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Bill Cosby Decision Explained

Posted by Robert E. Heyman | Jul 02, 2021 | 0 Comments

Last month, Bill Cosby's request for parole was denied. On Wednesday, as a result of the decision by the Pennsylvania Supreme Court, he left prison a free man. Not only did the court vacate Mr. Cosby's convictions for sex offenses alleged to have been committed in 2004, but also barred the prosec...

Pending Issues in Florida's Medical Marijuana Law

Posted by Robert E. Heyman | Apr 07, 2021 | 0 Comments

        As most Florida residents are aware, in 2016 voters approved Amendment 2 - the "Medical Marijuana" amendment. It resulted in Article X, Section 29 being added to the Florida Constitution which states in pertinent part: " The medical use of marijuana by a qualifying patient or caregiver in...

Florida's Victim Compensation Fund Explained

Posted by Robert E. Heyman | Feb 12, 2021 | 0 Comments

       Recently I received a call from a person who had been attacked without any provocation by either an intoxicated or mentally unstable neighbor. He was taken to jail, for aggravated battery and she ended up in the hospital where she underwent a series of CT scans which revealed bleeding in h...

Cell Phones: Fair Game for Police to Search ?

Posted by Robert E. Heyman | Jan 29, 2021 | 0 Comments

There you are, sitting in your car in front of the police officer who just pulled you over for an inoperative taillight. The officer writes you a ticket and when he hands it to you he notices what appears to be a small baggie of marijuana in the back seat, left there by the careless friend you ju...

Restraining Orders in Florida: Uses and Abuses

Posted by Robert E. Heyman | Nov 25, 2020 | 0 Comments

Florida law provides that a person who has been the victim of domestic violence or is in "immediate danger" of becoming a victim of domestic violence can obtain an injunction to keep the threatening person away from the victim, whether at home, work or in public. Injunctions typically prohibit co...

Zoom: The New Normal for Depositions

Posted by Robert E. Heyman | Nov 11, 2020 | 0 Comments

The Covid-19 pandemic has wrecked havoc upon the court system nationwide, as in-person dockets have been postponed or eliminated, jury trials have been cancelled at least through the end of 2020, and both the civil and criminal discovery process has been slowed significantly. In response, the Flo...

Florida Drug Laws Ruled Unconstitutional

Posted by Robert E. Heyman | Jul 29, 2011 | 0 Comments

On July 28,2011, Federal Judge Mary Scriven of the Middle District of Florida ruled, in the case of Shelton v. Florida Department of Corrections, that all Florida state laws prohibiting the sale use and/or possession of illegal drugs per Florida Statute 893 are unconstitutional. Crimes are classi...

Juvenile and Youthful Offenders: Sentencing Options

Posted by Robert E. Heyman | Aug 30, 2010 | 0 Comments

As part of my criminal defense practice, I often represent juveniles and young adults who have been charged with criminal offenses. Since there is confusion and much bad information out there regarding the possible consequences of a criminal charge in juvenile and adult court, my first duty is of...

Similar Fact Evidence: Crimes that Bite a Second Time

Posted by Robert E. Heyman | Jul 14, 2010 | 0 Comments

Under most circumstances, evidence of the prior criminal behavior of a defendant cannot be introduced at a trial which involves a new, unrelated crime. The overriding theory has always been that, if a jury hears that the defendant has engaged in conduct similar to the crime for which he is on tri...

Police Searches: When do they need a Warrant??

Posted by Robert E. Heyman | Jul 11, 2010 | 0 Comments

“Trucking”, a 1970′s song by the Grateful Dead, contains the cryptic line “if you've got a warrant, I guess you're gonna come in”. While under most circumstances, the band was right, the majority of searches are conducted by police officers without a court authorized warrant. In speaking with cli...

How to Choose a Criminal Defense Attorney

Posted by Robert E. Heyman | Jul 02, 2010 | 0 Comments

Being arrested or informed they are the subject of a criminal investigation can create one of the most stressful situations a person can face in their lifetime. Relationships with loved ones, present and future employment, and even one's freedom are all placed in peril, oftentimes in an instant. ...

What Happens at a Criminal Trial ? 2

Posted by Robert E. Heyman | Jun 30, 2010 | 0 Comments

In 28 years of practicing criminal law, I have handled over 125 jury trials as both a prosecutor and a criminal defense attorney. In those roles, I have learned that one of the most important misconceptions I have had to dispel is that almost nothing of what is depicted in film or television cour...

What Happens at a Criminal Trial ?

Posted by Robert E. Heyman | Jun 30, 2010 | 0 Comments

In 28 years of practicing criminal law, I have handled over 125 jury trials as both a prosecutor and a criminal defense attorney. In those roles, I have learned that one of the most important misconceptions I have had to dispel is that almost nothing of what is depicted in film or television cour...

Pulled over for a DUI ? Now what???

Posted by Robert E. Heyman | Jun 28, 2010 | 0 Comments

      In my 28 years of practicing criminal law, first as a prosecutor and now as a criminal defense attorney, I have handled many hundreds of DUI cases. Approximately 30 of those cases have culminated in a jury trial. As a result of that experience, I have been asked numerous times about what ha...

DUI Checkpoints: A legal, but narrow lane

Posted by Robert E. Heyman | Jun 22, 2010 | 0 Comments

While scanning the letters to the editor recently in the St Petersburg Times, I came upon a letter which was highly critical of the fact that the local police had notified the public in advance of the location and times they were planning on setting up a DUI checkpoint to apprehend drunk drivers....

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