Wednesday, June 9, 2010

Law Updates for June 4, 2010

Blair, 35 FLW 311, Fla., Error for the court to order pretrial detention based on def's failure to appear without finding that the failure to appear was willful and without determining whether conditions of release were appropriate as delineated in 907.041.

Miller, 35 FLW 1177, 4th DCA, Jury instructions - Trial court erred in refusing to give requested instruction on affirmative defense of lack of knowledge that substance he possessed was cocaine where def presented some evidence in support of defense.

Gestewitz, 35 FLW 177, 4th DCA, Police unlawfully detained the def outside of a bar after an argument with a bartender for the purpose of issuing a written trespass warning. Officer had no lawful purpose to detain the defendant because at the time he was detained there was no reasonable suspicion that the def committed the crime of trespass and the warning is a prerequisite of the crime. Def should have been given a verbal warning and allowed to leave with a friend.

Gonzalez-Ramos, 35 FLW 1203, 5th DCA, Trial court lacked jurisdiction to find the def in violation of probation where affidavit was filed and warrant issued after the term of probation expired. Probationary term was NOT tolled for the period of time between the issuance of the warrant and hearing on two prior violations where trial court did not extend the term of probation each time he violated, but simply continued(reinstated) the probation.

The Law Offices of Roger P. Foley, P.A.

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