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Each lawyer in this firm has more than 25 years experience practicing criminal defense in Gainesville, Florida and surrounding areas, including Alachua, Levy, Bradford, Union and Gilchrist Counties.

(352) 378-1107

1800 N. Main Street
Gainesville, FL 32609
Fax (352) 378-0103
Visa / MC Acceptedcredit

How to Lose Your License Without Even Driving

There may be 50 ways to leave your lover, but driving away may not be one of them if you have violated a number of non-driving laws/regulations in the State of Florida.  It is reasonable to guess that violating civil or criminal traffic laws or using a motor vehicle to commit a crime might be cause to suspend one’s license, but many other reasons may provoke a revocation of one’s driving privilege.

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Federal Appellate Court Refuses To Find Florida’s Drug Statute Unconstitutional

On August 24, 2012, the United States Eleventh Circuit Court of Appeals reversed the Federal District Court that had found Florida’s drug statute unconstitutional in the case of Mackle Shelton vs State of Florida.   The Federal Circuit Court of Appeals did not actually decide the constitutional issue presented, finding instead that consideration of the defendant’s question of law was procedurally barred under the provisions of the Anti-terrorism and Effective Death Penalty Act (AEDPA) of 1996.  The lower court that was reversed had found that the Florida drug statute’s failure to require proof of knowing possession of contraband violated due process of law.

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In Sharply Worded Dissent, Florida Justice Perry Criticizes Majority Drug Law Ruling

In a sharply worded dissent in the case of State v. Luke Jarrod Adkins, Florida Supreme Court Justice James E.C. Perry criticizes the majority of the Court  and refers to their opinion as being built on a foundation of flawed “common sense” which shatters bedrock constitutional principles.

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Florida Supreme Court Upholds State Drug Laws

The Florida Supreme Court has ruled, in an opinion dated July 12, 2012, that Florida drug laws are constitutional, rejecting arguments that the drug statute’s failure to require proof of knowing possession violates due process of law.  In the case of State of Florida v Luke Jarrod Adkins, a five justice majority concluded that, “Given the broad authority of the legislative branch to define elements of crimes, the requirements of due process ordinarily do not preclude the creation of offenses which lack a guilty knowledge element.”

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May 4, 1970, Four Kent State University Students Killed By Ohio National Guard - Today In Crime History

On this date, May 4, in the year 1970, four students were killed and nine others wounded when members of the Ohio National Guard opened fire during a Vietnam War protest.  Approximately 67 shots were fired by the guardsmen over thirteen seconds.  Jeffrey Glenn Miller, age 20, was shot through the mouth and killed instantly.  Allison B. Krause, age 19,was shot in the chest and died later that day.  William Knox Schroeder, age 19, was also shot in the  chest and died almost an hour later in a hospital while undergoing surgery.  Sandra Lee Scheuer, age 20, was shot in her neck and died within a few minutes from loss of blood.  Among the wounded was Dean R. Kahler, who was shot in the back, causing permanent paralysis from the chest down.  All of those killed or wounded were unarmed.

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April 30, 1871, Settlers In Arizona Murder More Than 100 Indian Women & Children - Today In Crime History

On this date, April 30, in the year 1871, more than one hundred Apache Indians in Arizona were murdered by local settlers in what became known as the Camp Grant massacre.  Apaches refer to the site as g’ashdla a cho o aa or “big sycamore standing there,” with the unspoken understanding of what took place.

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Did George Zimmerman’s Prior Attorneys Do Him A Disservice?

On Tuesday , April 11, 2012, the so-called former attorneys of George Zimmerman announced to the media, and thus the public at large, they were withdrawing from further representation of the man under investigation for the shooting death of Trayvon Martin in Sanford, Florida.

Although attorneys have the ability to withdraw from cases under certain circumstances and although there really wasn’t an actual case to withdraw from as of Tuesday, questions remain regarding the decision to publicly disclose certain matters which may have the potential to negatively impact the defense.

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Trayvon Martin & The Rise Of A Lynch Mob Mentality

I suppose I should not write this.  I suppose I should just go with the flow created by the apparent overwhelming ground swell of the media and popular outrage over the Sanford Police Department’s failure to arrest George Zimmerman on a murder charge.  As a criminal defense attorney that knows well that the police are not only fallible but also capable of outright dishonesty, I still feel the need to speak in opposition to the idea that we can know with certainty the facts of this investigation by reading news reports or listening to popular media accounts.  As my friends and associates lineup on Facebook acknowledging that they have signed a petition essentially demanding that Zimmerman be immediately arrested, I can’t help but smell a lynch mob mentality that causes me to step back and urge caution.

