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cuffs-jumpstory-download20201011-205225-300x190If you’re a sports fan, how many times have you watched your team lose to a worse team?  Think about it.  The best team lost the game.  It happens all the time.  Sure, we assume that the best team always wins–but that’s not how the world works.  There is an element of chance involved.

There are now great statistics on this for poker players.  With so much poker being played online, the poker computers that host the matches can actually see whether or not the best hand wins.

So, how often does the best hand win?

jumpstory-download20200917-202456-scaled-e1600374351207-300x270Quote of the Day: “What I recommend you to do is to notice that we do not have any assurance that our lives will go on indefinitely.  I have just said that change comes suddenly and unexpectedly, and so does death.  What do you think we can do about it?”  Carlos Castaneda, Journey to Ixtlan

For you folks out there with a “business purposes only” license, did anyone ever explain what the heck those three words mean?

If you read the statute, 322.271, it is pretty vague, but here it is:

  1. A driving privilege restricted to “business purposes only” means a driving privilege that is limited to any driving necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and for medical purposes.
  2. A driving privilege restricted to “employment purposes only” means a driving privilege that is limited to driving to and from work and any necessary on-the-job driving required by an employer or occupation.

So, let’s say you have a business purposes only license.  Can you drive to the grocery store?  Can you drive to the gym to work out?  Can you take your kids to school?  Would getting dinner at a Burger King drive-thru violate a business purposes only license? Continue Reading

vid-e1568755194369-225x300The police have lots of power, but they cannot arrest anyone, for any reason–even though it may seem that way at times.  We’re going to take a dive today into the limits of police powers, and what’s written below may come as a shock to most of you.   Well, “shock” may be too strong of a word, but interesting is certainly an accurate description of today’s legal technicality.

If a police officer knows you’ve committed a misdemeanor crime, because maybe he’s watched video survaillance, or obtained eyewitness sworn statements, or whatever the case may be–may he then arrest you?

After all, he’s seen you commit a crime on video, or he’s interviewed the eyewitesses.  Good enough for an arrest, right?

Well, not necessarily.

Let’s dive into the real-life case of H.R. v. State, 2020 Fla.App.LEXIS 1734 (Fla. 3d DCA 2020).   H.R. was convicted of a misdemeanor criminal offense of falsely activating a fire alarm (Section 806.101, Florida Statutes).  The officer did not see H.R. pull the fire alarm, but he viewed a surveillance video that showed H.R. and another witness nearby the fire alarm, and the officer then obtained a sworn statement from the eyewitness who indicated that it was H.R. who pulled the alarm. Continue Reading

fun-300x225As I may have mentioned a thousand times before, it seems like we have criminalized everything.  This new level of Big Brother strictness has really hurt our younger folks, who can get a criminal record far more easily than I could have as a kid growing up in the ’80s.

And, without boring you with my adolecent middle-class suburban shenanigans, let me admit now that–under current laws–it may have been possible to charge me and my friends with several felonies back in the day (that’s a slight exaggeration, my mom always told me I was a great kid).

The funny thing about growing up in the ’80s is that most “situations” were handled inside the school–with parents, and without police involvement.  Today, schools have actual cops on staff, on constant patrol.   And, if you have lots of people running around with hammers, it should be no surprise that they find a nail or two every now and then.

As a side note, when I became a public defender back in 1993, I was given “the Tour”.  At the juvenile stop, the assistant public defender in that division was trying to make a point to me about how her young clients end up in the criminal justice system.  She had 30+ youngsters in the courtroom, and she asked the kids to raise their hands if they had two parents at home.  One kid raised his hand.  Then, she asked for a show of hands for those living with one parent at home.  Three more kids raised their hands.  Next, she asked about those living with a grandparent, and several more hands shot up.

In our case for today, we’re heading back into that juvenile courtroom full of kids who have no idea what kind of trouble they’ve gotten themselves into.  Our case begins in a middle school classroom, where several juveniles were telling each other April Fools jokes, on, you guessed it, April Fools Day, 2019.   J.A.W. v. State, 2019 Fla.App. LEXIS 16736 (Fla. 1st DCA 2019). Continue Reading

home-florida-300x225Let’s say you’re inside your home.

Let’s say the police are pounding on your front door.

Let’s say the police are demanding entry because they have probable cause to arrest you.

Let’s say you tell the police to piss off, and that you’re not letting them in.

Let’s say the police kick down your door.

