A Tampa man was involved in a collision with a pedestrian on Thursday that left the 44-year old man from Daytona Beach dead. Mark Creasey driving a 2003 Isuzu Rodeo struck the man in his who was crossing Roosevelt in Largo at 9:35 p.m. The pedestrian was declared dead at the scene of the accident. (read more)
The Florida Highway Patrol is continuing to investigate the accident and no charges have been filed at this point. The man who was killed in the accident has been identified but his name has not been released pending notification of his family.
If you are charged with a crime in Tampa, please do not hesitate to contact Tampa Defense Attorney Darren Finebloom at 1-800-FIGHT-IT or online at fightyourcase.com to discuss the matter. Also you can contact Darren via email or by stopping by our new Tampa office located at 3426 W. Kennedy Blvd.

The Richland County Sheriff’s Department is investigating Michael Phelps and is trying to build a case against him after photos surfaced with him holding a bong. The Police have already made several arrests and seem more interested in gaining information on Phelps.
In Florida, if one is convicted of simple possession of marijuana less than 20 grams, they face up to one year in the county jail and a 2 year suspension of their driver’s license. The sheriff in Rockland County seems to be wanting to make a name for himself based on a misdemeanor marijuana charge.
The Police would have a difficult, if not impossible time, proving the marijuana charge against Phelps. Under Florida law, they would have to prove the substance in the bong was marijuana. This would be impossible because police were NOT at the scene to perform a presumption field test. Police may have an easier time charging him with possession of drug paraphernalia, also a misdemeanor under Florida law. However, if Phelps or his attorneys could show that a bong can be used for things other then smoking illegal narcotics, then the prosecution would again fail.
Either way this case is ridiculous.

As of yesterday (01/08/209), the 911 system in Manatee County, Florida has been out of service. Anyone with an emergency must call 941-812-4486 or 941-720-3035. As a result of the system being down, Manatee County officials have dispatched numerous vehicles to assist with any incoming calls as well as serve as a visible presence to combat crime.

As the legislatures return for a special session on Monday January 5, one thing is on every one’s mind, money. According to a story Florida Criminal Justice Budget by reporter Whitney Ran of WJHG in Panama City, Florida, the budgets of all state agencies are on the line and experts predict that continued chopping of the budget could end up in higher crime rates for Florida citizens. The legislature is threatening that all state agencies take another pay cut. The difficulty with that mandate is that most agencies are already working with minimum staffing and they have little meat left on the bone for cutting. The Florida Department of Law Enforcement has various duties including drug testing, DNA testing, and responsibility of the alcohol testing program. In cases across the State of Florida, chemists are required to testify in criminal cases as to the results obtained in their lab analysis. In addition, the alcohol testing program has the sole responsibility of making sure the intoxilyzers are inspected and running properly. In addition, the regional inspectors must be available to testify at trials when called by the state attorney. These two programs alone are of paramount importance and funding cuts could be devastating to Florida prosecutors.
The Florida Department of Corrections which supervises prisoners and people on probation could see their budget get sliced. In an effort to deal with overcrowding the system, the Department of Corrections maintains certain diversion programs. Those programs allow many first time offenders to complete certain conditions relevant to their charge and in exchange they are not sent to jail or probation terms. Those programs are in jeopardy as well as prison services and drug court programs.
Florida’s Courts have come under the budget knife under the last few years. The legislature has continued to cut away money destined to the Courts. If this continues to occur, the potential for mandatory furloughs and/or job cuts is very likely. The ramifications of such funding cuts would put a huge strain on the system since the judicial assistants often control the Judge’s calendars and act as the liaison between state attorneys, defense attorneys, and the Court.
To learn more about diversion programs or to discuss aspects of a criminal case please contact David Haenel or go to our website at www.FightYourCase.com

For the first time in over 100 years you can now legally spit on the sidewalk in Sarasota, Florida. In a vote of 4-1 on December 15, 2008, Sarasota city commissioners rescinded the county ordinance that banned such behavior. According to the Sarasota Herald Tribune, over the past 24 months, Sarasota police officers have been enforcing the law as part of a crime suppression tactic. Officers will observe someone spitting on the street and then confront the individual. After arresting them for committing a second degree misdemeanor, they would then search their pockets or person and would sometimes find drugs or paraphernalia. That would allow the police to charge the individuals with more serious felony crimes. The city commissioners realized that the ordinance was open to subjective enforcement and most of them decided that the ordinance should be repealed. The lone holdout was commissioner Ken Shelin who somehow was able to make the argument that his background in public health prevented him from voting in favor of repealing the ordinance. Are you kidding me? So would Mr. Shelin feel that every baseball player who spits on the floor of a dugout or while chewing in centerfield should be subjected to the law? Thankfully the Sarasota City attorney Robert Fournier was able to advise the city commissioners that the law was archaic and should be repealed.

As the number of reported crimes rise, courts throughout Florida are strapped for funding as a result of budget cuts and the downturn of the economy. Courts, more than many other parts of the state government, rely heavily on budgets to provide for personnel, manpower and daily activities.
When the economy takes a turn for the worse, crime, particularly DUI, assault and Driving While License Suspended increases. Defendants charged with these crimes are required to appear in court which in turn, costs the State and the County money. To combat the issue of rising crime and costs, courts are taking a closer look at some costs, such as those related to ‘indigent’ defendants to determine if they truly require services of the public defender.
Courts are also trying to recoup some of their expenses. In some counties, specifically in Hillsborough, criminal defendants are required to pay a prosecution fee of $50.00 when their case is resolved. Also, the fines applied to most crimes recently went up, in some case, almost doubling. For example, the fine amount for a person charged with DUI used to be $500.00 for a first offense, but has since been increased to $1000.00.
As much as the economy is suffering, it is imperative that the Justice system survive. Although cuts may have to be made to decrease costs, the public’s need for courts is beyond reproach.