Eric Goody was arrested in Tampa yesterday, accused of being a “serial robber.” Paraded in front of news cameras by detectives, Goody essentially admits the crimes into the microphone stuck in his face: “I was living on the streets, I did what I had to do, I’m sorry.” No attorney in sight to tell him this important tip:

Dude, shut up. Remain silent. You can’t talk yourself out of being arrested. And now your cameo on BayNews9 is admissible at your trial as a voluntary statement, not protected by Miranda.

I think it is atrocious that law enforcement allows the media up-close access to a suspect without an attorney present. Richard McTear (alleged to have thrown a baby out of a car) was in the same situation, as have been many others recently. Some keep quiet, others don’t (like McTear’s infamous statement, “it’s a dirty game”, whatever that means).

Of course, detectives and reporters don’t care about his rights, don’t kid yourself. Cops want to look good by catching the bad guy, the press only wants to sell stories. And if you had a chance at trial, that is now impossible with your broadcast admission.

So, knowing that law enforcement and the reporters will never tell you this, here is your free legal advice for he day: do not make any statements until you have consulted an experienced criminal defense attorney.

You have the right to remain silent. What most of you lack is the ability.

Your pharmacy records are not confidential and not protected from law enforcement subpoenas. Cops can walk into your pharmacy and obtain your records without any notice to you. This is an alarming example of legislators’ efforts at doing away with the Fourth Amendment.

A recent case has held that detectives are not required to procure a search warrant or subpoena prior to obtaining controlled substance records from pharmacies. The statute requiring pharmacists to maintain controlled substance records, including prescription records, and to make records available for inspection and copying by law enforcement officers, was found to NOT violate constitutional privacy provisions of Florida Constitution.

The defendant Tamulonis’s records were obtained pursuant to chapter 893 (Florida’s drug control and crimes chapter). Section 893.07(4) requires pharmacists to maintain controlled substance records, including prescription records, and to make the records “available for a period of at least 2 years for inspection and copying by law enforcement officers whose duty it is to enforce the laws of this state relating to controlled substances.”

In this case, the detective testified that he was assigned to a unit that investigates illegal prescriptions. He stated that he received information from another detective that Tamulonis was involved in a pattern of “doctor shopping.” The detective contacted various pharmacies and obtained Tamulonis’s patient profiles, which are “computer printouts that show the date, the prescription medication, and the doctor who prescribed it.” Based on the patient profiles, the detective determined that Tamulonis had visited multiple doctors within a thirty-day period and had obtained prescriptions for oxycodone and Oxycontin. The detective obtained Tamulonis’s prescriptions and showed them to the doctors. The doctors stated that when they wrote the prescriptions, they were unaware that Tamulonis had received prescriptions for similar medications from other doctors. She was then arrested and charged.

The trial court had originally granted a motion to suppress; the State aopealed, and the Second District Court of Appeal reversed and has now allowed the prosecution for obtaining a controlled substance by fraud (predicated on “doctor shopping”) to continue. Tamulonis will now have to go back to court and likely enter a plea.

This is a slippery slope. I foresee this leading to witch hunts for any type of “crime”, predicated upon law enforcement’s unbridled ability to obtain pharmacy records without subpoena (obtained through the State Attorney) or search warrant – which means without probable cause. That the cops can peruse our pharmacy records without telling us or the courts is Orwellian and, quite frankly, scary. That is how they do it in Russia, Cuba, and all the other places where there is no constitution protecting the people. What is to stop law enforcement from prying into confidential records and gaining personal information that has NOTHING to do with ANY crime? Apparently nothing.

The Florida legislature must re-write this statute to require a subpoena or search warrant, and advance notice to the patient. in fact, this case even says that the law is as the legislature intended it. However, At this rate, it wouldn’t surprise me if they drafted a law saying the police can enter your car or home without a warrant. . .

The case: STATE OF FLORIDA, Appellant, v. LORI TAMULONIS, Appellee.

Mechanics’ own cars break down.  Sometimes doctors get sick.  An architect’s home can have a defect.  And sometimes defense lawyers get in trouble.  The profession has nothing to do with the problem the professional is battling.  Rather than rejoicing in it, or kicking a man while he’s down and trying to take his profession with it, stop and think.

Aaron Slavin, a local criminal defense attorney, is in trouble.  No different that anyone else who may be in trouble with the law.  Do not think this is some revelation about the criminal defense profession, or lump all defense lawyers into some “scumbag” dragnet.  I have read what is on the local internet news comment pages.  Quite frankly, its despicable to revel in anyone’s misery.

The initial reports are bad.  He – and his wife, whom I’m sure he loves – are facing mandatory prison sentences.  His life will never be the same.  Is that a reason for the local internet wildlife to celebrate?  Certainly not.

