Posted on June 28, 2014 in Criminal Defense

Today our meetings focused on the production of cannabis, how it is regulated, and alternative forms of medicine ingestion.

We were fortunate enough to privately tour a large scale cultivation site in a Denver warehouse on Day Two of the trip. Very noticeable after talking to the manager of this grow containing massive rooms filled with plants, compliance with state regulation is the priority and close in second place is cultivating the best quality medicine for their local patients. We learned the state requires tagging and tracking every plant's movement from seed to harvest. Every plant is given an individual barcode (on back of yellow slip shown below) for very strict tracking of the medicine to ensure the safety of every patient.

We were shown the numerous stages of cannabis cultivation and the different rooms the plants move though as they're grown and harvested. In a room with 36 lamps (shown below), the yield of the plants is approximately 50lbs of medicine every 2-3 months. And there were a few other rooms in the same facility just like it, giving you an idea of what a cultivation center like this produces on a monthly basis. Even at the rate this cultivation site produces, it hardly is enough to meet their constant demand.

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 Posted on June 28, 2014 in Criminal Defense

Grow houses are illegal labs created for the cultivation of drugs such as marijuana, also known as cannabis. They usually contain a system of equipment that delivers food, water and light to the plants. In order to avoid suspicion from police and other authorities, grow houses obtain high amounts of electricity illegally. Although grow houses are primarily located in residential neighborhoods, they are not usually open and visible. Instead, they are typically hidden on a residential property and only accessible via secret entryways and tunnels.

In Florida, the manufacturing of marijuana is punishable by law. A landlord who is aware of the grow house and permits a tenant to rent or lease the property can be charged with a third-degree felony and if convicted, can serve up to five years in prison as well as incur a $5,000 fine. The tenant as well as any individual that resides on the property and knows about the grown house or engages in the cultivation can be charged with a second-degree felony and if convicted, can serve up to fifteen years in prison. Additionally, if the cultivation occurs with a child present or near a school or any other place that provides child care services, an individual can be charged with a first-degree felony and if convicted, can serve up to thirty years in prison.

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 Posted on June 28, 2014 in Criminal Defense

Some individuals have resorted to fleeing the country in order to avoid prosecution. Iceland, who has a reputation for protecting wanted individuals, is thought to be the best place to go. But some places like Mexico have extradition treaties with the United States that compel them to surrender suspected criminals to the United States. Although fleeing to avoid prosecution is becoming popular, it remains illegal. And while, it may sound tempting, here's some information that may stop you.

Not only is the government extremely aggressive in prosecuting these types of charges, but also if you're caught fleeing, you will be facing a felony charge and your driver's license may be suspended for five years, among other penalties.

Among individuals who have fled the United States to avoid prosecution is legendary film director and actor Roman Polanski. After being charged with raping a 13 year-old in Los Angeles, Polanski fled back to his home in London and eventually moved to France. Although, at one point, Swiss police temporarily arrested Polanski, he was never extradited back to the United States. Although Polanski was able to avoid jail time by fleeing, it is important to remember that those same results don't always happen. Fleeing a country to avoid prosecution is risky – if you're tempted to do so, proceed with caution.

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 Posted on June 28, 2014 in Criminal Defense

Human trafficking is the act of trading human beings in commerce for the purpose of sexual slavery, forced labor, forced marriage, or for the extraction of organs and other body parts, among other purposes.

Human trafficking is a major concern especially in a city with heavy tourism like Miami. According to the Department of Justice, South Florida is the "third-busiest area for sex trafficking in the United States." The Florida Legislature and Miami-Dade State Attorney Katherine Fernandez Rundle have acknowledged this growing concern and have actively taken measures to stop trafficking in Florida.

On a larger scale, the passage of the Safe Harbor Act has revolutionized how victims of human trafficking are treated by the justice system. Prior to the passage of this act, victims of trafficking were treated as criminals and sent to jail. The most significant feature of the Safe Harbor Act is the establishment of safe houses, which provide living quarters for children who have been sexually exploited instead of sending them to jail. Additionally, the Act provides these children with an advocate to accompany them to any meetings and court dates. Safe houses are mandated to provide security, counseling, transportation, food, clothing, health and dental care among other services to sexually exploited children. The Safe Harbor Act directs government institutions to treat sexually exploited children as dependent rather than delinquent. This is a progressive approach to human trafficking and demonstrates a newfound understanding of human trafficking and its traffickers.

