Category Archives: Criminal Defense Advice
What to do if Florida Police Arrest You at Your Home
In an encounter with police while you are in your car or a public place, officers need probable cause to arrest you. The laws are very different, however, if you are arrested at your home or business. The US and Florida Constitutions both prohibit unreasonable searches and seizures unless police have a warrant supported… Read More »
Presenting Defenses In A Florida Criminal Case: Motion Practice
You do have basic, fundamental rights under federal and Florida law when you have been arrested for a crime. You cannot be convicted unless you are proven guilty beyond a reasonable doubt, you have the right to defend yourself in court, and you are protected from illegal search and seizure by government officials –… Read More »
Considerations In Finding A Florida Criminal Defense Lawyer For A Loved One
Even if you are never arrested yourself, there may come a time that you need to retain a Florida criminal defense attorney for a loved one. Being charged with a crime is overwhelming, so your friend or family member will be understandably shaken and unsure where to turn for help. He or she will… Read More »
Your Rights Regarding Preliminary Breath Tests When Pulled Over For DUI
There is some confusion about breathalyzer tests in the contest of Florida drunk driving cases, leaving many motorists unsure about whether and when they can refuse to blow. Like many states, Florida has enacted an implied consent statute, which requires drivers to submit to chemical testing as part of a DUI investigation. The rule… Read More »
How Do Enhancements Affect A Defendant In A Florida Criminal Case?
Under Florida law, certain repeat offenders are considered more dangerous than others due to their propensity to re-offend in the future. As a result, the criminal statutes treat these individuals more harshly under “enhanced” sentencing, which essentially means extending the amount of time you are in prison or applying mandatory minimum sentencing. Because the… Read More »
How Florida Lawyers Use Depositions To Defend Criminal Charges
Between an arrest and trial in a criminal case, prosecutors and Florida defense attorneys engage in the practice of discovery so that both sides can learn more about the claims and allegations. There are many tools lawyers have at their disposal for discovery purposes, as the goal is to exchange as much information as… Read More »
Undercover Bust Lead To Arrests: Is Entrapment A Defense?
The Brevard County Sheriff’s Office, with assistance from additional county agencies, recently nabbed eight people on drug offenses in Florida, after an investigation that spanned several months. According to a January 19, 2018 article in Florida Today, the arrests were based upon an undercover video that captured an exchange of money for a bag… Read More »
Road Rage and Leaving the Scene in Tampa Bay: Charges Filed
While it was fortunate that no one was injured in a recent road rage accident, there are still serious consequences for one man who was arrested for leaving the scene. According to an article in the Tampa Bay Reporter, the Florida Highway Patrol apprehended the suspect at his home on May 14, 2017, two… Read More »
Bill on Sealing Criminal Records Headed to Governor’s Office
A proposed bill that would automatically seal certain criminal records recently passed the Florida House and Senate, and will soon be placed on the Governor Rick Scott’s desk. The Orlando Sentinel reported that the legislation creates a process where documentation regarding past criminal history is hidden when the opportunity to appeal expires. If enacted,… Read More »
Spring Break Crime: Top Questions About Arrests in Florida
It’s common for police to step up enforcement of alcohol and drug related offenses when Spring Break rolls around each year, but 2017 efforts around Panama City Beach are aimed at preventing more violent crimes: Two weekends of shootings and armed robberies in March prompted law enforcement to crack down on offenders, according to… Read More »