Category Archives: Criminal Defense
Can You Resist Unlawful Arrest?
Before a police officer can make an arrest, they must either have an arrest warrant or probable cause to believe a person committed a crime, such as when they suspect a driver of a DUI. Unfortunately, the police do not always abide by these rules. Sometimes they make an unlawful arrest and if it… Read More »
The Holidays See a Spike in Certain Crimes
Unfortunately, the holidays are not always the happiest time of the year. So, what crimes increase during the holidays? Holiday-Related Crimes According to the National Crime Victimization Survey (NCVS), which examined seasonal crimes over a period of 17 years, there are some crimes that become more common during the holidays. These include driving under… Read More »
What is Criminal Mischief in Florida?
Most people are familiar with terms such as ‘vandalism’ but many do not understand what ‘criminal mischief’ means. Essentially, criminal mischief is a property crime that involves the destruction of another person’s property. Just as the term vandalism is familiar to many, most people think it is a relatively minor offense. Unfortunately, the law… Read More »
Protesting vs. Rioting in Florida
The country is currently in a state of protest, and it has extended to Florida as well. Protestors are flooding the streets fighting against police misconduct, civil injustice, and the results of the Presidential election. The protesting has made international headlines, as has the rioting that sometimes erupts. Footage on the news is sometimes… Read More »
What Happens if I Miss a Criminal Court Date?
Court dates are set for a reason and if you miss one for a minor offense, such as a traffic infraction, you likely will not face any consequences. However, if you miss a criminal court date, the matter becomes much more serious. Judges, as well as all other officers of the court, expect you… Read More »
What is a DUI Chemical Test, and Do I Have to Consent?
There are four basic ways that the police can test for intoxication, in order to determine whether a person is fit to drive or is driving while under the influence of alcohol or another controlled substance. These are (a) field sobriety tests, which are subjective tests that give early indications of intoxication; (b) breath… Read More »
Some Effective Defenses to Assault Charges
In late summer and early fall, conditions are often ideal for violent assaults. There is a direct relationship between warm weather and assaults. The effect is not as pronounced during the height of summer. When temperatures get too high, people stay inside. Ordinary assault, which is a misdemeanor, is an intentional (non-accidental) assault. Physical… Read More »
Successfully Challenging DUI Chemical Test Results
In the early 2010s, Florida had the highest Breathalyzer refusal rate in the country. Then, lawmakers approved a failure-to-submit law which makes refusal a criminal offense. Before then, refusal was only an administrative offense. The refusal rate then declined, but it is still well above the national average. The conviction rate in test cases… Read More »
The How and When of Miranda Rights
Forget everything you know about the Miranda rights from movies and TV shows. A 2010 Supreme Court case, Berghuis v. Thompson, gave police officers much more latitude in this area. As a result, the Miranda rights (you have the right to remain silent, etc.) are no longer the same. Before 2010, the Miranda rights… Read More »
The Three Ps of Drug Possession
Some people think the War on Drugs ended in the 1980s. At least as far as drug possession is concerned, that’s patently untrue. These arrests have increased 400 percent since the 1980s. A single pill could mean felony charges. And, felony arrests and convictions look very good on police officer and prosecutorial resumes. Despite… Read More »