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 Posted on June 28, 2014 in Criminal Defense

Once you've been arrested or charged with Possession of a Controlled Substance, Drug or an Illegal Substance, possession has to be established to successfully convict you of the crime. There are two types of drug possession: Actual Possession and Constructive Possession. It is important to know the difference between the two since each produces a different sentencing outcome following a successful conviction. If you have been charged with illegal substance or drug possession, contact a criminal defense attorney immediately to protect your rights and take the appropriate measures.

Actual possession is simple and easy to detect. It is essentially "having physical custody or control of an object." It is sometimes called "possession in fact" and is defined as having immediate physical contact with the object. This type of possession usually occurs when the object is found on the person.

On the other hand, constructive possession is a broader form of possession. It includes possession where the individual does not have any physical contact with the object. It is sometimes called "possession in law" and is defined as having knowledge of the object and the ability to control the object. In these types of possession, physical contact is not necessary and the object is not usually found on the person.

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 Posted on June 28, 2014 in Criminal Defense

Florida Governor Rick Scott strikes again! Governor Scott has signed a new law granting Floridians who fire a warning shot or threaten to use a gun the ability to avoid criminal prosecution. An experienced Florida criminal defense attorney can help you understand this law and how it affects you.

If you have any questions regarding the new "warning shot" bill, contact experienced Miami criminal defense attorney, Julian Stroleny at Stroleny Law: Criminal Defense Attorney

The law known as the "warning shot" bill was motivated by the case of Marissa Alexander. Alexander was sentenced to 20 years in prison after having fired a shot near her estranged husband during a dispute, which took place in Jacksonville, Florida. Although Alexander asserted that she fired the shot in self-defense, the judge did not allow her to employ the "stand your ground" self defense law. The judge's rejection of Alexander's self-defense claim was surprising since the "stand your ground" law was implemented to grant individuals the ability to use force in circumstances where they reasonably believe their life is in danger.

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 Posted on June 28, 2014 in Criminal Defense

During this scene, the 40 year-old virgin should have definitely driven.

In Florida, the device he blew into to start her vehicle is known as an ignition-interlock device. Although she mentions that a "judge recommended it," it was almost certainly ordered that she place it in her vehicle by the judge from her previous DUI arrest. Did you know that if you are placed on probation for a DUI and ordered to have an ignition-interlock device, you would be required to pay for it's installation and per diem costs? Furthermore, having another individual blow into it so that you may drive would constitute a violation of her DUI probation terms.

If she were to be pulled over and arrested for DUI, she would not be eligible for the "Back on Track" program because she has a previous DUI arrest and caused a number of accidents when she grinds against a number of parked vehicles. Furthermore, assuming she was arrested for the crime of DUI within 5 years of her previous DUI arrest and conviction, she would be facing enhanced statutorily required penalties including a minimum of 10 days in jail, 30 day vehicle impoundment, and a 5 year license suspension.

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 Posted on June 28, 2014 in Criminal Defense

Closing arguments were delivered Monday morning and jurors began deliberating in the afternoon.
www.nbcmiami.com | By Bobby Brooks and Hank Tester

A jury found Sandor Guillen guilty on Monday of all three charges in the 2012 fatal hit-and-run crash that killed 13-year-old Kaely Camacho in southwest Miami-Dade.

Guillen, 39, was found guilty of vehicular homicide, DUI manslaughter and leaving the scene of an accident in the April 13, 2012 crash. He had pleaded not guilty.

Prosecutors and Guillen's attorney delivered their closing arguments Monday morning and jurors began deliberations in the afternoon. They returned with their verdict after only about three hours.

The victim's older sister Bree Ann Camacho, who survived the crash, said after the verdict that she hopes that "this is an example to all of you out there to never get behind the wheel while impaired. Because you are not just being selfish and could possibly take your own life but you could take other people's lives like my sister Kaely Camacho."

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 Posted on June 28, 2014 in Criminal Defense

Following a string of incidents, music sensation and pop star Justin Bieber is once again facing trouble with the law. Justin Bieber is being accused of attempted robbery of a cell phone. Generally, attempted robbery is the attempt to take property from the custody of another with the intent to deprive the person of the property and when there is the use of force or violence.

The alleged incident took place during the night at a batting cage in Sherman Oaks on Monday, May 12 after Justin Bieber spotted a woman with her cell phone out. Bieber got involved in a confrontation with the woman and demanded that the woman hand him her cell phone so that he could delete any photos that the woman may have taken of him. After refusing to hand her cell phone over, Bieber allegedly decided to take matters into his own hands. According to the woman, Bieber then reached into the woman's purse and snatched the cell phone.

This is not Bieber's first run in with the law. Over the past several months, Bieber has been accused of felony vandalism in Los Angeles, assault in Toronto and was even arrested on suspicion of D.U.I. in Miami.

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