The Master Law

Do you trust the police?

The Broward Sheriff’s Office was serving a search warrant on a house. Prior to serving a search warrant, Florida Law requires that the police “knock and announce” their presence before entering the residence. The defense filied a Motion to Suppress alledging that the police did not knock and announce their presence. A hearing was held and the lead detective an the case testified that the SWAT team knocked on the door very loud … They yelled very loud, Broward Sheriff’s Office, SWAT Team, Search Warrant, Broward Sheriff’s Office, SWAT Team, and pretty much the whole team yelled it, not just the reachers, the person that is conducting the knock and announce … the person at the front knocked on the door, yelled Broward Sheriff’s Office, SWAT Team, search warrant. Then the rest of the team also repeats it so there is no way to misunderstand it.

However, there is a video taken by the crew of the Police Women of Broward County that completely contradicts the lead detectives testimony. The video shows the police walk right up to the front door, turn the knob, and walk right in the house. They never pause and they never announce their presence.

Now I ask you, do you truct the police?

The Courts are becoming more skeptical of police officers testimony in light of videos such as this that catch them in a bold face lie. If you are in this situation, please call the firm of DiRenzo Defense so we can fight for your rights.

DUI breath test challenged again

In order to provide a reliable breath test, you must blow enough air into the maichine in order to obtain a valid result. This air is measured by a “flow sensor”. In some breath machines around the state, these flow sensors may be malfunctioning. The minium amount of air required for a valid sample is 1.1 liters of breath. This minium is required as the machine are attempting to get to the “deep lung air” as that is the air that most closely resembles ones blood alcohol level. Appearently, some machines were reporting breath levels (liters of breath) that were well in excess of what the human body can actually produce. This could lead to inaccurate results. Also, this is an indication that the machine was not working properly and your breath results may be excluded from evidence.

Field test positive? Are they correct?

When someone is arrested and charged with a drug offense, police officers often rely on a “field test” to confirm the substance is an illegal substance. However, a commonly used field test known as the NarcoPouch is being called into question.

An example is a case that occurred in Broward County earlier this year. A woman parked her truck and went for a hike to a remote canal in the woods to watch birds and be one with nature. While in the woods , she lit a “smudge stick,” which is a combination of sage, sweet grass, and lavender, and placed it in a bowl. When she returned to her truck, law enforcement confronted her. One spotted her incense and asked if he could see it. He took the bowl and incense, asking whether it was marijuana.

Law enforcement believed it smelled like marijuana and conducted the field test, which proved ‘positive for marijuana.’ She was eventually arrested. The substance later turned out NOT to contain marijuana. The problem with the test, in addition to identifying marijuana or hashish, the D-L test frequently reads positive for tea, nutmeg, sage, and dozens of other chemicals—including ‘resorcinols,’ a family of over-the-counter medicines, which, includes Sucrets throat lozenges.

If you find yourself in this situation and believe your were wrongly charged with a crime, call DiRenzo Defense to investigate the arrest and get to the bottom of the situation.

Crack down on South Florida “pill mills”

Law enforcement agencies in South Florida have been cracking down on “pill mills” throughout South Florida. In the past few months, law enforcement has arested numerous doctors and owners of pill mills. The investigation of these places can take months or even years. When law enforcement believes they have obtained enough information, they move in. People from all over the United States travel to South Florida to obtain medication from these pill mills. If you or someone you know is under investigation for something like this, be sure to contact a Ft. Lauderdale criminal defense attorney immediately so we can protect your rights.

DO I NEED A LAWYER?

Many prospective clients ask, “do I need a lawyer?” Unfortunately, the answer is, “it depends.” If you are charged with a Federal Crime or a Felony Offense then you need a lawyer. In fact, a Judge will not allow a defendant to represent themselves in those Courts without a detailed inquiry as to the individuals ability to defend themselves. It is best to get a criminal defense lawyer involved as soon as possible. Criminal defense lawyers can speak with case filers in an attempt to have your case dismissed before charges are filed. They can explain what options you may have available based on your charges (for example, drug court programs or pre trial diversion programs). Criminal defense lawyers can review police reports, take depositions, file motions to suppress or dismiss, and speak with prosecutors about having charges dropped on your behalf. More importantly, criminal defense lawyers counsel their clients on the best course of action for their situation. If you were arrested and do not know if your should hire a lawyer, call Direnzo Defense today and we can answer your questions to assist you in making that decision.

FLORIDA DRUG LAW DECLARED UNCONSTUTIONAL

A big blow to the prosecution of drug cases in the State of Florida. A federal judge declared Florida’s drug statute unconstitutional as it lacks the element of intent. This means that thousands of drug cases could be lost throughout the State of Florida. Florida is the only state in the nation that does not require intent as an element of their drug crimes according to Criminal Defense Lawyers. For example, if a student who hides his cocaine in a friend’s backpack without telling him. The friend, having no idea cocaine is in his backpack, can be found guilty under the law even though he had no intent to possess cocaine and didn’t know it was there.

The Judge simply restored the element of intent to Florida’s drug laws. This is to ensure that innocent conduct is not punished. If you are charged with a drug offense in Florida, please contact a Ft. Lauderdale Criminal attorney to determine how this may apply to your situation.

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