a cell phone is applicable. In the case of State v. Phillips, 266 So. 3d 873, the court found that a defendant on probation for sexual offenses created a greater public interest to justify a cellphone search without a warrant.

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