The Eleventh Circuit Court of Appeals in US v. Thompson found that in a case involving felon in possession of a firearm in violation of 18 U.S.C. section 922(g)(1), the Defendant must have had at least two of the three “civil rights” restored to not be in violation of the statute. Thus, when Thompson was charged with being a felon in possession of a firearm based on a 1994 state conviction, he defended the case claiming that his civil rights had been restored in 2005. In actuality, Thompson only regained his right to vote, but not to serve on a jury or to hold public office. The Eleventh Circuit held that because Thompson had only 1 or his 3 civil rights restored, he was still in violation of the statue for possessing a firearm.
A circuit court judge in Palm Beach Florida, unlike Miami-Dade Judge Milton Hirsch, upheld the constitutionality of Florida’s drug statute. In a 16-page opinion, Judge Kastrenakes blasted U.S. District Judge Mary Scriven and Circuit Judge Hirsch arguing they disregarded a plethora of appeals court decisions to reach their erroneous conclusion that the law is unconstitutional because prosecutors don’t have to prove that a person knew he possessed illegal drugs to get a conviction. Mere possession is enough, the judge wrote. Their rulings, he claimed were “fatally-flawed” and “just plain inaccurate.”
Judges in Hillsborough and Pinellas Counties have thus far denied all motions to dismiss 893.13 charges. Appeals have been taken from Judge Scriven’s ruling as well as in South Florida. This issue will have to end up before the Supreme Court to decide.
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.
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.
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.