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Fighting for your freedom in Florida and throughout the United States. Case Results In the News

Blog Posts in 2013

Eleventh Circuit Rejects Challenges to Attempted Enticement of a Minor Conviction - U.S. v. Schatz

Defendants charged with attempting to entice a minor online are often disappointed to learn that it doesn’t matter to the courts whether the “minor” was a real person. Courts have ...
Continue reading "Eleventh Circuit Rejects Challenges to Attempted Enticement of a Minor Conviction - U.S. v. Schatz" »

Possession of a Pipe Bomb Is a Crime of Violence for Career Offender Purposes - U.S. v. Kelly

I’ve written recently about the power of sentence enhancements to put defendants in prison for a long time, even for a relatively minor crime. There are several federal rules that can do that, ...
Continue reading "Possession of a Pipe Bomb Is a Crime of Violence for Career Offender Purposes - U.S. v. Kelly" »

Past Sexual Abuse Does Not Make Mandatory Minimum Sentence Cruel and Unusual - U.S. v. Heaton

It’s a sad truth that childhood sexual abuse tends to create a cycle of repeating sexual abuse, as the abused child reaches adulthood and behaves in a way he or she was taught to think is ...
Continue reading "Past Sexual Abuse Does Not Make Mandatory Minimum Sentence Cruel and Unusual - U.S. v. Heaton" »

Eleventh Circuit Rejects First Amendment Challenge to Threat Conviction - U.S. v. Martinez

Even the most ardent supporters of the Constitution agree that there are limits to the rights it grants. For the First Amendment right to free speech, one limit is on threats, which are forbidden by a ...
Continue reading "Eleventh Circuit Rejects First Amendment Challenge to Threat Conviction - U.S. v. Martinez" »

Sixth Circuit Rejects Request to Further Reduce Child Porn Sentence - U.S. v. Marshall

An unusual case resulted in a downward departure from the usual high sentence for child pornography crimes. In United States v. Marshall, Dylan Marshall of Ohio pleaded guilty to receiving child ...
Continue reading "Sixth Circuit Rejects Request to Further Reduce Child Porn Sentence - U.S. v. Marshall" »

Possession With Intent to Sell Is Not an Aggravated Felony With Automatic Removal - Donawa v. Attorney General

Certain U.S. criminal charges are very serious for non-citizens of the United States because they make the person ineligible to fight an order of removal from the country. This includes crimes deemed ...
Continue reading "Possession With Intent to Sell Is Not an Aggravated Felony With Automatic Removal - Donawa v. Attorney General" »

Appeals Court Upholds Dismissal of New Indictment as Retaliation by Prosecutors - U.S. v. LaDeau

Although many try, it’s not often that defendants in child pornography crimes are able to suppress the evidence against them. But in United States v. LaDeau, defendant Daniel Bruce LaDeau was ...
Continue reading "Appeals Court Upholds Dismissal of New Indictment as Retaliation by Prosecutors - U.S. v. LaDeau" »

Could I Go to Jail for Possessing Marijuana in Florida?

Although attitudes about the use of marijuana are rapidly changing throughout the country, most states still uphold strict laws against the possession, sale, cultivation and distribution of this drug ...
Continue reading "Could I Go to Jail for Possessing Marijuana in Florida?" »

Florida Supreme Court Reverses Dog Sniff Decision at U.S. Supreme Court's Direction - Harris v. State

Last year, the U.S. Supreme Court heard two cases involving dog sniffs as evidence—both of interest to Florida criminal defense attorneys like me. One was Florida v. Jardines, in which the U.S. ...
Continue reading "Florida Supreme Court Reverses Dog Sniff Decision at U.S. Supreme Court's Direction - Harris v. State" »

Sixth Circuit Rejects Arguments Against Supervised Release Conditions in CP Case - U.S. v. Shultz

It’s not uncommon to see appeals in child pornography cases that focus only on the conditions of supervised release handed down by the district court. Courts vary, but many are willing to hand ...
Continue reading "Sixth Circuit Rejects Arguments Against Supervised Release Conditions in CP Case - U.S. v. Shultz" »

Florida Supreme Court Agrees That Terry Traffic Stop Was Valid - Mackey v. State

In crimes involving possession of anything, one fruitful area for criminal defense lawyers is to examine whether the search that led to the discovery of the prohibited item was legal. If the search ...
Continue reading "Florida Supreme Court Agrees That Terry Traffic Stop Was Valid - Mackey v. State" »

What Happens If I Refuse to Take a Breathalyzer Test in Florida?

In the state of Florida, it is illegal to refuse a breath, blood or urine test if a law enforcement officer has probable cause to believe that you were driving under the influence (DUI) of alcohol or ...
Continue reading "What Happens If I Refuse to Take a Breathalyzer Test in Florida?" »

Federal Authorities Arrest Silk Road Operator, Obtain Names of Site's Other Users

Early this month, federal authorities arrested Ross Ulbricht, a San Francisco man accused of three felonies in connection with operating online black marketplace Silk Road. Silk Road was a known ...
Continue reading "Federal Authorities Arrest Silk Road Operator, Obtain Names of Site's Other Users" »

Welcome to Our Miami Criminal Defense Blog

Our attorneys are pleased to announce the launch of our Criminal Defense blog with an RSS feed available at http://www.davidseltzerlaw.com/Blog/Entire-Blog-Feed/RSS.xml
Continue reading "Welcome to Our Miami Criminal Defense Blog" »
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