Is this legal?

Notice what I didn’t say.  I didn’t say they have a warrant.  All they have is probable cause to arrest you for something.

What we have here is the facts in the recent case of Nieves v. State.  2019 Fla.App.LEXIS 12095 (Fla. 2d DCA 2019).  Nieves’ girlfriend called the police, claiming he beat her.  The girlfriend waits outside of the hotel room for the police to arrive, the police interview her and decide they have probable cause to arrest Nieves for domestic violence battery.  So, the police knock on the hotel room door in an attempt to arrest Nieves.  Nieves talks to the police and refuses to answer the door.  The police decide to get the resort’s management involved.  The police now have a key to enter the room and arrest Nieves.

However, Nieves braced the bed against the door and as the appellate court noted, “Mr. Nieves’ ingenuity with the bed left [the police] unable to enter.  One officer started to kick through the door.  Some others removed the screen from the open window, grabbed Mr. Nieves, and pulled him through the window and out of the room.  He struggled as the police attempted to put him in handcuffs.”  id. at 3 Continue Reading

IMG_0179-e1519940395141-300x142Some of you “Dear Readers” are locals, so you’ve survived driving I-4.  For those of you visiting Orlando and driving I-4 for the first time, your passengers will be exclaiming “Did you see that?” several times per mile.  Yes, I-4 is the most dangerous road in the United States.  It’s official, Google it.  Unfortunately, I drive the most dangerous road in America at least twice a day.

It should be no surprise that America’s Most Dangerous Highway also contains its most insane drivers.  I try not to get too angry at these folks, as they’re going to need my help defending the three most common reasons for insane driving: (1) drunk driving, (2) reckless driving, or (3) a fleeing charge.   Fleeing and attempting to elude is often the most serious of these three crazy driving scenarios.  Fleeing the cops is never a good idea, as no one can “out run a dispatch radio”.

Many a rap song has advised against fleeing.  Yes, rap music contains wisdom.  I’ve verified this.  When it comes to fleeing charges, Pharrell Williams and Snoop imparted this wisdom upon the masses back in 2004: “when the pigs try to get at you, park it like it’s hot, park it like it’s hot, park it like it’s hot.”  You would think that after repeating this three times, it must be true.  Things that rhyme are more true than those that don’t, right?  If the glove doesn’t fit, you must acquit.

For those of you who panic and flee the cops, how can you beat the rap? (bad pun, I know)

Today’s real life example of an aggravated fleeing charge comes to us in Canidate v. State, 2018 Fla. App. LEXIS 2268 (Fla. 4th DCA 2018).   To give you an idea of how serious a fleeing and attempting to elude charge really is, Canidate lost his jury trial and was sentenced to five years in prison.  Here’s what happened: Continue Reading

fostex-8-track-e1516227725568-225x300I’ve been recording bands and artists since my high school days, but I sold my recording studio back in 2010.  Recently, I was going through a box of wires (junk) and I stumbled across some old ADAT tapes, and reel to reel tapes.

Now, there’s something you should know about these tapes.  You cannot play them in an ordinary reel t0 reel machine, because these tapes were made especially for use with my old 8-track Fostex recorder.  Same goes for the ADAT tapes.  These tapes are, technically, VCR tapes, but they don’t work in a VCR, they only play on an Alesis ADAT multitrack machine.  I got a little sentimental when I ran across these old band recordings, but I just don’t have the equipment to play these tapes.

These band memories captured on ADAT and Fostex are lost forever.  Maybe forever is slightly dramatic, given the fact that I can pay a ridiculous ransom to some “vintage collector” and maybe, just maybe, these old units will work.  But, you get the point.  Technology has changed so much during my lifetime that I can’t even play the memories I once made.

This whole train of thought came from an interesting article by Robby Berman, Is There Going to Be a Big Hole in History Where the 21st Century Was?   His point is pretty simple.  At some point in the future, your kids will reach “an age when they want to know who their parents were, what they thought, and what they felt.  One day the kids will come across a trunkful of these intimate messages on USB thumb drives, hard drives, or solid-state drives–and have no way to read them.  The same will be true for the thousands of digital childhood photos we’ve been taking, and which they’ll be desperate to see.  Absent a trip to a hardware archivist or local museum, all this silicon might just as well return to its original form–sand–for all the good it will do.  Experts are concerned that this time, now, in the 21st century, may well be the future’s ‘digital dark age,’ with nothing ultimately left behind to tell our story for future generations.” [Berman’s article accessed 1/17/18] Continue Reading

pouch-300x225Big charges make the news.  Defense attorneys love big cases because their egos enjoy coverage on the evening news.  Heck, lawyer egos even enjoy the bought-and- paid-for attention manufactured from incessant TV ads and billboards.  And, if you know nothing about attorneys, please know that they have quite the egos.

