Category Archives: Criminal Defense
I Failed a Breathalyzer Test. What Happens to My Drivers’ License?
Unless an appeal is successful, the state will suspend your drivers’ license if you fail a Breathalyzer test. The state will also suspend your license if you refuse to submit a chemical sample upon reasonable demand. Very strict time deadlines apply in these situations. Usually, drivers have only ten days to request appeal hearings…. Read More »
What is the Burden of Proof in a Criminal Case?
The burden of proof in a case requires the state to prove, beyond any reasonable doubt, that the defendant committed the charged offense. The BOP applies to every element of the offense. For example, in a DWI case, the state must prove the defendant was driving or operating the vehicle (D) while under the… Read More »
What’s the Difference Between State and Federal Court?
Many countries only have one court system. States, provinces, prefectures, or whatever they’re called are basically administrative districts that have no autonomy. But the United States is a federal republic. This system of government combines federalism (power divided between a central authority and regional units like states) with republicanism (rule by elected representatives, not… Read More »
Collateral Consequences of Criminal Convictions
During court proceedings, judges are legally required to inform defendants of the direct consequences of criminal convictions. But they don’t have to say anything about the collateral consequences. These indirect and long-lasting effects, typically imposed by statutes, regulations, or private policies, significantly affect an individual’s ability to reintegrate into society. Although collateral consequences are… Read More »
Expungement in Florida: What You Should Know
Expungement in Florida, a legal process that literally erases conviction records or at least conceals them from public view, helps individuals move forward without the long-term consequences usually associated with criminal convictions. The unemployment rate is one example. The convicted felon employment rate is roughly 27 percent, which is about five times higher than… Read More »
Your Constitutional Rights and Responsibilities in a Preliminary DUI Investigation
Despite a decades-long DUI crackdown which began in the 1990s, alcohol still causes about a third of the fatal car crashes in Florida. As a result, many law enforcement officers feel like they have a personal mission to get “drunk drivers” off the road. Other departments emphasize DUI arrests and punish officers who don’t… Read More »
Six Arrested After Fraud Investigation
Florida officials say a former state employee processed more than 220 bogus property damage claims that siphoned $1.7 million from taxpayers, in what investigators call one of the state’s most brazen internal fraud schemes in recent years. The Florida Department of Financial Services’ Criminal Investigations Division (CID) announced the arrests in February 2025 after… Read More »
What Happens If Your Bond is Forfeited?
If your bond is forfeited because you failed to comply with a condition of bond, the judge usually issues a bench warrant. A bench warrant, which is a combination of a court order and an arrest warrant, isn’t subject to the statute of limitations. So, it’s valid until served, and bench warrants are always… Read More »
AG Vows Crime Crackdown
In November 2025, Florida Attorney General James Uthmeier unveiled a sweeping “get tough on crime” agenda for 2026. Uthmeier said he wants to limit the insanity defense for violent criminal cases to the sentencing phase of the trial, a change which would significantly rework the state’s criminal law. “Alleging that you can’t tell right… Read More »
The Changing Legal Status of Marijuana in Florida
Marijuana is a lightning rod in Florida and elsewhere. To many people, marijuana is a safe alternative to addictive pain pills and the resulting overdoses that kill tens of thousands of Americans every year. To many others, marijuana is a mind-altering drug and the first step on the road to more serious drug use… Read More »
