Drug Offenses- What you should know.

March 31st, 2011

 
Drug offenses are both Federal and State statutes. If you have left Florida or your state of residence and get charged with possession, you could be charged with a US Federal statute.
 
In the drug offense video below, Tampa Criminal Defense Lawyer Lori D. Palmieri states that the most recent, serious drug related crime is the possession of controlled substances.
 

   

“As we sit here in 2011, the primary focus of law enforcement is the distribution and possession of controlled substances that are prescription drugs.”

 
But that is obviously not the only type of drug that constitutes for a drug offense. Any type of drug from crack-cocaine to marijuana will land you a drug charge.
 
Penalties for drug offenses will be determined by any of the following factors: 

  • - Quantity of the drug?
  • - Was it simple possession?
  • - Was it possession with intent to sell, distribute, and/or deliver?
  • - Were there weapons involved?

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    Drug cases are very fact specific. If evidence is wrongfully obtained or there were problems with the search and seizure, the possibility to move the court in motion of suppress is there. Generally, the case will go away.
     
    A conviction of any drug offense can result in the loss of your Florida drivers license and the length of suspension depends on the specific factors of the crime. A qualified attorney will know what can be done to avoid or minimize the loss of a license.
     

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    I’ve Violated My Probation- Now What?

    March 29th, 2011

    Unfortunately, there are many ways one can violate probation or community control (house arrest).

    When you are under either probation or house arrest, you are placed under demands that limit your freedom including confinement to your home, weekly meetings with a probation officer, random drug tests etc,. (full list of probation violations )

    Probation is given either in replace of jail time or following jail time. During this time period it is important to demonstrate to the courts that you are staying out of trouble.

    Generally, people violate their probation the follow two ways:

    1.) you are charged with a new crime, or

    2.) You are given a ‘Technical Violation.’


    House arrest is similar to probation, the only difference being that you are confined to your home unless instructed by the courts. Simply put, if you are not home you are violating house arrest.

    If you violate your probation or house arrest, it is important to contact a Board Certified criminal defense lawyer to guide you through the next step.

    After the violation, your probation officer will issue a warrant for your arrest. At this time officials have the right to arrest you at any given time or you could opt for self arrest. There is generally NO BOND for probation violators but law offices like Palmieri Law can expedite the bond hearing to reduce the time spent in jail.

    If you do violate your probation or house arrest sanction, the most important thing you can do is contact a criminal defense lawyer. If you are in the Tampa area, Board Certified criminal defense lawyer Lori D. Palmieri has over 18 years experience with probation violation.

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    There’s an App for That- US Senators Request to Ban DUI Checkpoint Alert Applications

    March 26th, 2011

     
     There is literally an app for everything these days; a food guide, calorie counter, music streamer… DUI checkpoint finder? Applications such as “Trapster”, “PhantomAlert” and “iRadar” are driving alert applications that notify drivers of speed traps, red light cameras, school zones and DUI checkpoints.
     
    These apps are facing scrutiny from US Senators specifically for the DUI checkpoint feature. Senators Harry Reid, Charles E. Shumer, Frank R. Lautenberg and Tom Udall wrote a letter to Apple asking for the applications to be banned unless altered so that the DUI feature is removed.
     
    In the article, Senators Ask Apple to Pull DUI Checkpoint Apps, we are introduced to the argument of whether or not the application helps or hinders the safety of the public. Captain Paul Starks of the Montgomery County (Md.) Police Department fears that the application will not stop people from drinking and driving but will only be used when people have been drinking and want to drive. He remarks,

    “They’re only thinking of one consequence, and that’s being arrested. They’re not thinking of ending the lives of other motorists, pedestrians, other passengers in their cars or themselves.”

     
    In the same article, Joe Scott, CEO and founder of PhantomAlert argues that they are doing the same thing police departments are doing to deter people from drinking and driving, the only difference is that the app puts awareness in real time. He stated that

    “If they really understood what we are doing and aim to achieve, they would actually support us.”

     
    So what it boils down to is whether or not this app is actually helping the safety of the public, or creating a tool that drunk drivers can use to dodge a DUI checkpoint and possible arrest. Could this be something that police officers and attorneys will have to start considering when investigating a DUI case?
     
    The applications have not yet been removed but it will be interesting to see how Apple and other parties involved will respond.  

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    How Much Does it Cost to Hire a Criminal Defense Lawyer in Tampa?

    March 22nd, 2011

     It depends! Watch this video by Tampa Criminal Defense Lawyer Lori D. Palmieri where she highlights the general types of fees that one may come across when seeking representation.
     
    For most criminal cases, a flat fee is determined based on the lawyer’s experience and how much time and work will go into the case. However, some lawyers do charge an hourly rate.

    “That usually is not to the benefit of the client because experienced lawyers have a high hourly rate on average and it’s usually a much better situation for a client to agree upon a flat fee.”

