People often ask what they should say to police officers who want to speak with them. Other than simply confirming your identity, don’t talk with the police or any other law enforcement officers conducting an investigation without first speaking with a lawyer. It may come as a shock, but the…
You may have heard you can win your case if the evidence against you was obtained based on an invalid search warrant. But, as a recent case demonstrates, that’s not always true. In State v. Smith, Mr. Smith was charged with multiple drug offenses and possession of a firearm by…
Have you been arrested for driving under the influence (DUI) in Florida even though your breath alcohol content (BAC) was less than 0.08? If so, you’re probably wondering how you could still be arrested, given the “legal limit” of 0.08. The answer is below. Under Florida law, the State has…
If you’ve been arrested for false imprisonment in Florida you may become automatically registered as a sex offender at the conclusion of your case depending on the facts, even if registration was not part of your plea agreement or ever discussed in court. A case from the First District Court…
Have you been charged with the crime of grand theft of electronics or other depreciating assets? If so, you may have grounds to have your charges reduced from a felony to a misdemeanor, thereby avoiding a felony conviction, prison and/or substantial jail time. The recent decision from the Florida First…
An internet child sex sting operation in Hillsborough County recently concluded with the arrest of sixteen men in August. Among those arrested in “Operation Small Talk” were a registered sex offender, a member of the U.S. Army Reserve and former Manatee County Sheriff’s Office sergeant. Six of the men attempted…
Have you violated your felony probation? If you have, a recent change in the law may help you avoid a lengthy prison sentence resulting from your violation. Until recently, section 948.06(2)(a), Florida Statutes (2015), provided if you admitted to a charged violation of probation, the court could “forthwith revoke, modify,…
Have you been arrested for driving under the influence (DUI) of marijuana? If so, depending on the facts of your particular case, it may be possible to have your charges reduced or even outright dropped. This is because the State’s burden of proving you were actually impaired by marijuana, as…
The Florida First District Court of Appeal recently discussed the admissibility of similar act evidence in crimes involving child molestation in Newman v. State of Florida. In Newman, Appellant was charged with lewd or lascivious molestation of his eight-year-old adopted daughter. At trial, the State presented evidence that when the…
Have you been arrested for carrying a concealed firearm? If so, you may be able to have your case dismissed through a new diversionary program recently created by the State Attorney for the Fourth Judicial Circuit. Diversionary programs (also known as pre-trial intervention) are primarily designed for first-time offenders who…