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Marijuana Possession, Use and Sale Remain Federally Illegal, Though Enforcement Is Spotty

Each state has its own marijuana laws. If you are arrested, you need to know which laws are applicable to your case. In 2012, Washington and Colorado became the first two states to legalize, regulate and tax recreational possession of cannabis. The laws in those states permit a person 21 years of age to buy...

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Tampa firefighter’s 3rd DUI arrest in Pasco County could result in a 10 year driver’s license suspension, felony conviction, and 5 years in Florida State Prison.

Over the weekend, a Tampa Fire Rescue firefighter was arrested for DUI in Holiday, Pasco County.  This was allegedly his 3rd DUI arrest with priors in 2001 and 2012.  If that is true, if convicted of DUI, there would be a 10 year driver’s license suspension as part of his sentence.  Three (3) DUI convictions...

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Important information to know about DUI's, DUI officers, and much more

DUI - IMPORTANT THINGS TO KNOW!  You have 10 DAYS, from the date of your arrest, to request a Formal Review or, for 1st time DUI offenders, waive the Formal Review and obtain a hardship license for the entire administrative suspension time, The National Highway Traffic Safety Administration (NHTSA) publishes a manual on how the...

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What advantages are there to hiring a local Polk criminal lawyer over an Orlando or Tampa lawyer?

Thursday is Pre-Trial Conference in Polk County misdemeanor and criminal traffic court.  What happens at a Polk County Pre-Trial Conference (PTC) court date?   These are usually scheduling court dates.  Some cases are set for jury trial.   Other cases have Motions that must be filed before the case is ready for trial.  A Motion...

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NFL player arrested for DUI over the July 4th holiday weekend. DUI arrest is possibly driving under the influence of drugs case (DUID).

NFL player Josh Gordon arrested for DUI over 4th of July weekend.  He also was ticketed for speeding for allegedly going 50 mph in a 35 mph zone.  There was no other information about the reason for the stop such as whether he was swerving, weaving, or had any difficulty driving his car that would...

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Polk criminal lawyer Thomas Grajek attends Florida Bar seminar on cross-examination for trial.

Yesterday, I attended a seminar by Roger Dodd on cross-examination sponsored by the Florida Bar.  Why was I spending a Saturday at a seminar? Because Roger Dodd is one of the leading experts on cross-examination in the country.  When you get a chance to learn from one of the best, you go.  I want to...

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U.S. Supreme Court rules cell phones cannot be searched by police without first obtaining a search warrant.

A major victory for citizens’ privacy interests today as the U.S. Supreme Court unanimously ruled law enforcement cannot search an arrested person’s cell phone without first obtaining a search warrant.  While the court recognized the need to investigate crimes, the Court found that privacy rights are more important.  Besides, the police may still have the...

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Police officer facing drunk driving charge in Florida.

On Friday an Opa-Locka police lieutenant was involved in an accident.  The police officer is now facing drunken driving charges after crashing into another vehicle.  The Florida Highway Patrol (FHP) is alleging that the officer rear-ended a car with his unmarked police vehicle.  FHP's DUI report alleges that the arrested police officer had slurred speech, bloodshot...

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What Does Federal Criminal Law Ensure for Every Jurisdiction?

Every state and the District of Columbia has its own criminal procedure codes. However, each of these jurisdictions must act in compliance with the U.S. Constitution. Each state's rules and regulations on criminal procedure codes are predicated on the Federal Rules of Criminal Procedure. The Constitution contains numerous provisions to protect individuals arrested for a...

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Florida prosecutors state that San Francisco 49ers quarterback Colin Kaepernick will not face any charges stemming from an alleged sex battery.

This week, the State Attorney in Miami announced that prosecutors would not file criminal charges for sexual battery (rape) against NFL quarterback Colin Kaepernick.  What is to be learned from this case? This case teaches a valuable lesson that anyone arrested for a criminal charge or thinks they maybe facing a criminal charge MUST CONTACT AN...

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