Category Archives: Criminal Defense
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 »
Some Effective Defenses to Assault and Other Violent Criminal Charges
Most criminal cases do not go to trial. In fact, plea bargains resolve over 95 percent of all the criminal cases in the Treasure Coast region. Generally, negotiated settlements involve a lesser charge and/or a reduced sentence. For example, if the evidence is weak, many prosecutors reduce aggravated assault charges to simple assault. The… Read More »
The Five Types of Driving Impairment
Driver error is responsible for over 90 percent of the vehicle collisions in Florida. Sometimes, this error involves a traffic law violation, such as speeding or running a red light. Other times, vehicle collisions begin before drivers get behind the wheel. Due to the nature of impairment-related wrecks, a Port St. Lucie personal injury… Read More »
The Why and When of Miranda Rights
Most people are at least somewhat familiar with the Miranda rights (you have the right to remain silent, you have the right to an attorney, etc.). These rights mostly come from the Fifth and Sixth Amendments in the Constitution’s Bill of Rights. The requirement to read defendants their rights comes from a 1960s Supreme… Read More »
Five Ways to Overturn a DUI Checkpoint Arrest
In 1968, the Supreme Court initially ruled that officers must have reasonable suspicion of criminal activity before they detain motorists. Generally, that reasonable suspicion is a traffic violation, such as speeding or making an illegal turn. Recently, the Supremes have watered down this rule, but it remains on the books. DUI roadblocks are an… Read More »
If I Get in a Fight, Will I Be Charged With a Misdemeanor or a Felony?
As the mercury begins rising in Florida, the state will probably file more assault charges in court. Generally, St. Lucie County prosecutors file the most aggressive charges that the facts could possibly support. That usually means felony assault charges. But that’s not always the case. Assault has both direct and collateral consequences. Convictions usually… Read More »
