Category Archives: Criminal Defense
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 »
Seven Constitutional Rights in Criminal Cases
The jury trial is the foundation of all Constitutional rights in criminal cases. In fact, 90 percent of the world’s jury trials occur in the United States. So, most other countries do not have this strong bedrock. But the Constitution includes more than the right to a jury trial. There are important pretrial rights… Read More »
The Five Types of Driving Impairment
Car crashes kill or seriously injure millions of people every year, and only a few of these incidents are “accidents.” Instead, avoidable driver error causes over 90 percent of these wrecks. Substantial compensation may be available in these situations. That’s especially true if the driver error involved one of the five types of driving… Read More »
Georgia Southern QB Exonerated in Drug Possession Case
Redshirt junior Shai Werts may be in the Eagles backfield this season after all, since the “cocaine” officers claimed he had on his car was bird poop. In July 2019, peace officers pulled Werts over for speeding. As they approached the car, they saw white, powdery residue on the car’s hood. Despite his repeated… Read More »
Five Constitutional Rights in Drug Cases
When the Founding Fathers wrote the Constitution, they probably did not imagine the massive police powers that the government would later claim. Over the years, courts used obscure passages like the interstate commerce clause to create law enforcement bodies with powers that were unheard of in democratic states. This same Constitution, however, also guarantees… Read More »
