Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

‘Drug Possession’

An Overview of Levels of Proof often Utilized in the Florida Criminal Process

In order to successfully convict an individual of a crime, the prosecuting attorney of a case must be able to prove “beyond a reasonable doubt” that the accused is indeed guilty. Now, most people aren’t fully aware of the importance of this statement and what sets it apart from other types of evidence that are used in criminal procedures. In Florida, before members of the jury start their deliberations, they are given the Florida Supreme Court Standard Jury Instructions to study, in which all the various types of proof required in a criminal case are detailed. Below we’ll give you a summary of these “levels of proof”, but if you have a case coming up, then you should also contact a qualified criminal defense lawyer who’s familiar with Florida law to help you understand how these specifically apply to your case. Beyond a Reasonable Doubt This is the burden of proof which a prosecutor must present in order to meet this standard. Below are just a few standout points from the Florida jury instructions on what “beyond the reasonable doubt” really means:  If the jury… Read More

Forensics and Elections

Forensics and Elections Forensics in the form of investigative technology seems to be moving to the forefront of the news and national attention. One of the big questions that has come up has been about the legality of the electoral college, and whether the electoral college is a right and proper way to select a president for the United States of America, another is about how to detect and prevent actual voting fraud.   The first problem with the electoral college arose in 1800 when Thomas Jefferson tied with Aaron Burr for votes in the electoral college. After some fancy footing on the part of Congress, it was decided that Jefferson would be president and Aaron Burr Vice President. To avoid future problems, a new rule that candidates had to be designated president or vice president as candidates when running. This was followed up by a very odd compromise that put John Quincy Adams in office and was then followed up by the election of Andrew Jackson. Perhaps one of the most notable electoral college problems arose in 2000 when there was a call for… Read More

How Criminal Charges Affect Immigration Proceedings

Immigrants that are currently undergoing the legal naturalization process in the U.S. face harsh consequences if they get arrested for a crime. While you might still be in the US, your application for citizenship will no longer be considered valid or relevant. Basically, if you get arrested while you’re still undocumented then you’re likely to get deported. Therefore, the best course of action to take if you get arrested is to seek the counsel and representation of an experienced criminal defense lawyer in Florida. Your attorney will assist you in exploring other more favorable outcomes that may even enable you to evade a conviction completely. As they say, knowledge is power, so here’s some useful information on the implications of an arrest on your immigration application. Arrest vs. Conviction It’s important to first know the difference between an arrest and a conviction. The definition of both terms is the same for immigrants and citizens alike. An arrest means that you’ve been detained on a suspicion that you’ve committed a certain crime. However, you are detained based on probable cause and haven’t yet been found guilty.… Read More

Parents, Children, Caregivers and Criminals: How Can We Best Protect the Innocent?

Children, parents and child abuse are often in the news recently. Between the #MeToo movement, incarcerated immigrant children and the usual reports of coaches, teachers, caregivers and even parents who physically, verbally, or sexually abuse children, one might wonder how children manage to live to grow up, let alone grow up sane, compassionate, self-actualizing adults. Forensic psychology is often an investigation into the why that leads to the how in the hope of practicing preventative policies that will keep not only the children but also the caregiving adults safe. Which brings us to our title question. When thinking about parents, children, caregivers and alleged criminals, how can we best protect the innocent? The #MeToo Movement In 2003, Tarana Burke was approached by a young woman who confided in Ms. Burke that her mother’s boyfriend was abusing her. As she searched for words, Tarana Burke eventually passed the girl along to another person who she felt would be qualified to help her. But she later thought, “Why didn’t I just say, ‘Me, too.’” That was how the Me Too movement started, as a way for girls… Read More

Seeking to Make Drug Maker Pay for OxyContin Abuse

More than 20,000 Americans a year have been killed, jails have become filled, treatment centers are frequently visited, and the reemergence of heroin use; all which can be traced to prescription drug abuse. And nowhere is the pill problem more prevalent than in Kentucky’s Appalachians, where officials trace its roots to the aggressive marketing of one potent drug: OxyContin. A Civil lawsuit has been in the works for seven years and time has ticked, but finally there is light at the end of the tunnel. The end result being making drugmaker Purdue Pharma pay. As early as next year, it could bring the first-ever jury trial pitting Purdue against an addiction-plagued state over the painkiller, which experts say may lead more communities to file suit; Chicago and two California counties already have. “This is about holding them accountable,” says Kentucky Attorney General Jack Conway. “They played a pre-eminent role in the state’s drug problem. This started to explode in the mid-1990s, when Purdue Pharms was marketing OxyContin. The resulting opiate epidemic … is a direct result.” An aggressive and deceptive marketing campaign misled doctors, consumers… Read More