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Orlando Criminal Defense Law Blog

Craigslist ad for sex leads to wrongful arrest

A 2011 child-sex sting in Orange County didn’t quite go as planned, despite netting 50 arrests. In fact, for one man, a father of four and a federal corrections officer, it didn’t turn out as he hoped at all.

The man responded to an ad soliciting sex and agreed to meet the woman he had been communicating with. However, to his surprise, he was met by a team of undercover officers instead. According to the man, he had no idea that the offer for sex included anything about meeting up with a minor. Eventually, a state judge threw out the case. However, the man’s experience has lead to a recent filing alleging unlawful arrest and civil-rights violations.

Can probation be transferred across state lines? - III

Over the summer, our blog began an examination of the Interstate Compact for Adult Offender Supervision, an agreement designed to "to promote cooperation and coordination" among the 50 states regarding the transfer of supervised offenders.

Specifically, we spent some time exploring how probationers in Florida seeking to transfer supervision to another state must furnish their probation officers with a plan demonstrating that they satisfy certain eligibility criteria, including that 1) they are either a resident of the state to which they are seeking to transfer or 2) have qualifying resident family already living there. 

Can the police search my car if they smell marijuana? - II

Last week, we started exploring whether law enforcement officials have the right to search a person's car during the course of a traffic stop if they smell marijuana. Specifically, we started exploring State v. Betz, a case which very much seems to indicate that they can indeed conduct such a search.

In today's post, we'll continue our exploration of this seminal 2002 decision by the Supreme Court of Florida.

Obama Issues Executive Order That Keeps Criminal Records Off Federal Job Applications

Well Obama really is living up to giving people a second chance. It appears that he issued an executive order that will no longer require people to put their criminal record on job applications. Is that a good thing? Certainly proponents would argue that it allows people even with criminal records to apply for jobs and at least have a chance to interview for the position. At some point presumably, an employer would be able to do a background screening to determine what arrests, convictions or charges a person had to determine if they still wanted to hire them. Opponents would likely argue that an employer has the right to know up front about a persons criminal record so that they would not have to waste their time interviewing if they thought the prospect was dangerous, dishonest or would not fit job requirements. What do you think?One thing is for sure, if you have the opportunity to clean up your criminal record, you should take the opportunity to do so. Whether you expunge or seal a criminal arrest, it really is something you should consider doing so that the general public and in some instances an employer will not see your background. Can you imagine going all the way through the application process, interview just to get the NO because the employer found your theft arrest fifteen years ago when you are in college?

Can the police search my car if they smell marijuana?

There is often significant confusion when it comes to the issue of traffic stops by law enforcement officials and, in particular, what they are legally permitted to do as far as searches are concerned.

In particular, one issue that understandably might not be entirely clear to the general public is whether law enforcement officials here in Florida have the right to conduct a search of a person's vehicle without their consent if they smell marijuana.

Win Free Tickets to Orlando's Improv Comedy Club

The Umansky Law Firm        Where Everybody Deserves A Second Chance!         October ,2015
The Umansky Law Firm invites you to attend an evening full of laughter at Orlando's Improv Comedy Club on International Drive!

Free tickets will be given out to the first twenty people who respond to this newsletter. 

Email and insert Improv Comedy Club as the subject, and disclose the date and time of the show you would like to attend.

Comedian Myq Kaplan
Thursday, October 29th at 8pm
Friday, October 30th at 8pm
Friday, October 30th at 10:30pm
Sunday, November 1st at 7:30pm

Please arrive at least 45 minutes prior to the show to guarantee your tickets. All seating is first come first serve. To be sat together, your entire party must enter the show room together. Improv does not reserve or hold any seats. Upon entrance, a valid photo I.D is required. ALL SHOWS ARE 21 AND UP.

      "Everyone Deserves a Second Chance!"
At The Umansky Law Firm, we understand how one bad decision can completely turn a life upside-down. We fight for good people who make bad decisions - you don't deserve to pay the highest price for a mistake in judgement. Our highly qualified Criminal Attorneys provide comprehensive legal services, working through each step in the legal process with attention to detail and careful strategy. We are compassionate, yet aggressive, and fully prepared for the toughest of legal battles. 

Phone: (407) 228-3838         Fax: (407) 228-9545

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Legislation would limit drone use by those convicted of sex crimes

The current gadget of choice for people of all ages is not a phone, a video game system or any sort of electronic device. Rather, it's a drone, meaning those remote-controlled flying devices powered by several propellers that can fly to great heights, hover and turn on a dime. Indeed, many of these drones are equipped with high-definition cameras that enable users to take stunning photos from many different angles and distances.

Interestingly enough, one state lawmaker has now introduced a measure calling for restrictions on the use of drones by those convicted of sex crimes.

When do I have to disclose my name to law enforcement?

The majority of people don't give more than a second thought to cooperating with law enforcement officials over things like handing over their driver's license or even providing their name.

While much of this cooperation comes from a genuine desire to help, some of it undoubtedly comes from the feeling that they really have no say in the matter or, even worse, the fear that failing to do so could somehow result in punishment.

Near-historic number of inmates to be released from federal prison

Statistics show that roughly 25 percent of the world's prison population can be found here in the United States, while as much as one third of the Justice Department's annual budget goes to covering the costs of our nation's many prisons.

As staggering as these numbers are to the average person, they have been even more so to members of Congress and DOJ officials, many of whom have become increasingly active over the last few years in their efforts to reform the criminal justice system. 

What does Florida law have to say concerning drug paraphernalia?

When it comes to drug-related offenses, there are terms that seem entirely foreign and steeped in legalese, terms that require no explanation whatsoever, and terms that fall somewhere in the middle. Regarding this last category, it includes those terms that the general public has certainly heard of in the context of drug crimes, but may nevertheless not understand completely.  

By way of illustration, consider the term "drug paraphernalia." While images of rolling papers, pipes or bongs come to mind for most people, this is actually only the tip of the iceberg regarding the crime of possession of drug paraphernalia here in Florida.

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