Recent Blog Posts
Intoxication Defenses in a DUI
Section 856.011 defines intoxication as loss of “the normal control of either his/her body or his/her mental faculties, or both.” Furthermore, the Sunshine State, like most other jurisdictions, has a per se definition. Individuals with a BAC adobe the legal limit, which is usually .08, are intoxicated as a matter of law. The first… Read More »
Five Indirect Effects of a Juvenile Criminal Conviction
Some parents believe that troubled children should “take their medicine” and face the full consequences of their actions in juvenile court. The problem with this approach is that, in many cases, the medicine is much stronger than parents believe it is. Juvenile criminal convictions usually have consequences that affect children for years to come…. Read More »
Authorities File Charges in Alleged Hate Crime Murder
Following a month-long investigation, a 65-year-old man was taken into custody and charged with second-degree murder with a hate crime enhancement for the killing of a 52-year-old man at the West Dog Park in Tampa in February 2024. The arrestee initially told police he killed the man in self-defense. But an investigation undermined that… Read More »
Proof Issues in Common White Collar Criminal Cases
All criminal cases have proof issues. Prosecutors must establish guilt beyond any reasonable doubt. That’s the highest standard of proof in Florida law. Because of this high burden of proof, witness availability and credibility are usually the two biggest proof issues. Many cases are single-witness cases. In most cases, police officers are available and… Read More »
Hidden DUI Defenses in Florida
UI (under the influence) is usually the most contested element in a DUI case. D (driving) could be an issue as well. Legally, both basic elements must meet the same requirements. Prosecutors must establish every element of every criminal offense beyond any reasonable doubt. Usually, the state uses chemical test results, typically a Breathalyzer… Read More »
Why Does My Lawyer Want Me to Plead Guilty?
The decision to voluntarily plead guilty, which belongs to the client alone, usually comes down to the three Cs of cost, closure, and control. Criminal trials require considerable preparation. Therefore, they are considerably more expensive than pleas. Furthermore, if a defendant decides to go to trial in Hillsborough County, the defendant must wait several… Read More »
Statewide Crackdown Nabs Two More Street Racers
Authorities in Orange County booked two men into jail on charges of street racing. They allegedly traveled at 199mph on the Florida Turnpike. The duo was spotted near the intersection of Moss Park Road and North Shore Golf Club Boulevard. A probable cause affidavit said the Orange County Sheriff’s Office received several calls regarding… Read More »
Civil Consequences of Criminal Cases
The direct consequences of a criminal conviction are bad enough. Jails and prisons in the United States hold over two million inmates. The average sentence length has increased in recent years as well. However, even the longest sentence in the most overcrowded prison ends eventually. But to released inmates, the consequences of s criminal… Read More »
What Proof Do Officers Need to Get a Search Warrant?
Judges may only issue search warrants if officers submit written probable cause affidavits. Probable cause is a vague standard of proof which basically means “s/he’s probably guilty, but I need to hear both sides of the story to be sure.” That’s a low standard of proof, but officers often take shortcuts and/or heavily cite… Read More »
The Bill of Rights and Drug Trafficking Cases
James Madison, the Founding Father who spearheaded passage of the Bill of Rights, initially opposed them. In fact he called the proposals “parchment barriers” that provided no individual protections. Madison wasn’t wrong. For many years, the Bill of Rights was little more than a statement of purpose. The Supreme Court didn’t introduce the exclusionary… Read More »
