Recent Blog Posts in 2010 |
| 4 posts found. Viewing page 1 of 1. |
| February 23, 2010 |
| Olympic size drug arrests & Gold Medal Lawyers. |
| Posted By Jerry |
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No matter how smart you think you are; no matter how trained you think you are; no matter how many times you've won in the past, law enforcement is hot on your heals to win the race to stamp out drugs and arrest you. Just as Olympic athletes train for years, so do law enforcement officers. They know how to stop you; they know how to spot you; they know how to catch you; they know how to search you and they know how to get you to "spill the beans."
FHP has trained officers on the road; the Sheriffs office has multi agency crime enforcement units made up of elite undercover officers from nearby counties and the police departments have confidential informants that include some of your closets friends.
But, you have me. A person who has spent years studying the law; years riding with law enforcement & observing them; years in the courtroom; years arguing motions and years fighting for your rights in trial.
Again, play by the rules and don't do, sell, traffic, cultivate or manufacture drugs. However, should you make those decisions, you are still afforded the right to a lawyer. And, just like you make mistakes, so do law enforcement. Bad stops; no independent observation of the drive pattern; improper warrants; unreliable confidential informants; illegal search & seizure; etc. all present potential arguments to suppress what was illegally obtained which would thereby dismiss the case.
Continue to enjoy the Olympics and your life. However, should you stray from the track, the Roden Law Firm will be here blazing the trail for you. Please think of me as the torch of light in dark times of drug arrests.
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| January 20, 2010 |
| Drugs, DUI and Consensual Encounters of the Third Kind |
| Posted By Jerry |
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It must be a full moon, or Jupiter must have just aligned with Mars, as it has recently snowed in Florida; the Village People are playing down the street from my law office in Fort Pierce and the practice of criminal defense has becomes more surreal by the moment. You see, you don't have to commit a traffic infraction to be arrested and you don't have to hate aliens to get beamed up. Earthlings, sometimes your fate can walk right up to you or hover above you. Or, conversely, you can inadvertently walk into a DUI or drug arrest. Such is the case with consensual encounters.
Consensual encounters - and were talking criminal defense types for those of you with naughty thoughts - is simply two people coming together or interacting willingly. Let's just say, you just had one too many drinks at a friends wedding and you decide to sleep it off in the parking lot of the mall. Cop sees you sleeping; intuitively knows that at 5 pm most folks aren't taking a nap at the mall; is concerned for your welfare; knocks on your door; you don't respond; he opens the door and you exhibit multiple signs consistent with being impaired - bum your busted for DUI. Let's also say your sitting in driver's seat of the car after having knocked back three large mugs of beer at dinner while waiting for your wife to pick up some milk for the kiddies in the morning; car is on; keys are in the ignition; your a/c & radio are cranked up; your signing your favorite song; you've been there for well over ten minutes and an officer just walks up to your window and engages you in conversation. Let's just say during this little chit chat and encounter, he notices your eyes are blood shot; you smell like booze and your slurring your words. Guess what, you now are a perfect specimen for a DUI investigation. Or, you're minding your own business in the car, or in a public park, and the storm trooper from a short distance away looks into your car, or stares down where your seated, and goodness gracious, he sees a bag of marijuana. Party boy, your busted. Or, there were reports of someone driving a transport vehicle at light speed around the galaxy in a vehicle matching yours. Cop doesn't see you drive and thus has no independent observation of your drive pattern. He does however use his built in radar to find you at your apartment complex and see you step out of a vehicle matching the same description. He doesn't block you in; he doesn't put his emergency flashers on and he doesn't draw his weapon. He simply just walks up to you and notices that you are exhibiting all the signs of five days at the Daytona Speedway. Well, like the rest of the scenarios I have shown, "ticket to jail bro." So you don't have to drive like an imbecile or commit a crime to get abducted in a cosmic law enforcement caper.
Likewise, when your stopped for a routine traffic infraction - i.e. speeding - you don't have to give law enforcement permission to search your vehicle. Or, if the officers knock on your door at 3 am for making too much noise, you don't have to invite them into your home. Should you however allow the cops to search, you have given up your rights and thus anything found could be used against you. Simply put, the judge will rule that it was consensual.
