Florida Needs to Fix it’s Death Penalty Law

03Feb

Florida Needs to Fix it’s Death Penalty Law

February 3, 2016 by Derek Byrd

The death penalty has caused controversy since it was first made a legal possibility and this controversy has only increased every year as more and more people come out against it. While the death penalty is legal under federal law, various states have made it illegal over time. It is currently legal in 32 states with prisoners in 35 states currently on death row (the death penalty is illegal in Connecticut, Maryland, and New Mexico but isn’t retroactive so prisoners who were on death row will still be executed). Now it seems as though the Supreme Court is being called in to look at certain state’s death penalty laws.

Recently, the Supreme Court ruled that the way Florida handed down its death penalty rulings is unconstitutional and needed to be changed. This is a big deal for a number of reasons, one of which is that Florida currently has one of the country’s most crowded death row systems and seems to hand out the death penalty with more ease than other states in which it’s legal. With the Florida lawmaking session ending in six weeks and prosecutions for cases that have capital punishment as a possible sentence currently stalled, lawmakers in Florida are rushing to create new legislation that will answer the concerns of the court while simultaneously keeping constituents happy.

Up until now, Florida’s death penalty only required a simple majority of a 12-person jury to recommend a death sentence to a judge who would then decide on the punishment — most other states require unanimous jury recommendations. With the 2nd largest number of inmates on death row (behind only California) but the highest execution rate in the country, Florida’s court system is now in turmoil as it tries to figure out a fix. The Supreme Court ruled that the current law gave too much power to judges and not enough to juries, flying in the face of the Sixth Amendment and becoming unconstitutional in the process. While there is no set fix to the ruling yet, it will be interesting to see whether the laws change on a grand scale or simply on a smaller scale targeted to this specific ruling.

If you’d like to read more, the link is here.

18Dec

Florida Dog Bite Law is Overturned After Review

December 18, 2015 by Derek Byrd

Recently, I wrote a post about a law that is being challenged in my hometown of Sarasota, Florida. The law I spoke about has been a source of controversy since it was enacted and says that any dog who bites a person hard enough to require stitches or reconstructive surgery, regardless of the reason behind the bite, has to be euthanized due to it being a danger to people. As you can expect, there are a number of reasons that this law has faced the amount of criticism that it has — the law is very cut and dry and unless there are concerted efforts at appeals, the law ignores any context behind the dog bite (even if the dog was biting an intruder during a home invasion).

The law was finally brought under legal review when a dog named Padi bit a child’s ear after allegedly being instigated. What is agreed is that the dog moved to a corner to escape the child only to have the child follow it, leading to the eventual bite. Padi’s owner, Dr. Paul Gartenberg, brought the case to court where a judge ended up reviewing the law as a whole. Judge Andrew Owens ended up throwing both the case against Padi out of court, as well as declaring the law “arbitrary and unduly oppressive.”

This overturning of the law and it being struck down is with no doubt a huge weight off of the shoulders of all dog owners in the state of Florida. Dogs are animals and even the best trained dog will lash out either in fear or panic when it is backed into a corner with no chance of escape. Just like you wouldn’t punish a human as fully for hurting someone in self-defence, the same should goes for dogs because they’re just animals. Hopefully this law will lead to less needless deaths for pets that are honestly more than just pets, they’re family members.

If you’d like to read more, the link is here.

13Nov

Florida Dog Bite Law to be Challenged

November 13, 2015 by Derek Byrd

To many who own them, dogs are more than just pets. They are a part of the family. They can be protectors. They can be co-workers. They can be the one type of therapy that actually helps a person overcome trauma in their past. With so much emphasis, both emotional and economical at times, placed on our furry friends, a law in Florida is being reexamined and potentially updated and changed. As of now, if a dog bites a person hard enough to require any sort of serious medical attention (such as stitches), the dog is to be euthanized with no chance of explanation. This means that even if your dog is defending your property from an armed intruder, it will die.

