Hendry County and Labelle Homicide Attorney David A. Brener Handles All Homicide Cases

Homicide attorney David A. Brener 239-332-1100 is available to handle any homicide case in Hendry County and LaBelle, Florida. David Brener is peer review rated "AV Preeminent" in criminal law by Martindale Hubbell, and is listed in the Bar Registry of Preeminent Attorneys. David Brener has handled approximately 55 murder cases, including 19 capital death penalty cases. He is one of one half of one percent (.05 %) of Florida attorneys who are qualified to act as lead counsel in death penalty cases. The Law Offices of David A. Brener, P.A. handles all degrees of homicide, including first, second, and third degree murder, manslaughter, and vehicular homicide. For more information, visit our website at
http://www.justiceisourpassion.com

David A. Brener, P.A.
2133 Main Street
Fort Myers, Fl.33901
239-332-1100 Readmore »»

CVS Pays Millions in Penalties While Individuals Face Years in Prison. How is That Fair?

CVS has agreed to pay $75 million in civil penalties and to forfeit $2.6 million in profits to resolve a government investigation for illegally selling pseudoephedrine to individuals who use it to manufacture methamphetamine. Psuedoephedrine is the key ingredient in methamphetamine. Starting in September of 2006 laws were enacted which prohibit pharmacies from selling more than 3.6 grams of pseudoephedrine per day to any individual. CVS broke these laws by allowing indivuduals to purchase thousands of grams of psuedoephedrine in California and Nevada.

If you go into a drug store to purchase any medication containing this substance, you have to show your ID and sign an electronic device documenting the fact that you've made this purchase. You may have been asked to do this and not known why. Now you know.

Individuals, sometimes referred to as "meth smurfs" buy quantities of cold medicine which containes psuedoephedrine. They then sell the cold medicine to manufacturers of methamphetamine for a small fee. These individuals commonly make several purchases a day for many days in order to obtain the necessary quantities to make the drug.

The Drug Enforcement Agency, or DEA, has a website called, "Meth Check" where they can keep track of every purchase of pseudoephedrine. Indivuduals who are arrested for engaging in this conduct are caught using this system. They are then charged and sentenced based on the amount of psuedoephedrine that they purchase. The amounts can be extraordinary. Especially in light of the fact that large drug store chains like CVS are bound by the new laws. How then do they get away with paying a fine and individuals who purchase the medicine go to prison?

It's all about money. The "meth smurfs" who usually make very little money and engage in this conduct out of desperation spend years in federal prison while the huge corporate conglomorate pays a fine and walks away. There is something very wrong with this picture.

I represent an indivudual charged with purchasing large quantities of pseudoephedrine in Federal Court in Southern California. I am doing everything in my power to see to it that justice is served and you can be certain the Judge in our case will hear about this outrageous disparity of treatment. Readmore »»

Fort Myers Criminal Defense Attorney David A. Brener (239-332-1100) Handles All State and Federal Crimes

Fort Myers Criminal Defense Attorney David A. Brener (239-332-1100) is in the Bar Registry of Preeminent Lawyers, and handles all state and federal crimes, including Murder and other Violent Crimes, Narcotics Offenses, Sex Crimes, Firearm and Weapons Offenses, Economic and White Collar Crimes, Driving Offenses/DUI, and Probation/Control Release Violations. He and his Associate, Thomas E. DeMine, III, practice exclusively in the area of criminal defense in state and federal court. The Law Offices of David A. Brener offers free initial consultation, and has flexible appointments. Call today or visit our website at http://www.justiceisourpassion.com/.
David A. Brener, P.A.
2133 Main Street
Fort Myers, FL. 33901
239-332-1100 Readmore »»

Naples Homicide Lawyer David A. Brener Handles All Degrees of Homicide

Naples Experienced Homicide and Murder Lawyer David A. Brener (239- 332-1100) is available for representation on all homicide cases, including first, second, and third degree murder, manslaughter, vehicular homicide, and capital murder cases. David Brener is listed in the Bar Registry of Preeminent Attorneys, and is peer review rated "AV" - the highest rating in legal ability and ethical standards - in criminal law. David Brener is one of approximately one half of one percent (.05%) of criminal lawyers in the State of Florida who is permitted to act as lead counsel in capital death penalty cases. He has handled approximately 55 murder cases, including 19 capital murder charges. David A. Brener is the Chairperson of the Criminal Law Practice Section of the Lee County Bar Association, the current President of the Lee County Chapter of the Florida Association of Criminal Defense Lawyers, and a long-standing member of the National Association of Criminal Defense Lawyers. He offers free consultation and flexible appointments.
David A. Brener
2133 Main Street
Fort Myers, FL. 33901
(239-332-1100)
www.justiceisourpassion.com Readmore »»

How Could Legalizing Marijuana Be Bad?

