Palm Beach Criminal Defense Blog: Criminal Law

Home -> Law Blog Directory -> Criminal Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Criminal Law

Palm Beach Criminal Defense Blog

Information about law and order in Florida for both practitioners and potential clients. Also some discussions about evidence and the death penalty.
By Ron Chapman

Post Frequency: 0.8/day

Last Entry: October 15, 2020 at 18:08:06

South Florida Sun-Sentinel: 2 Get "Deal of a Lifetime" in Drag Racing, DUI Crash That Killed Boynton Man

Posted on December 03, 2008
The following article appeared in the April 30, 2008 edition of the South Florida Sun-Sentinel. Ron Chapman represented and obtained a favourable outcome for the defendant Ramirez. By Nancy L. Othon South Florida Sun-Sentinel April 30, 2008 Two men who were racing cars and driving drunk when their friend was killed last year after a house party in Boca Raton received what a judge called the 'deal of a lifetime' Wednesday and were sentenced to one year in the Palm Beach County Jail after pleading guilty to DUI manslaughter...

Expunging a Minor's Criminal History Record

Posted on November 26, 2008
There is a procedure in Florida for expunging a minor's criminal history record. That procedure, which is contained in Florida statute section 943.0582, differs in at least three important respects from the procedure that exists for expunging the criminal record of an adult...

DUI & Double Jeopardy

Posted on November 22, 2008
Jeff Norman of The Huffington Post recently emailed me the following question: "What makes it legal for police to detain a DUI arrestee until he or she is 'sober,' when the only purpose of the detention is to maintain safety, and there is no intent to bring the arrestee before a judge for arraignment? I’m not questioning anything about the arrest or booking process; I’m only asking about the extended detention (usually an overnight jail stay) that begins when the booking process has been completed...

Racial Prejudice in the Criminal Justice System

Posted on November 17, 2008
In spite of all the progress that has been made during the last several decades in the area of race relations in the United States, a recent study suggests that many white Americans still hold negative views about blacks...

To access this complete feed in the blog feed reader login or register for free.

When Does Ramming Another Car Constitute the Crime of Aggravated Battery?

Posted on November 09, 2008
In many cases in which an individual is charged with committing the crime of aggravated battery, the weapon that is used is a knife or a gun. However, it is also possible to commit aggravated battery using a car...

When is a Fork a Deadly Weapon?

Posted on November 02, 2008
In the case of C.A.C. v. State of Florida, the Second District Court of Appeal was asked to decide whether a fork is a deadly weapon in a case in which the accused individual was charged with committing the crime of aggravated battery...

What is the Crime of Aggravated Battery in Florida?

Posted on October 26, 2008
A person can commit the crime of aggravated battery in one of three ways in Florida. If a person, while committing the crime of battery: 1...

Georgia Law that Prohibited Registered Sex Offenders From Living Within 1,000 Feet of Areas Where Children Congregate Declared Unconstitutional

Posted on October 19, 2008
In 2007, the Georgia Supreme Court ruled as unconstitutional a Georgia law that prohibited registered sex offenders from living within 1,000 feet of child care facilities, schools, churches, or other areas where children congregate...

Heat of Passion is a Recognized Defense to the Charge of Murder in Florida

Posted on October 16, 2008
In the courts of Florida, heat of passion is recognized as a defense to the crimes of first and second-degree murder. Heat of passion is a mental state provoked by fear, rage, anger or terror that, combined with adequate provocation, is a defense to the crimes of first and second degree murder...

3 Reasons to Be Careful About Admitting Guilt When Entering a Pretrial Diversion Program

Posted on October 01, 2008
On July 12, 2008, I wrote an article on this website entitled "How to Get a Criminal Charge Dropped" in which I discussed Florida's pretrial intervention programs [PTI] that are authorized by Florida statutes sections 948...

Man Falls to His Death After Being Tasered: See Video

Posted on September 25, 2008
On September 20, 2008, I posted an article on this site which contains a videotaped recording of a police officer repeatedly using a taser on a man who was sitting on the ground by the side of the road in Washington County, Florida...

Excessive Use of Force? Watch the Video and Decide for Yourself

Posted on September 20, 2008
In a recent federal case called Buckley v. Haddock, the Eleventh Circuit Court of Appeals was asked to decide whether a deputy sheriff's repeated use of a taser gun while trying to arrest a motorist by the side of the road in Washington County, Florida constituted excessive use of force in violation of the Fourth Amendment to the United States Constitution...

Proffer Agreements in Federal Criminal Cases

Posted on September 16, 2008
It is often the case that the evidence against persons charged with federal crimes is overwhelming while the sentences imposed are severe. Because of that, many people who are charged with federal crimes are more interested in entering into a plea agreement with the prosecutor (who is called an Assistant United States Attorney) than they are in having a trial where their guilt or innocence is decided by a jury consisting of twelve members of the community...

Former West Palm Beach Mayor Nancy Graham Facing Criminal Charges

Posted on September 12, 2008
During the 1990's, many people credited the revitalization of downtown West Palm Beach, Florida to then-Mayor Nancy Graham. Graham's fortune has changed for the worse, however, as she is now facing criminal charges in San Diego, California...

Be Careful About Where You Leave Your Trash!

Posted on September 08, 2008
If you think that the police cannot search your trash simply because you put it into your garbage can and place it in front of your home to be picked up by trash collectors, think again! In the case of California v...

11 More Frequently-Asked Questions About Sealing Your Record in Florida

Posted on September 02, 2008
I recently posted an article entitled "11 Frequently-Asked Questions About Sealing Your Record in Florida." In that article, I noted that the Florida Department of Law Enforcement (FDLE) website contains several frequently-asked questions and answers about sealing criminal history records in Florida...