The law is being looked at thanks to Representative Greg Steube who rightly thinks that the law is absurd and gives the owner of the dog no chance to try to protect their beloved pet. The bill has already passed its first test in the government, with one hearing down and it receiving unanimous support. Now there is going to be a second hearing, followed by a third, and then it will be on Florida Governor Rick Scott’s desk by January if it all goes according to plan. I can’t think of many people who would vote against this sort of change to existing legislation. While obviously some dogs bite good people and some are dangerous, that doesn’t mean that a dog protecting its family deserves to die with no chance of reprieve.

This current examining of the law was brought to light over a case currently in court. A dog named Padi bit a 4 year old on the ear, leading to him needing 3 reconstructive surgeries (though the child is fine in every other respect). Padi is a loved family dog with no previous issues in terms of biting or being dangerous. According to his owner (and witnesses), Padi only attacked after being cornered by the child and having toys thrown at him for minutes. Padi acted as any animal (humans included) would’ve when under attack and escape wasn’t an option. Does that mean he deserves to die?

If you’d like to read more, the link is here.

12Nov

Florida Is Going to Introduce a Daily Fantasy Sports Bill

November 12, 2015 by Derek Byrd

Since they were first introduced to the mass public watching sports, daily fantasy sports betting companies like FanDuel and DraftKings have been capturing the minds of consumers and the attention of lawmakers. Betting has had a tenuous relationship with all forms of government (local, state, federal) and legislators for a long time and the laws regarding it are confusing and change depending on where you are. Daily fantasy sports leagues just add another layer of confusion to the mess simply because of how popular they are. Millions of people across the country watch sports, play in fantasy sports leagues, and engage in some sort of betting or another, whether from company pools to the websites and apps in question.

Unlike many states that are considering outlawing companies like DraftKings and FanDuel do to gambling restrictions, two Florida legislators is looking to do something a little bit different. Instead of outright banning the practice and the companies that facilitate these practices, they want to introduce laws that will regulate the practice and introduce consumer protections laws so that people don’t get taken advantage of and harmed financially. Republican state Senator Joe Negron and Representative Matt Gaetz are pushing for the law because they believe that people engaging in daily fantasy sports betting don’t deserve to be criminalized and penalized by the law.

That being said, they are also fully aware of just how these sorts of fantasy apps work. Most of the money is won by a very small percentage who do nothing but study statistics and turn fantasy sports betting into a full-time job of sorts. Seeing as almost everyone using these apps are simply doing so casually and for fun, they run the very real risk of being swindled out of their money. Companies like DraftKings and FanDuel have been hiring lawyers and lobbyists in states across the country once they got wind that legislation (both for them and against them) in an attempt to sway people to their sides and if what’s happening is an example, it seems as though this strategy might be working.

If you’d like to read more, the link is here.

13Oct

Sarasota Sheriff’s Office to Receive Heroin Medication

October 13, 2015 by Derek Byrd

More and more reports seem to be flooding the news regarding the ongoing fight against the heroin epidemic that has struck much of the country. Heroin is becoming a larger and larger issue in the United States due to the easy access (and frequently unnecessary prescriptions from doctors), the high chance for addiction and abuse, and the high price involved in getting pills. As heroin becomes more and more prevalent, and rates of addiction go up, governments across the board (both at the state and federal level) are working hard to both stem the tide of addiction, as well as provide the necessary treatment and guidance for those who need it.

The Sarasota County Sheriff’s Office announced Friday that they received a donation of 800 doses of naloxone, a drug that stops the effects of an opioid overdose and saves victims from death. KATE IRBY/Bradenton Herald

The Sarasota Sheriff’s Office is going to be the first law enforcement agency in Florida to receive funding from a new law that is aiming to fight heroin on a series of levels. This new law will allow officers to administer medication to people who are overdosing on heroin and other opioids and drugs. The officers have received 800 doses of EVZIO — an auto-injector of naloxone, which immediately stops the effects of a heroin or opioid overdose upon injection — in a donation from the manufacturer of the drug, Kaléo. The donations amount to about $320,000 and the drug is both easy to use and provides no harmful side-effects to people who aren’t overdosing but have been injected by accident.

