Category Archives: Criminal Defense
Special Issues in Federal Court DUIs
Tampa Bay includes many courthouses, office buildings, and other federal property, such as parks and military bases. Federal court DWI law and procedure is different from state court procedure in many ways. The direct consequences are somewhat different as well. The collateral consequences and other indirect effects of a federal property DUI are much… Read More »
Basic Jail Release Conditions in Florida
Reasonable bail conditions are guaranteed by an obscure provision in the Eighth Amendment. But the provision is very unclear. “Reasonable” is a lawyer word that means different things to different people in different contexts at different times. Some common “reasonable” conditions of bail are outlined below. In many cases, a Tampa criminal defense lawyer… Read More »
Florida Cops Bust Chuck E. Cheese
In July 2024, a man wearing a Chuck E. Cheese costume at a child’s birthday party was arrested and charged with three felony violations. Photos and videos captured of the arrest almost immediately went viral on social media, and the Tallahassee Police Department later confirmed their authenticity. TPD spokesperson Alicia Hill said officers “walked… Read More »
Five Unexpected White Collar Crimes
White collar crimes, like the ones listed below, are sometimes referred to as “victimless” crimes. But most prosecutors don’t see things that way. These financial crimes usually have individual financial victims. In many cases, a financial loss is just as stressful as a personal injury. Additionally, society suffers when people commit “victimless” crimes. Therefore,… Read More »
What You Should Know About Immigration and Marriage Fraud
Legal marriage is one of the most popular immigration shortcuts, mostly because the marriage visa processing time is significantly shorter than the processing time for other kinds of visas. Because it’s such a popular shortcut, authorities closely scrutinize these applications, to ensure the marriage is fully on the up and up. In fact, this… Read More »
Are DUI Roadblocks Legal in Florida?
Yes, DUI roadblocks are legal in Florida, as long as they adhere to all legal requirements. Some of these requirements are outlined below. For many years, the Supreme Court went back and forth on the question of whether DUI checkpoints violated the reasonable suspicion rule that limits police officer stops. The Supreme Court finally… Read More »
Is Beyond a Reasonable Doubt Used in Criminal Cases?
Yes, beyond a reasonable doubt is the standard of proof in criminal cases. Note that some “criminal” cases, such as probation revocation hearings, aren’t technically criminal cases. So, a lower burden of proof applies. Florida courts define a reasonable doubt as “an abiding conviction of guilt” that’s more than “a mere possible doubt, a… Read More »
Procedural Defenses in Assault Cases
Procedural defenses, which are usually based on a violation of the Bill of Rights, are very effective in assault and other criminal cases. If prosecutors don’t have enough evidence to convict defendants, they can usually find more. However, if police officers take shortcuts during the arrest and/or investigation process, prosecutors cannot go back in… Read More »
The DUI ALR Process Explained
Driving Under the Influence is a crossover matter that often has implications in both criminal and civil court. These civil court consequences usually include the Administrative License Revocation process. Usually, a failed or refused chemical test triggers this process, which allows the state to suspend a defendant’s drivers’ license without a conviction and, in… Read More »
Long-Term Effects of Juvenile Convictions
Florida law automatically expunges (erases) most juvenile criminal records when the former offenders turn twenty-six, which is very good news for these individuals. Many state laws don’t include this possibility. But the bad news is that a juvenile criminal record could haunt a person for at least a decade before the automatic expungement provision… Read More »
