Category Archives: Criminal Defense
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 »
7 DUI Checkpoint Requirements
On holidays like Labor Day Weekend, Treasure Coast motorists often encounter DUI roadblocks. Since these checkpoints allow police officers to circumvent the Fourth Amendment, they are very popular in law enforcement circles. But since they are very expensive to operate, they appear only at selected times. Sobriety checkpoints had been around in one form… Read More »
Enhanced Police Tactics and DUI Stops in Florida
Typically, when officers pull over motorists, they personally observe criminal activity. This activity could have nothing to do with DUI. The “criminal behavior” could be a non-working tail light or an expired registration sticker. Nonetheless, as far as Florida law is concerned, these reasons are valid. But in many situations, such evidence is either… Read More »
The Three Types of DUI Prosecutions in St. Lucie County
In key categories like the number of repeat DUI offenders, the percentage of high BAC offenders, and the number of alcohol-related crash fatalities per capita, Florida statistics are significantly above the national averages. So, prosecutors in the Sunshine STate are very aggressive when it comes to DUI prosecutions. When these cases go to court,… Read More »
Breaking Down the Three Types of DUI Prosecutions
Police and courts have worked for years to reduce the number of alcohol-related crashes. Most of these efforts involve tough new laws, like the per se intoxication law and the refusal-to-submit law. Yet despite these laws, all three kinds of DUI cases are winnable. They each require a different approach. Complete Refusal Most people… Read More »
Winning a Circumstantial Evidence DUI Case in Florida
Prior to 2016, Florida had one of the highest breath test refusal rates in the country. But then, lawmakers passed a refusal-to-submit law. Under Section 316.1932, refusing a lawful request to blow into a Breathalyzer is a separate misdemeanor offense. So, even if a Port St. Lucie DUI attorney “beats” the drunk driving charges,… Read More »