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Alachua County Sheriff’s Office Arrests More Than 20 People In Internet Sting Operation

The Alachua County Sheriff’s Office, in conjunction with several other local law enforcement agencies, has arrested at least twenty different individuals for utilizing various Internet social meeting sites to allegedly attempt communication with a person believed to be a minor regarding sexual activity.   No actual children were involved - only adult law enforcement officers posing as minors.  The Gainesville television station WCJB reports that one of those arrested was an elementary school teacher.  This blog will not report the names of those arrested as all are presumed innocent.

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18963 Hits

January 30, 1956, Martin Luther King Jr’s Home Bombed In Montgomery, Alabama - Today in Crime History

On this day, January 30, in the year 1956, the home of Reverend Martin Luther King was bombed in Montgomery, Alabama.  To this day no person has ever been prosecuted for this violent criminal act.

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U.S. Supreme Court Unanimously Backs Privacy Rights In GPS Tracking Case

In a rare unanimous decision, the United States Supreme Court ruled on January 23, 2012, in U.S. v Antoine Jones,  that attaching a GPS device to a suspect’s vehicle is a search under the Fourth Amendment.   In one of the first major cases to test constitutional privacy rights in the digital age, the court ruled that police must obtain a search warrant before attaching a GPS tracker to a vehicle in a criminal investigation.

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January 18, 1981, Plasmatics’ Wendy O. Williams Arrested For Obscenity - Today In Crime History

On this day, January 28, in the year 1981, Plasmatics band member Wendy O. Williams was arrested on an obscenity charge for allegedly simulating a sexual act with a sledge hammer.  During her physical arrest, Williams was injured and was also charged with battery on a law enforcement officer.

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January 17, 1989, Patrick Purdy Kills Five School Children, Wounds Thirty Others - Today In Crime History

On this day, January 17, in the year 1989, at Cleveland Elementary School in Stockton, California, Patrick Purdy shot and killed five schoolchildren, and wounded 29 other children and one teacher, before committing suicide.  This event became known as the Cleveland School massacre.

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Did You Know Florida Cops Can Stop Your Vehicle For Drinking A Beverage In A Paper Bag?

At least one Florida Appellate Court has ruled that it is lawful to stop a vehicle because the driver was seen drinking a beverage in a paper bag.

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January 12, 1991, Reverend Al Sharpton Stabbed While Protesting - Today In Crime History

On this day, January 12, in the year 1991, civil rights activist Al Sharpton was stabbed while leading a protest.  The attacker, Michael Riccardi, would later be convicted and sentenced to prison.

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January 11, 1794, Robert Forsyth Becomes 1st U.S. Marshal Killed In Line Of Duty - Today In Crime History

On this day, January 11, in the year 1794, Robert Forsyth became the first U.S. Marshal killed in the line of duty.

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January 10, 1994, Lorena Bobbitt’s Trial For Severing Husband’s Penis Begins - Today In Crime History

On this day, January 10, in the year 1994, Lorena Bobbitt's jury trial for cutting her husband’s penis off began.  She would ultimately be found not guilty by reason of insanity. 

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Jan 9, 1979, Supreme Court Strikes Law Requiring Abortion Doctors Preserve Fetus' Life - Today In Crime History

On this date, January 9, in the year 1979, the U.S. Supreme Court struck down a Pennsylvania law that subjected abortion providers to criminal sanctions if they failed to attempt to preserve the life of a fetus when there is "sufficient reason to believe that the fetus may be viable" or when the fetus “is viable.”

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January 6, 1909, Young Afro-American, Arthur Davis, Lynched For Injuring Mule - Today In Crime History

On this day, January 6, in the year 1909, a young Afro-American, Arthur Davis, was lynched in Florence, South Carolina, for injuring a mule owned by a prominent white family.

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January 5, 1968, Dr. Benjamin Spock Indicted For Conspiracy To Aid Draft Dodgers - Today In Crime History

On this day, January 5, in the year 1968, a federal grand jury indicted child psychologist Dr. Benjamin Spock and four others for conspiring to aid draft dodgers.  Spock was tried and convicted, but his conviction was later overturned on appeal.

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13357 Hits