11 Frequently-Asked Questions About Sealing Your Record in Florida

Posted on August 29, 2008
The Florida Department of Law Enforcement website contains several frequently-asked questions and answers about sealing criminal history records in Florida. This article discusses 11 of those questions...

Where Can You Live in Florida if You Are a Registered Sex Offender?

Posted on August 22, 2008
The Florida Department of Law Enforcement website answers the question regarding where registered sex offenders and sexual predators may live in Florida as follows: "In very general terms, barring any exceptions as so outlined in Florida Registration Statute, if a subject is a registered offender, who has a released status (meaning he/she is no longer serving any sanctions for the crime), and his/her offense date was committed before 10/1/2004, there is no Florida Statutory restriction on where he/she can live based upon his/her designation as an offender/predator...

So What If the Police Knock Down Your Door!

Posted on August 17, 2008
Florida statute section 933.09--sometimes called Florida's version of the so-called knock-and-announce rule--states that a police officer "may break open any outer door, inner door or window of a house, or any part of a house or anything therein, to execute [a] warrant, if after due notice of the officer's authority and purpose he or she is refused admittance to said house or access to anything therein...

Florida's New Marijuana Grow House Law

Posted on August 14, 2008
During the last few years, I have represented several clients in both State and Federal Court who have been charged with growing marijuana plants in their homes. Therefore, I was particularly interested to learn that on July 1, 2008 a new law went into effect in Florida called the Marijuana Grow House Eradication Act...

Alaska Supreme Court Declares Sex Offender Registration Law Unconstitutional

Posted on August 11, 2008
On July 25, 2008, the Alaska Supreme Court declared Alaska's Sex Offender Registration Act unconstitutional. In a blog that I posted on this website on June 5, 2008 entitled "Sex Offender Registration: Is It Punishment?," I observed that "[i]n the case of Smith v...

You May Have Been Charged with Grand Theft But Can the Prosecutor Prove It?

Posted on July 30, 2008
According to Florida statute section 812.014, it is a third-degree felony in Florida for a person to steal property that is valued at $300.00 or more but less than $5,000.00. Although this law is perfectly straightforward, prosecutors sometimes have trouble actually proving that the stolen property had a value of at least $300...

Is Your Probation Officer Exceeding His or Her Authority?

Posted on July 28, 2008
When a person is placed on probation in Florida, the sentencing judge orders the person being placed on probation (the probationer) to complete certain conditions; he also orders the probation office to monitor the probationer's progress...

How to Avoid Sex Offender Registration

Posted on July 15, 2008
Anyone who is a registered sex offender or a registered sexual predator in Florida should read Florida statute section 943.04354 which is entitled "Removal of the requirement to register as a sexual offender or sexual predator in special circumstances...

How to Get a Criminal Charge Dropped

Posted on July 12, 2008
Florida statute section 948.08 and section 948.16 pertain to what are called "pretrial intervention programs." If someone has been charged with a crime in Florida and he is permitted to enter a pretrial intervention program (or "PTI"), the charge against that person is eventually dropped if the individual successfully completes the program...

10 Requirements for Sex Offenders Who Are on Probation

Posted on June 21, 2008
Many people agree to go on probation for sex offenses without knowing how strict the conditions of probation are for sex offenders in Florida. In many cases, it is only when they go to the probation office for their first meeting that sex offenders are told about the special conditions of probation that apply to them...

National Law Journal: Challenges Grow Over Sex Offender Laws

Posted on June 16, 2008
The following story (subscription required) appeared in the Monday June 9th edition of the National Law Journal:Challenges grow over sex offender lawsWelter of confusion over restrictions. Pamela A. MacLean / Staff reporterJune 9, 2008 The creation of complex sex offender registration systems and increasingly stringent limits on where offenders may live has spawned hundreds of legal challenges in state and federal courts throughout the nation...

Federal Judge with Pornographic Website

Posted on June 15, 2008
The following article appeared in the National Law Journal regarding a federal appeals judge who, until just recently, maintained a pornographic website:Experts mixed in reaction to Kozinski's X-rated Web posts Amanda Bronstad / Staff reporter June 12, 2008 Legal ethics experts disagree about whether Alex Kozinski, presiding judge of the 9th U...

Sex Offender Registration: Is It Punishment?

Posted on June 05, 2008
Florida statute section 943.0435 states that sexual offenders must register with the Florida Department of Law Enforcement (FDLE), and Florida statute section 775.21 states that sexual predators must likewise register with FDLE. Registration requirements include such things as having one's picture posted on the Internet, notifying the Sheriff's office when changing addresses (for the remainder of one's entire life), and having a driver's license which indicates that the driver is a registered sex offender or predator...

U.S. Supreme Court Gives Police More Authority to Search People

Posted on May 23, 2008
In the recent case of Virginia v. Moore, the United States Supreme Court ruled that the police did not violate the fourth amendment's prohibition against unreasonable search and seizures when they arrested a man in Virginia based upon probable cause but prohibited by Virginia state law...

Previous | Next

Related Law Bulletins

Pennsylvania Nursing Home Director Admits Criminal Neglect of Patient
Donna Cameron, of Ashton Pennsylvania, who was the former Director...

Finally, A Rational Discussion Of The Criminal Alien Program In Irving
My friend René Castilla has written an excellent guest editorial ...

Criminal Intimate Abuse Declining?
Criminal violence against intimate partners has dropped nearly two...

Immigration Consequences Of Criminal Convictions
IntroductionFor non-citizens, the immigration consequences of a cr...

Medical Malpractice: Your Case Is On The Trial Calendar-Can Defense Lawyers Talk to Your Doctor?
Your New York attorney has notified the Court that your case is re...