Again, there are time officers clearly abuse their discretion by stopping you without probable cause; have no independent observation of your drive pattern; barge into your home without a warrant or search through your car without approval. In any of these instances, you are wise to call a tested and true criminal defense attorney. I pride myself on being up on the latest law on the Treasure & Space Coast of Florida and would be more than pleased to assist you with all your DUI, Drug, Search & Seizure and Constitutional violation matters. www.drugdefensefirm.com . At the Roden Law Firm
www.duiguy.info we understand how difficult this time is for you and we will do all we can to pursue justice and to ensure that your rights are protected.
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| January 05, 2010 |
| On Bowden, Bad Proposed Florida DUI Law and New Beginnings |
| Posted By Jerry |
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Today, I will slightly digress in my blog, in that, quite frankly, it is my blog and thus my prerogative to digress. Let me first congratulate Bobby Bowden on his winning the "Gator Bowl" in Jacksonville, FL and on his maintaining the longest winning streak for bowl victories in college football. Let me also thank him for everything good he has done for FSU, college football, civility, ethics and morality. I attended my first game with him as the head coach in 1982 while a freshman and I watched his last game with my wife & son on New Year's Day 2010. He is everything good and that is something that we all should strive for everyday.
Now drinking and driving too excess is not good. Unfortunately, folks forget to moderate their drinking at tailgate parties. So off they drive out of the stadium, only to be stopped for a minor traffic infraction. As so often happens, the officer smells alcohol on you and you are now a DUI suspect. Just as Coach Bowden focuses on doing what is right, so should you. Before you tailgate - designate - who will be the designated driver or choose to take a cab to the game. The NCAA [who I don't like for trashing Bowden's record]; your family and everyone else out there, will thank you.
Now, just as one needs to play fair in college and life, the same should apply for law enforcement. However, some legislators, state attorneys and law enforcement are trying to loosen the rules to make it easier to arrest folks for DUI. http://jacksonville.com/news/metro/2010-01-05/story/florida_lawmakers_consider_bill_to_make_dui_arrest_easier Again, I believe consuming alcohol too excess and driving is wrong. But what is far worse is stopping people for questionable grounds and thereby eroding all of our civil rights. The current proposed law would simply allow cops to stop people if they thought they were drunk at somepoint. So that includes arresting the preppy mom; the professional leaving a Chamber event; the priest who drank from the chalice; etc. Accordingly, this new proposed legislation in Florida opens up a whole new constitutional can of worms. Folks, the challenges to these stops will cost law enforcement more than there worth. They are a penalty we can't afford.
I say follow the current law and play fair. If it ain't broke, don't fix it. To quote Bobby Bowden, "that's dog gone good advice. dadgummit." A good cop can make just as many arrests by utilizing probable cause violations for all stops observed in his presence, then by "assuming" that "someone" was "drunk" at "some point."
We'll enjoy this arctic breeze in the tropics. I'll be here on the Treasure and Space Coast fighting for your constitutional rights in DUI and drug stops long after it warms up. Until then, check out my website www.duiguy.info or www.drugdefensefirm.com Enjoy the rest of your College Football games too. |
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| January 01, 2010 |
| A New Year and new decade of DUI & Drug arrests |
| Posted By Jerry |
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Happy New Year and happy be the client who doesn't drink, drive, ingest or imbibe way too much. Like a lion hunting its prey, law enforcement will be out looking for drunk driver's and law breakers this New Year. Be prepared for road blocks; DUI check points; some questionable stops and speed traps. Again, if your sober and not breaking the law, you won't have too worry. But if you break down, a good lawyer can try to fix the situation.
May I suggest instead staying home at New Years, or, if you must go out, hire a cab. Should cabs be sparse in your area, consider being the designated driver. Again, be careful about mixing your alcohol and be careful about mixing your medicine with alcohol. Both can be dangerous combinations.
Often times, folks are not wise in how they celebrate and what they celebrate with on New Years. Marijuana, cocaine, oxycontin and ecstasy are illegal. You risk hurting yourself, others and time in the Department of Corrections should you be found to be in possession of these substances when stopped by law enforcement. Furthermore, should you be arrested for DUI, and not tell the corrections officer in the jail that you also have illegal drugs on you, you will be charged with the felony crime of introduction of contraband into a correctional facility.
We'll let old acquaintances be forgot and be grateful that you have a new year to be a better person and do great things. Make it a point to know your legal rights and make it a point to be careful out there. If you are in need of additional information, the Roden Law Firm is available via the web at www.duiguy.info or www.drugdefensefirm.com. All the best in 2010.
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| 4 posts found. Viewing page 1 of 1. |