On November 2nd California voters will decide whether it should be legal to possess and cultivate less than an ounce of marijuana. How could that possibly be a bad thing? Possessing or cultivating less than an ounce of marijuana has carried a $100 maxiumum penalty for years. Gov. Arnold Schwarzenegger recently signed a law making it an infraction. In most cases involving less than an ounce of marijuana a person could attend an eight hour class at a local community college and have the charge dismissed. The Orange County District Attorney's office recently launched a "spit and acquit" program where a person charged with possession of less than an ounce of marijuna gives a DNA sample and the charge is dismissed right then and there.

Medical Marijuana is prescribed readily in California. Many seriously ill individuals benefit greatly from using medical marijuana. It gives great relief to cancer patients and many others who suffer from debilitating illnesses when other drugs simply don't work. Many of these people can't afford the costs of buying their prescriptions at the marijuana collectives though. Some have difficulty getting there. If they were allowed to grow their own marijuana plant it would allow them to grow their own medicine.

An additional benefit to the legalization of less than an ounce of marijuana is that it would remove the element of danger for those who still purchase marijuana "on the street". Drug dealers would be out of the picture.

Many chemicals, pesitcides and other substances may be used on marijuana that is purchased. By growing your own, you can avoid those risks.

We would also save taxpayer money in processing marijuana citations which generally don't bring in revenue in the first place.

Marijuana is less addictive and less harmful than alcohol and cigarettes and they are legal.

Although marijuana is not legal yet in California, it might as well be. It just makes sense. Readmore »»

Man Sentenced to 70 Months for Wire Fraud in Federal Court

A Tustin man was sentenced to 70 months in Federal Court for engaging in wire fraud. The man told investors that he could purchase Google stock at a discounted price because he allegedly had a special relationship with Morgan Stanley and Goldman Sachs. He assured the investors that their money was not at risk. Multiple emails were sent throughout the transactions with his investors which provided false information, including a forged Morgan Stanley email. Wire Fraud occurs when an individual uses the internet for the purpose of executing fraud. Fraud occurs when someone uses false representations to obtain money.

The sentence in this case was calculated by determining the amount of money lost by investors. Even though a substantial amount of money was returned to investors in this case, the court must still consider the entire amount of loss as "relevant conduct". In this case, net losses after the return of some of the investor's money was approximately $10 million. The court also considered the number of victims. In this case, there were between 10 and 50 which increased the sentence. A reduction of the sentence is given for "acceptance of responsibility".

At sentencing the court must consider many factors including the nature and characteristics of the individual. An experienced criminal defense attorney will spend a significant amount of time with their client discussing any factors that may be compelling to the court and lead to a lesser sentence. There are often many mitigating factors in a case including restitution as was made in this case. Again, an attorney experienced in Federal Court will guide an individual through this process so that the necessary steps are taken to obtain the lowest sentenced possible. Readmore »»

Residential Rehab: How much time is enough?

We hear stories of celebrities who go into rehab for 30 days. Is 30 days enough? The short answer is NO! For most addicts, 30 days is just the detoxification period. Most rehabilitation facilities require that the residents remain on "lock down" during the first 30 days. Residents are usually not allowed to work or even have visitors during that time period. Many rehab facilities have a mimimum 90 day stay. Others require 6 months and many are year long programs. Most people can't afford places like Betty Ford. So where do they go? There are a variety of residential rehab facilities in every county. The cost ranges from several thousand dollars a month to free. In many cases the free programs are actually the best but they have many requirements for entry. Some programs are exclusively for men or women. Some programs allow women and their children but there is generally a 2 child maximum and children over 10 are generally not allowed. This can cause great hardships for some women. There are programs which encourage people to work outside of the program while others, like Salvation Army, require residents to work for them. Many programs also have a halfway house component to the program which allows for a smooth re-entry into their lives. Many programs are based on the 10 step model. Some have a more religious apporach. If you are going into rehab as a result of a criminal case it is usually required that you attend a program that is approved by the probation department in your county. An experienced criminal defense attorney will assist you in locating and getting into the best program for you that will suit all of your needs personally and which will satisfy the court. Readmore »»

Man arrested attempting to cross border with 2 pounds of heroin

A man was arrested by US Customs Officials for attempting to cross the U.S./Mexico border with 2 pounds of heroin stuffed into a girdle. Drug trafficking at a U.S. border is a Federal Crime. 1 Kilo of a substance containing heroin (2.2 pounds) carries a mandatory minimum sentence of 10 years and a maximum of life in under the federal sentencing guidelines. 100 grams or more of a substance containing heroin carries a mandatory minimum of 5 years and maximum of 40 years. These are very serious charges. There are a few exceptions to the application of the mandatory minimum in these cases. It is also extremely rare that bail is granted in these cases because of the mandatory mimimums. That is why anyone facing drug trafficking charges should be represented by an experienced federal criminal defense attorney. Readmore »»