     
    When considering Attorney Lori D. Palmieri for representation, she bases her fees firstly on the following components:

    • What are you charged with?
    • What type of crime are you under investigation for?
    • Is it a federal crime or a state crime?
    • Is it a felony or is it a misdemeanor?

    Secondly, she considers how much time she will put into the case.

    “When you hire me, you get me. I personally handle every case and I determine how much time is needed to effectively represent you.”

     
    Palmieri keeps her fees at a reasonable price for the amount of experience and quality representation that you will receive. 

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    Proposed Legislation Could End Minimum Mandatory Penalties for Drug Charges

    March 17th, 2011

     
    As you may know, criminal defense lawyers are faced with the particularly difficult challenge of defending clients who are accused of drug charges because both State and Federal statutes call for minimum mandatory penalties, based on the circumstances of each particular case (for example, the quantity of drugs, the presence of weapons, etc.).
     
    New proposed legislation, arguably being driven by the ailing economy and the rising cost of Florida’s criminal justice system, seeks to end minimum mandatory penalties, allowing judges more latitude to decide penalties based on the individual circumstances of each case. In a March 10, 2011 article by News Service Florida, Sen. Ellyn Bogdanoff draws the distinction between drug offenders who suffer from a “life of crime” versus those that are plagued by a “life of addiction”, arguing that those suffering from addiction can be helped so that they are transformed into law-abiding, taxpaying citizens.
     
    If passed, the proposed legislation broadens the possible outcomes faced by those accused of drug charges and adds a new element to be considered by their criminal defense lawyers.
     

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    You’re Under Investigation, Now What?

    March 16th, 2011

     
    Tampa Criminal Defense Lawyer Lori D. Palmieri breaks down the importance of knowing your legal rights when you are under investigation and what your obligations are to the investigator.
     
    Under the Fifth Amendment of the U.S Constitution, you have an absolute right not to incriminate yourself. The most important thing that you can do while under investigation is contact an attorney and use their guidance to make any further decisions.
       

     

    “You are not obligated at all to speak to law enforcement and you should exercise that right at every turn.”

     
    As Palmieri states in the video, if you are under investigation, do not make any statements without the presence of a criminal defense lawyer.
     

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    What you should know about a DUI and the investigation process

    March 10th, 2011



    With Hillsborough County ranked as one of the highest charging DUI counties in the state of Florida, Tampa Criminal Defense Lawyer Lori D. Palmieri addresses what you should know about a DUI and the investigation process.

    In this video hosted on the Palmieri Law YouTube channel, Palmieri generally states that if an impaired driver is pulled over for DUI questioning, they are going to jail. What people may not know is that the decisions they make during the investigation are very critical.

    “By submitting to a field sobriety test, you are giving the State of Florida evidence of your impairment. By submitting to a breath test, you are giving the State of Florida the ability to prove a DUI against you with a blood alcohol or breath alcohol of over 0.8.”

     



    There are different possible outcomes when facing a DUI depending on the county court and the administrative court. The county court charges could include probation, the payment of fees and fines, attendance in DUI school, the installation of an ignition interlock device in your car and county jail time. When dealing with administrative court it is possible that the State of Florida will suspend your driving privilege.

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    Does Your Criminal Defense Attorney Know How to Use Facebook?

    March 8th, 2011

    If not, you may be at a disadvantage, claims a recent post on Forbes.com by Kashmir Hill entitled Make Sure Your Lawyer Knows How To Use Facebook.

    Ms. Hill starts the post with a statement that basically says if your attorney doesn’t have an iPad…run! Referencing articles in the Wall Street Journal and Reuters, she explores the evolving practice of examining the online profiles of potential jurors during jury selection, looking for indications as to how they might “contribute” to the jury’s decision, should they be selected.

    Walking through a series of five examples, Ms. Hill paints a picture of jury selection in the age of Google and Facebook.  And while it’s unclear as to how this evolving practice will stand up over the long term, at least for now, it has been upheld by an appellate court in New Jersey.

    Definitely take a look at Ms. Hill’s post (the examples are interesting, to say the least!), and be sure to do your homework when you’re looking for a Tampa criminal defense lawyer to represent you in federal criminal matters, state criminal matters, drug charges, or DUI.

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    Tampa Criminal Defense Lawyer Lori D. Palmieri Introduces her Practice

    March 3rd, 2011


    With the launch of the new Palmieri Law YouTube Channel, Tampa Criminal Defense Lawyer Lori D. Palmieri takes a few minutes in this first video to introduce herself and the Palmieri Law practice.





    Now in her 21st year, she practices exclusively in federal and state court in Florida.  As Lori states in the video, when you hire her, you get her, not a junior associate! As a former state prosecutor, Lori is able to view cases from the prosecution’s perspective, to see whether a case can be proven.  As she states,

    “…having the benefit of both sides of the aisle gives you experience, dedication and commitment that’s hard to match.”



    Palmieri Law’s offices are centrally located in Northwest Hillsborough County in Westchase Commons.

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