Mr. Slavin has done a lot of good for a lot of people – on both sides of the courtroom.  Perhaps he had a problem – like many of his (and my) clients wrestle with every day.  Maybe he got in over his head – like so many of our fathers, sons, and brothers have.  Maybe, just maybe, he needs help.

It is a sad day for my profession.  Not because of Aaron’s actions (that’s just a sad day for him).  No, it’s a sad day because of the negativity that the community is spewing as a result of what Aaron did.  If he had any other job, he would not have been in the news.

So give the guy a break.  It’s all laugh-a-minute until you or your loved one is in Mr. Slavin’s spot.  I, for one, wish him well. 

Here’s the story:  Former assistant state attorney faces drug charges

Check this article out:  Murder sentence upheld by court (Herald Tribune, 10-12-09).

This is my case!  Although we did not get an outright win in the appellate court, the case is still alive.  You can read the actual opinion here:  Merle Frances Zeigler v. State of Florida (2D07-5300).

This is all about a jury instruction, which is the law as is read to the juror by the trial judge, that the jurors have to use to determine whether the State proved it case.  Jurors listen to the facts of a case, and right before they deliberate the judge tells them what the law is, and how to apply the facts to that law to render a verdict.  Otherwise, how would a regular citizen know what the specifics of the crime charged are when deciding whether to convict or acquit?  It is a vital part of the trial, and errors in jury instructions often result in reversals.

What the reporter fails to fully explain is that the case is going to the Florida Supreme Court because there is a clear conflict in the law as decided by two different appellate courts.  The Second District Court of Appeal in Lakeland seems to be in the minority.  The First District Court of Appeal in Tallahassee opined year-before-last that the manslaughter jury instruction was wrong.  The Florida Bar committee on criminal jury instructions apparently agreed, and recommended that the manslaughter instruction be changed.  The Florida Supreme Court agreed and actually changed the jury instruction. The old – and arguable wrong – version was given in my client’s case at trial.

What that means is that now the Florida Supreme Court will take a look at the case and make a decision as to whether the old (and again, arguably wrong) version should not have been given.  If they deem that the Second District is indeed incorrect, then Ms. Zeigler will get a new trial.

This is an example of what an appellate attorney can do for a defendant in an otherwise seemingly hopeless situation!

Here’s the article link again:  Murder sentence upheld by court | HeraldTribune.com | Sarasota Florida | Southwest Florida’s Information Leader.

Interesting article. Attorney’s conversation taped, pulled by HCSO, sent to the State Attorney, then provided in discovery as something the State intends to use at trial.  This brings up SOOOOO many issues.  But let’s skip to the moral of the story: YOUR JAIL PHONE CONVERSATIONS ARE NOT PRIVATE.

Jail calls are recorded – everyone knows that. They are not monitored in real time’; the jail has to pull the calls and listen to them one by one.  As an attorney, I tell my clients NOT TO DISCUSS the facts on the phone.  Never have I let a client say anything remotely incriminating on the phone.  Nonetheless, I have had my calls monitored, and in one instance, the State Attorney filed a motion based on something they thought I was going to do based on a misinterpretation of a conversation with my client (which resulted in a motion to disqualify the prosecutor – not for listening to my call, but for not playing fair).

I do not agree that the HCSO committed an offense here.  I am concerned that the State Attorney’s Office listened to the recording, knowing it was with the man’s attorney, and felt compelled to continue to listen AND to try to use the recording as evidence in a trial.  I believe that the prosecutor had an ethical duty to NOT listen to the conversation once he or she realized it was an attorney/client call, but to notify the defense attorney that he was in possession of the call and to put the defense attorney on notice that the calls were monitored and FUTURE calls would be subject to review.  That may not be the best answer, but it at least offers some semblance of respect for the attorney/client privilege.

One other thing that is bothersome.  Deputy Docobo went WAY overboard in his reaction to this situation.  The only thing he didnt do was insult the attorney’s lineage, family, or personal appearance.  How dare he threaten to go to the Bar over this, when his deputies are routinely violating civil rights with illegal searches and seizures on the street, attacking and beating arrestees on the street (I CAN DOCUMENT THIS WITH A CASE I PERSONALLY HANDLED), and tossing handicapped inmates out of wheelchairs IN the jail.  Nice way to try to deflect the heat, Docobo.  We have not forgotten the problems you and the HCSO have.  I think David Gee should call him down for this.  There is no sense in personally attacking someone, especially an attorney trying to defend not only his client, but the rights of all persons who are in jail awaiting trial.

Attorney says Hillsborough jail secretly recorded talks with client – St. Petersburg Times#comments#comments#comments

A story today on the ever-reliable and always captivating TBO.com.  You should beware of buying not only pirated DVDs, but clothes, purses, watches, and jewelry.  It is a rampant problem.

If you are selling these items and are caught, you should contact an experienced Tampa criminal defense attorney or lawyer.  Often times there are legal issues with the arrests, searches, and seizures in these cases.

Deputies crack down on DVD pirates