With 99 deaths due to opiate overdose in 2014 and a much higher number expected for 2015, these drugs and the training officers will receive will be truly life-saving. While the drug won’t cure addiction (it will only help fight overdoses), it will allow victims to survive, recover, and give them more time with their family and loved ones, increasing the chance that they will enter a treatment program. This is the perfect example of laws cutting through bureaucracy and finding bipartisan support for a cause that is obviously in need of tackling. Hopefully the price for individual doses of this medicine will decrease (it’s still high and preventing other counties from taking advantage of this law) so that more doses can be used to save more lives.

If you’d like to read more, the link is here.

10Sep

A New Privacy Law Could Make Insurance Expensive

September 10, 2015 by Derek Byrd

Drones have been causing issues with both the law and U.S. citizens since they exploded in popularity a few years ago. There have been countless stories of people clashing and violence occurring when drones are involved in flying over private property. With issues of privacy and a fear of governmental and private spying and intrusion on private life, it makes sense that drones are viewed with suspicion — not that that justifies harming the operator or damaging someone else’s private property. Now, it seems as though a new law that was just enacted in my home state of Florida is going to make flying a drone even more financially risky.

Florida Governor Rick Scott had signed the Freedom from Unwarranted Surveillance Act (FUSA) and it took effect on July 1st. This act is meant to prohibit a person, governmental agency, or political party or subdivision to use drones from taking pictures and capturing video of a person’s private property or the people on said private property (regardless of whether they are the owner, an occupant, or simply a visitor) with the intent to conduct surveillance and spy on their private and personal lives. The law makes it so that a drone operator must get written consent from the people on said private property if they want to use the drone in this manner, especially if the people have a reasonable expectation of privacy on their own property. The law applies to both private citizens as well as law enforcement and goes along with a previous law that require police to get a warrant to use drones for evidence collection. It also doesn’t apply to certain businesses or professions that are licensed by the state for certain reasons.

With the option to sue using this law as support, it’s going to become much more difficult for people and agencies to get insured against damage and lawsuits. It also means that many companies that rely on drones for their businesses are going to be bringing lawsuits against the state of Florida for infringing on their ability to conduct business in a free and fair way. Drones are used by insurance companies to scope out damage in hard to reach places and hazardous environments so that they can gather information more quickly and with less chance of putting someone in a dangerous position. While it remains to be seen how this will play out (after all, the law is relatively new), I can already foresee a host a lawsuits from both private citizens and corporations aimed at this law.

If you’d like to read more, the link is here.

13May

Recent News from the Sarasota Herald- Tribune

May 13, 2015 by Derek Byrd

News from the Herald Tribune

Earlier this May, the Herald Tribune wrote a piece regarding the false arrest of Cooper Moore, for an outstanding aggravated battery assault from June 2014. Cooper was arrested by local police as soon as he landed on the Grand Cayman islands on a vacation with his current girlfriend. While he was being held up, Cooper asked the police to explain why he was detained, but they did not give an explanation and instead locked him up.

At a loss for justice, Mr. Cooper’s parents contacted the Byrd Law Firm, which in collaboration with a private investigator put together a case that was aimed to clearing Cooper Moore’s name. According to the documents, Cooper was wrongfully accused for partaking in a fight at a Florida Smokin’ Joes. However, the investigators found that Moore was not involved, and a witness revealed the correct name of the person who was involved. Due to these findings the charges were quickly dropped.

According to an officer who first responded to the scene, Moore’s name was first brought to him by a bar employee who showed him the suspects Facebook page. Officer Dodge, who was on the scene said that “people lie to us everyday and they don’t want to tell the truth especially if they are associated with someone involved in a crime.”

According to The Innocence Project, misidentification of witnesses in regards to the crime scene is one of the leading reasons of wrongfully convicting and imprisoning people in the United States. The article also points out that the recollection of witness memory of the crime scene is even less credible after they have been shown countless of photographs of the alleged victim.

Further evidence of the case used by lawyers at The Byrd Law Firm was Moore’s alibi and the fact that he was never contacted by the Sarasota Police Department. Cooper was never informed of his alleged involvement in the bar fight, and a warrant for his arrest was issued shortly after. Moore was not aware of these developments until policemen picked him up months later while he was vacationing with his girlfriend.

Derek Byrd, attorney for Cooper Moore, states that the findings regarding his client and other suspects should have been turned over to a detective for the facts to be checked and eventually cleared. Cooper told his attorney that during the night in question, he was home and had records to prove that he never left his apartment.

With the help of his attorney, Derek Byrd, Moore was able to clear his name and no longer face 8 years in prison for a crime he did not commit. He hopes that the police find the right person responsible for this fight and is willing to help in any way he can.

22Jan

Privacy Infringement Upon Fake Facebook Account

January 22, 2015 by Derek Byrd

Derek Byrd A recent lawsuit was settled between the United States and a New York resident who claimed that the DEA (Drug Enforcement Administration) created a Facebook profile page featuring her in skimpy attire, other compromising situations, as well as photos of her and her relatives and underage son. Although the government does not admit to any fault, they did settle with the plaintiff for the amount of 134,000 dollars.

The profile, which was created with the woman’s real information, was intended to draw in people who were suspected to of being part of a large drug ring. The plaintiff stated that the fake profile Facebook page depicted her as conspiring with law enforcement, which put her life in danger. However, prosecutors have refuted her charges on grounds that she had consented to the profile creation when she allowed the government to use her cellphone and the available data in it.

The justice department is reviewing the files particular to this case, as well as federal practices that deal with public personal information, such as photos, text messages and Google searches. Mariko Hirose, Staff Attorney for the New York Civil Liberties Union, believes that these allegations highlight the immediate need of reviewing old procedures that include law enforcement regulations and how they deal with peoples’ digital identities.

The fake Facebook profile page depicts the New York resident posing on a car in her undergarments, as well as pictures that show her son and other relatives. The agent who impersonated the woman, also send friend requests to a wanted fugitive under said account. Her attorneys focused on creating a case making dealt not only with their client’s infringement on personal information, but also the overarching problem of privacy in this digital age.

A Facebook spokesperson commented on the matter “We ask that you refrain from publishing the personal information of others without their consent. Claiming to be another person, creating a false presence for an organization, or creating multiple accounts undermines community and violates Facebook’s terms,” and has since removed the profile.

23Dec

South Florida Law Firm Convicted Of Fraud

December 23, 2014 by Derek Byrd

Derek Byrd This month, six attorneys were convicted in a case that included a billion dollar fraud from partners and lawyers at a South Florida firm. The organization’s ex administrator helped prosecutors pin down the attorneys involved in the scheme, in exchange for cutting down her prison stay from ten to five years.

The administrator, Debra Villagas, is now working with prosecutors in order to appeal her plea bargain to the U.S. District Judge William Zloch. However, if Villagas and her lawyers succeed, that would mean that the firm’s CFO would also be released sooner than expected in the upcoming year.

The former partner of Rothstein Rosenfeldt Adler, is scheduled to serve a 50 year sentence in the federal prison system, but insiders are saying that his time might also be cut short if he chooses to cooperate with federal agents.

Villagas has helped convict a total of six lawyers from RRA, one from another firm in South Florida and civilians who are not involved in the justice system. Villaga’s scheduled court date in relation to the Rothstein Rosenfeldt Adler case interfered with her appearance in court for her husband’s murder case.

In a report by the Sun Sentinel, a former county sheriff lieutenant was also placed under arrest for acting as one of Rothstein’s “enforcers.” In a claim, the lieutenant was accused of falsely arresting the ex- spouse of one of Rothstein’s lawyers in order for him to gain full custody of his son. This all came into light after Villegas was placed under questioning from federal agents.

After RRA’s case became public in 2008, the firm went through a great deal of financial difficulties, until it declared bankruptcy in early 2009. The investors who were deceived by the law firm, were awarded close to $67 million on behalf of disbarred attorney Scott Rothstein.