C.S. is a twenty-six (26) year old woman with no prior criminal record. While driving northbound on I-95 in St. Lucie county, a cop traveling in the opposite direction claimed he saw C.S. following the car directly in front of her “too closely.” The Deputy made a U-turn, caught up with C.S. and pulled her...Read More
A law enforcement officer’s empathy for a turtle injured by a passing car cannot justify an unlawful search and criminal prosecution……. It’s simple. Anger resulting from empathy for an injured animal does not give the police the right to search your car and arrest you. Most of us like turtles. They’re goofy, obstinate, relentless, single-minded,...Read More
Man’s best friend. And one of man’s best ‘tools’. The ultra sensitive olfactory abilities of dogs are legendary. But as this example will show, they are not “limitless”. In State v. J.R.J., Indian River County Case No.: 31-2014-CF-765-A, a young citizen was returning from a pizza restaurant late one night, with a fresh, redolent pie...Read More
In State of Florida vs. C.S., (case number 2014 MM 2304), the Defendant initially believed that her life had been ruined by an arrest in St. Lucie County, Florida for possessing cannabis. It was a pleasant enough day in South Florida (for July, that is), when C.S. was traveling northbound on I-95 for a weekend...Read More
ALL CASES ARE “BIG” CASES, TO THE WRONGFULLY ACCUSED… When lawyers engage in “marketing” their skills, they typically refer to their exploits in “high profile” cases; cases which, for whatever reason, have captured the conscience of the community—whether that community is a neighborhood, town, city, country, or the international stage. “O.J.”, “Madoff” and “Martha Stewart”...Read More
DOMESTIC SQUABBLE LEADS TO FELONY ARREST—–CHARGE DISMISSED AND INNOCENT CITIZEN’S RECORD EXPUNGED A domestic argument resulted in M.L.’s wife contacting police in case number 2006-1931-CF. The wife told law enforcement that her husband was fraudulently obtaining controlled substances from different physicians without advising the doctors of treatment by the other doctors. This behavior is sometimes...Read More
In State v. A.T., Palm Beach County Case No.: 11 CF 1935-AXX the Defendant was charged with multiple criminal counts including violation of the Racketeering (RICO) statute; Money Laundering: Conspiracy to Traffic in Controlled Substances, Trafficking in Controlled Substances, Unauthorized Practice of Medicine, and Sale of Steroids, among other charges. On February 23 2011, members...Read More
In State v. C.G. 2207MM400, the Defendant was charged with DUI while riding his motorcycle home in the early morning hours of January 28, 2007. The defendant hired Board Certified Criminal Trial Lawyer Jay Kirschner to represent him. Although the client had one previous DUI conviction occurring over twenty (20) years earlier, the previous conviction...Read More
Jonathan Jay Kirschner of Kirschner & Garland, P.A., Fort Pierce, for petitioner. Robert A. Butterworth, Attorney General; and Georgina Jimenez-Orosa and Carol Cobourn Asbury, Assistant Attorneys General, West Palm Beach, for respondent. WELLS, Judge. We have for review Gibbs v. State, 676 So.2d 1001 (Fla. 4th DCA 1996), in which the district court certified the...Read More
TRAFFICKING IN COCAINE NOT GUILTY !!! In State v. H.M., 99-3838-CF, H.M. was arrested and charged with his co-defendant, S.L., with Trafficking in Cocaine over 200 grams, a crime which carries a “minimum mandatory” penalty, if convicted, of seven (7) years in the Department of Corrections, as well as a $100,000.00 fine—also a minimum mandatory....Read More
