18Dec

    Florida Dog Bite Law is Overturned After Review

    December 18, 2015 by

    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.

    13Oct

    Sarasota Sheriff’s Office to Receive Heroin Medication

    October 13, 2015 by

    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 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.

    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 ByrdA 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 ByrdThis 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.