Z Law Firm

The Florida Legislature has enacted an act making it a crime to threaten terror or acts of violence towards public officials.  Senate Bill 436 was signed into law and created Florida Statute 836.12.  This statute defines the terms "family member" and "law enforcement officer."  Senate Bill 436 also amends Florida Statutes 790.163 and 790.164 by creating the crime of falsely reporting the use of firearms in a violent manner against a person or persons.

Claudio J. Poillot was serving a 48-month prison sentence for a felony conviction.   While in state custody and being housed at the Kissimmee Community Center, Poillot began employment with a construction company, JS & Son Construction Services through the work release program.   The work release program permitted Poillot to work outside of the correctional facility from 6:00 a.m. to 6:00 p.m., Monday through Saturday.   On July 29, 2014, he left the Kissimmee Community Work Release Center and timely reported to work at JS & Son Construction.   Shortly thereafter, Poillot left his place of employment without permission and was unaccounted for until he timely returned to the work release center before 6:00 p.m.   Upon his return, Poillot was arrested and charged with escape pursuant to Florida Statute §944.40.   Subsequently, the trial court granted Poillot’s Motion to Dismiss and the State appealed. The Fifth District Court of Appeals reversed the lower court’s decision,

A Florida DUI case was reversed following the Second District Court of Appeals conclusion that the circuit court had applied the wrong standard of review. A Sarasota man was arrested and charged with DUI .   Law enforcement made the arrest for DUI based on their assessment of the man’s level of intoxication during the traffic stop.   The officer testified that the defendant smelled of alcohol, was slurring his words, and had bloodshot and glassy eyes.   The defendant admitted to have been drinking, but advised that he had only one beer and one shot. A Motion to Suppress was filed on the basis that law enforcement did not have probable cause to make the arrest for DUI .   The key piece of evidence was a dash camera that recorded the encounter.   The county court judge agreed that the video contained no indication that the defendant had slurred speech or was impaired and granted the motion.   The State appealed to the circuit court which reversed the lower court’s order

DUI laws in the State of Florida and across the country were shaken upon following the United State’s Supreme Court’s ruling in Birchfield v. North Dakota .   The issue that was presented was whether in the absence of a warrant, may a state statute criminalize an individual’s refusal to submit to a blood alcohol test. In the State of Florida, refusal to submit to a breath, urine or blood test can be considered a criminal misdemeanor according to Florida Statute §316.1939.   Pursuant to section 316.1939: Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 316.1932 , and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, and: (a) Who the arresting law enforcement officer had probable cause to believe was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages