Articles Posted in Felony Crimes

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In 2002 actor Bill Cosby met Andrea Constand at his alma mater, Temple University in Philadelphia, where she was on the staff of the women’s basketball team.  Later, in the beginning of 2004, Cosby invited Constand to his home to discuss her career options. While she was there, Cosby gave her pills to relax her before lying on the couch with her and engaging in sexual acts. At the time Cosby was 66 and Constand was 30.

About a year later Constand told her mother about the incident with Cosby and that it was non-consensual.  They reported the matter to police, who suggest they record Cosby on a phone call.  In the call, Cosby admitted performing “digital penetration” but refused to identify the name of the pills he gave Constand.  The case was then referred to Pennsylvania authorities.

In February 2005 Montgomery County District Attorney Bruce Castor announced he would not  charge Cosby. In describing the case against Cosby as weak, Castor cited the yearlong delay in Constand’s report to her mother, Constand’s continued contact with Cosby after the incident and the fact that other accusers who had also come forward had never filed formal complaints with law enforcement.

In March 2005 Constand civilly sued Cosby for sexual battery and defamation.  During that case Cosby gave four days of deposition testimony about his affairs with young women over 50 years. The case ultimately resulted in a confidential settlement.  Continue reading

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Capable criminal defense lawyers know there are two major avenues for defending drug possession cases.  The first is to pursue traditional defenses such as investigating search and seizure issues, warrant issues, actual versus constructive possession issues and other similar traditional defenses.  The second major avenue, and one unfortunately oftentimes overlooked, is to fully investigate and develop sentencing phase “mitigation” evidence.  Effective mitigation in a criminal drug possession case, or in any criminal case for that matter, is oftentimes critical in avoiding a conviction and/or jail or prison time.

So what is mitigation evidence?  It is evidence of individual-specific circumstances generally beyond your control that significantly adversely affected your character and behavior which lead to your arrest.

Typical mitigation evidence in drug possession cases involves, among other things, showing your drug addiction arose from you initially being lawfully prescribed pain medications by a licensed physician for a medically documented injury, such as neck and/or back pain from an automobile or on-the-job accident.  The mitigation evidence generally demonstrates you were placed on an extended course of prescribed pain medications such that by the time your prescription had expired you had become addicted, through no fault of your own.  Faced with your addiction and the lack of any further prescriptions for the pain medication, your character and behavior were involuntarily altered to the extent you were left to satisfy your addiction on the “black market” or on the street.  This type of mitigation evidence often is rightfully considered by the State in arriving at a negotiated disposition of your case (in what is oftentimes referred to as “plea bargaining”) that spares you a formal felony drug possession conviction and/or jail or prison time. Continue reading

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I’ve had numerous inquiries about registration requirements for those convicted of felonies within the State of Florida.  Many folks, and apparently even some lawyers, believe the registration requirements only apply to those convicted of sex offenses.  That is incorrect.  Thus, while it is commonly known that certain sexual offenders or sexual predators must register with their local Sheriff’s Office, it is less widely known that there are registration requirements associated with non-sex felony offenses as well.

Florida Statute section 775.13 imposes a registration requirement for anyone convicted of any felony in the State of Florida.  That section requires “convicted” felons to register with the sheriff within 48 hours of entering any county within the State of Florida.  The required registration includes being fingerprinted and photographed.   Furthermore, the registration requirement also applies to anyone convicted of a felony in any state or federal court outside the State of Florida.

Failure to register as a convicted felon in Florida is a second degree misdemeanor, punishable by up to 6 months in prison.  However, if you’ve been convicted of a gang-related offense and fail to register, that is considered a third degree felony, and is punishable by up to 5 years in prison. Continue reading