The ego stroking options are endless for attorneys, big cases aren’t the only way to go.  When I first started defending criminal accusations back in 1993, all the new lawyers at the public defender’s office bragged endlessly about their jury trials, even to the point of chest pounding the likes of which you haven’t seen since the intro to 2001: A Space Odyssey (One of the best movie intros ever? Certainly makes the Top Ten List).  At my old PD office, when an attorney was about to begin a trial, a loud ego blast (email) would go out office wide, saying something like “picking 6, someone please cover my office conferences”.  No, this attorney never had anything to cover, but at least the whole office knew what a “fighter” he/she was.

A particularly annoying fad of late is the rash of attorneys who write “books”.   I don’t consider these books to be real “books”,  that’s why I’m using air-quotes.  Unfortunately, books are now like a business card, a marketing tool, rather than something that can add value to folks lives.  Call me old fashioned, but I say write a good book or don’t bother.

And, this brings us to an important question someone smarter than I formulated: Am I saying this because I want to sound smarter than everyone or am I saying this because it needs to be said?  Continue Reading

IMG_4561-300x225Storytelling is important.  There are books out there that claim to teach storytelling, but its more of an art than a science, so I’m not super confident much can be learned from a book.  The most common example of this is learning how to swim.  Sure, you can read a book that will “teach” you how to swim–but if you’ve never been in the water–that book knowledge may not be a safe way to go.  I’m just saying.

I owned a record studio for many years, and storytelling can make or break a recording artist.  Much like psychologists who love to study twins separated at birth, we studio geeks love to study the course of the same story told by different singers.  One classic example of this is a song Otis Redding wrote and recorded in 1965, “Respect.”  The song did well on the soul charts, but when Aretha Franklin sang Otis’ song in 1967, she told a different story with the same lyrics.  She made history with this song, really.  Same lyrics as Otis.   Absolutely owned it.  The same effect was not had when Phil Collins covered The Supremes’ classic “You Can’t Hurry Love”.  Diana Ross’ vocals are  classic on that track, and Phil Collins didn’t come close to wrestling ownership away from The Supremes.

Do you think that cops get tired of hearing everyone’s story?

The problem is, everyone thinks they can talk their way out of a criminal charge.  This is America, and even though folks have the right to have an attorney present, not everyone exercises this right.  Yes, this is a bad idea on many levels.  Remember, there is an art to storytelling, and even true stories come out sounding fishy once the police get done misquoting you.  But, every now and then the right story will get a case dismissed.  Sure, I’m spoiling the ending, but it will be an interesting ride. Continue Reading


Tech people are a pretty cocky bunch.  Most tech believers will tell you that all of human “progress” has come via technology.  Obviously, they’re not focusing on our more deadly weapons or better ways to destroy the environment, they’re bragging about the most basic technologies–like how to start a fire.  After all, if we were still trying to figure out how to start a fire, you wouldn’t be reading this right now, and we would all be eating the original paleo diet.

Often, new technologies mean job losses to someone, somewhere.  When elevators were first invented, nobody trusted these machines to magically transport them to another floor.  So, a human being was employed full time to operate the elevator.  Eventually, the “Elevator Operators Union” (it still exists) lost 17,000 jobs with the advent of automatic elevators.  And, who can forget the autoworkers losing their jobs to bright yellow robots who could build cars smarter, better, faster?

It’s not fair to single out the robots, or the invention of automatic elevators.  For example,  9,000 Blockbuster Video locations shut their doors once the internet started delivering movies.  Nobody that I know of has ever stood up for the Blockbuster store clerks that are now unemployed.

Technology seems to be bored with wrecking blue collar jobs in manufacturing.  Rumor has it technology is also after my job.  Yes, good old fashioned white collar attorney jobs.  I had a fairly wealthy friend recently do his will from forms purchased over the internet (LegalZoom, I think).  Ten years ago, he would have hired an attorney at 10 times the price.  And, hey, let’s not forget all the accountants that have lost a job to TurboTax. Continue Reading