THE FLORIDA LEGISLATURE IS NOW IN SESSION

THE CAPTAIN REPORTS:

OYEZ OYEZ OYEZ, THE FLORIDA LEGISLATURE IS NOW IN SESSION .....

Today begins the annual migration to Tallahassee for the 160 elected legislators, (120 in the House and 40 in the Senate) as the two chambers decide how many more laws they can pass in just 60 days.  The Spring Session of the 2015 Legislature begins with the banging of the gavel at 10:00 AM this morning.  The House and Senate go into a joint session for Governor Scott's State of the State at 11:00 AM.  The Spring Session is scheduled to end on Friday, May 1st.

During the next 60 days, your elected leaders will consider dozens of bills that could have a direct affect on the criminal justice system.  Here is just a sampling:

HB 0001 Relating to Texting While Driving

Revises penalties for violations of Florida Ban on Texting While Driving Law; provides enhanced penalties for such violations when committed in school zone or school crossing; removes requirement that specified provisions be enforced as secondary action.

HB 0009 Relating to Use Of Wireless Comm. Device While Operating a Motor Vehicle

Provides that vehicular manslaughter includes causing death of human being or unborn child while operating motor vehicle & using wireless communications device.

SB 0090 Relating to Jury Composition

Requiring a 12-member jury for life felony cases, etc.

HB 0121 Relating to Employment of Felons

Provides corporate income tax credit for employment of person previously convicted of felony;

HB 0131 Relating to Use of Intercepted Wire or Oral Communications as Evidence

Creates exception to prohibition on use of intercepted wire or oral communications as evidence for prosecutions for acts of sexual abuse involving certain minor victims.

SB 0134 Relating to Lifetime Electronic Monitoring of Sex Offenders

Establishing the lifetime electronic monitoring program within the Department of Law Enforcement; requiring the implementation of an electronic monitoring system to monitor sex offenders sentenced to lifetime electronic monitoring;

HB 0139 Relating to Sentencing in Capital Felonies

Requires that advisory sentence of death be made by unanimous recommendation of jury after defendant's conviction or adjudication of guilt;

HB 0195 Relating to Prosecution of Juveniles

Revises age-based criteria & offenses for which discretionary direct file of information against child may be made in adult court; prohibits filing of information on child otherwise eligible if it is child's first offense unless there are compelling reasons;

HB 0235 Relating to Restitution

Requires child's parent or guardian, in addition to child, to make restitution for damage or loss caused by child's offense;

HB 0267 Relating to Confidential Informants

Requires law enforcement agency that uses confidential informants to adopt policies & procedures providing reasonable protective measures & requires agencies to refer certain prospective & current informants to substance abuse prevention or treatment;

SB 0276 Relating to Arrest Booking Photographs

Prohibiting a person who publishes or disseminates an arrest booking photograph through a publicly accessible print or electronic medium from soliciting or accepting payment of a fee or other consideration to remove, correct, or modify such photograph;

HB 0289 Relating to Boating Under the Influence

Provides that conviction for BUI be recorded in person's driving record; provides that convictions for BUI are considered prior convictions for DUI; provides that conviction for BUI be reported to DHSMV; provides that convictions for DUI are considered prior convictions for BUI.

SB 0440 Relating to Contraband Forfeiture

Requiring that seizure or forfeiture of property be incidental to an arrest under the Florida Contraband Forfeiture Act, etc.

SB 0444 Relating to Prosecution Of Juveniles

Revising the age-based criteria and the offenses for which the discretionary direct file of an information against a child may be made in adult court; prohibiting the filing of an information on a child otherwise eligible if it is the child’s first offense unless there are compelling reasons,

SB 1176 Relating to Recreational Marijuana

Renaming the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation; creating provisions relating to recreational marijuana; exempting certain activities involving marijuana from use and possession offenses; authorizing persons age 21 and over to engage in certain activities involving personal use of marijuana in limited amounts;

SB 1192 Relating to Penalties For Driving Under The Influence

Providing that a court may order a transdermal monitor device or treatment program, or both, in lieu of an ignition interlock device

HB 4019 Relating to Use of Force

Deletes provisions specifying that person has no duty to retreat & has right to stand his or her ground & meet force with force in certain circumstances.

If you would like to track any of these bills, you can go here and view the history of the bill.

NORTH OF THE BORDER .....

You may recall that some of Broward County's robed ones have recently been reported to have had a drinking problem.  One of them, Circuit Court Judge Cynthia Imperato, was found guilty of DUI last December following her trial in Palm Beach County.  In that case, she was sentenced to One Year of Probation with twenty days of House Arrest.  This was Imperato's second DUI as she was previously convicted in 1988.

Now, the JQC is recommending a 20 day unpaid suspension, a public reprimand, a $5,000 fine, and alcohol treatment.  Judge Imperato has agreed to the recommended penalties.  Now it is up to the Florida Supreme Court to decide whether to accept the stipulation.

The DBR covers the entire saga here.

CAPTAIN OUT .......
Captain4Justice@gmail.com

KARMA KRAMER

Many years ago we were retained to represent a troubled man; he was a professional in his late twenties and had some issues with his recovery. He had some personal issues which made him vulnerable to manipulation, and in fact he fell into a trap laid by some BSO deputy-thugs, and their snitches. He tried to get out of what he saw unfolding as a drug deal- but it was too late. He drove away, the police made a very bad stop. He refused a request to search his car and was badly beaten.

The case was replete with issues, from entrapment to a bad stop, to an illegal search, to police brutality. There was really no excuse for the broken nose, black eyes, and missing teeth in the booking photo.

But the case was in Broward. It was assigned to a judge who had been a former prosecutor and a former attorney for the police. She was sarcastic, sneering, uninterested in reading the motion we filed, and tossed- like a dirty napkin- the booking photo we entered into evidence- using two fingers and holding the edge of it and flipping it to her clerk like it offended her that we would argue such nonsense. She insisted on holding the hearing on the motion to suppress as the first thing she did on a busy Monday morning calendar, with a courtroom full of police officers and prosecutors. And she made it a very loud point to tell the bailiff to have a jury outside by 9:30. 

In other words- a Miami Lawyer getting the full Broward Monty.

Our client sat at the table muttering over and over again  "I can't believe this is happening....I can't believe what I am seeing."  We had no words to soothe him. He was right. We couldn't believe it was happening, but for the fact we were in Broward, where it happens every day.

A judge came in to speak with our judge during cross examination. Our judge waived us on- "Don't stop. I am listening."
We sat down at counsel table.  She glared at us. "You are listening Judge, just not to my questions" I said. "ohhs and ahhhs" were issued from the gallery and gaggle of police officers who were enjoying the show, watching a judge abuse us and our client.

"Thank you" our client whispered to us "for at least fighting for me."

Of course the motion was denied. And of course the prosecution increased the plea offer to prison for a man who had a job, had a health issue, and would lose everything, including his irreplaceable health insurance.

But that's why the good lord made juries, and the jury saved us.

But yesterday the jury didn't save Judge Cynthia Imperato. She was found guilty by a West Palm Beach jury for a second DUI outside of ten years. When prosecutors all over the state routinely threaten jail to anyone with the temerity to seek a jury trial on a first DUI, Judge Imperato was sentenced to twenty days house arrest.
But she went to trial and was convicted.
How does it feel when the Justice System works?

Karma Kramer.