Category Archives: Criminal Defense
Deadly Hit and Run in Broward County
Police are searching for a motorist who failed to stop after fatally striking a pedestrian on the Florida Turnpike. The wreck happened near the Atlantic Boulevard exit. According to the Florida Highway Patrol, a 62-year-old man tried to cross the southbound lanes on foot. A vehicle hit him as he was crossing. Police do… Read More »
Officers Don’t Always Need Warrants. Here are the Top Five Search Warrant Exceptions
In colonial days, British officials often invaded peoples’ homes and searched them at random. So, the Founding Fathers added the Fourth Amendment to the Bill of Rights. This provision requires police officers to obtain specific warrants based on probable cause before they may search dwellings, vehicles, clothing, baggage, or other private property. However, the… Read More »
Three Quick Defenses in Violent Crime Prosecutions
Premeditated violent crimes, such as hate crime assaults and arranged murders, usually dominate the headlines. But most assault cases in St. Lucie County are verbal arguments which got out of control. That’s especially true of ordinary assault, which is probably the most commonly-charged violent crime in Florida. Such combustion assault cases are also relatively… Read More »
Your Rights, and Police Responsibilities, at a DUI Checkpoint
For many years, police officers always needed reasonable suspicion to detain motorists on suspicion of DUI. Reasonable suspicion is basically an evidence-based hunch of criminal activity. In most DUI stops, the defendant committed a traffic violation, like running a stop sign, which drew the officer’s attention. In the 1990s, the Supreme Court legalized intoxication… Read More »
Challenging the DUI FSTs in St. Lucie County
Generally, the Field Sobriety Tests do not matter too much in a DUI case. If the defendant provides a chemical breath or blood sample, and that sample is above the legal BAC limit, the defendant could be guilty as a matter of law. But in about 20 percent of these cases, DUI defendant refused… Read More »
Search Warrant Exceptions Go to the Movies
It is hard to believe that the original Dirty Harry movie is now almost forty years old. Things have changed a lot in the ensuing years, and we are not just talking about fashion and hairstyles. This scene indicates how much criminal law has changed since then. The evidence which was clearly inadmissible in… Read More »
Challenging the Two Main Components of a Drug Possession Case
Simple possession cases have long been a staple in the seemingly endless War on Drugs. In fact, these prosecutions account for over 80 percent of all drug cases in St. Lucie County. Except in marijuana cases, drug possession is typically a felony. The exact severity of the offense usually depends on the type and… Read More »
Your Rights and Responsibilities at a DUI Roadblock
One of the most fundamental Constitutional rules in criminal law is the reasonable suspicion rule. Generally, officers must have specific, articulable facts which indicate criminal activity before they may detain motorists. The Supreme Court has diluted this rule in recent years, most notably in 2014’s Heien v. North Carolina, but the rule itself remains… Read More »
Five Search Warrant Exceptions in Florida Drug Crimes
Privacy rights are deeply embedded in the Constitution. For example, the Fourth Amendment prohibits unreasonable searches and seizures. Before they can enter private property, such as a dwelling or vehicle, officers must generally have search warrants based on probable cause. Over the years, the Supreme Court has carved out some search warrant exceptions in… Read More »
Three Key Constitutional Rights in Criminal Cases
The jury trial is the cornerstone of Constitutional rights in the United States. Jury trials are arguably a uniquely American thing, as over 90 percent of the world’s jury trials occur in the United States. In criminal trials, prosecutors must establish guilt beyond a reasonable doubt. The Constitution gives criminal defendants a number of… Read More »
