Tag Archives: Port St. Lucie Criminal Defense Lawyers
Sixty-Plus People Caught In Police Dragnet
St. Lucie County Sheriff Ken Mascara boldly declared that 63 “hometown terrorists” were in jail because of a large scale, multi-agency, anti-drug operation. In announcing the results of “Operation Strike Three,” Sheriff Mascara stood in front of a plethora of firearms and empty pill bottles which he claimed were part of a large scale… Read More »
When Do I Have ‘The Right To Remain Silent?’
Beginning in 1966, the Supreme Court required police officers to inform suspects of basic Constitutional rights before questioning them. In many movies and TV shows, suspects are “Mirandized” when they are arrested. Officers do this by rushing through a series of statements while the suspects are placed into squad cars. In reality, the law… Read More »
Pre-Conviction Driver’s License Suspension In DUI Cases
In most criminal courts, the conviction rate for DUI test cases is almost twice as high as the rate in non-test cases, so the laws are tailored to essentially coerce drivers into providing breath or blood BAC samples. In a recent case, the United States Supreme Court essentially upheld Florida’s stringent laws in this… Read More »
Lawmakers Consider Reviving ‘Blue Lives Matter’ Law
Several other states, including nearby Louisiana, have passed laws that make crimes against law enforcement officers hate crimes, and several Florida legislators want the same thing to happen in the Sunshine State. Representative Elizabeth Porter (D-Lake City) introduced legislation in the State House to add “law enforcement officer” to the list of protected classes… Read More »
The Three Kinds Of Florida DUI Cases
“Should I take a breath test?” is one of the questions that we hear all the time, and there are two very good responses. Some lawyers say it is a good idea to provide consent. They say that when people fall into holes, they must first stop digging, and especially because Florida has a… Read More »
Man Denied Release In Zimmerman Shooting
A Seminole County judge ruled that a 38-year-old man convicted of firing a gun at George Zimmerman must stay in jail while his case is appealed. After a jury convicted the man of armed aggravated assault, attempted second-degree murder, and shooting into a vehicle, the circuit judge levied the minimum penalty under the law,… Read More »
Circumstantial Evidence In DUI Cases
Blood alcohol content tests, which are nearly always Breathalyzer tests, have acquired added significance over the past decade because Florida, like most other states, enacted a per se DUI law that defines intoxication as a .08 or above BAC. Nevertheless, about twenty percent of drivers still refuse to take a BAC test, and in… Read More »
Pretrial Release In Florida
Incarceration before trial is a significant legal and personal hardship. Defendants who are in jail can only consult with their attorneys during limited times and under controlled conditions. Furthermore, they cannot participate in their own defense in any meaningful way. In sum, according to a recent study, defendants who are in jail before their… Read More »
Direct And Circumstantial Evidence In DUI Cases
Now that the United States Supreme Court has legalized refusal-to-submit laws, at least to some extent, more DUI prosecutions will probably be based on direct evidence of intoxication. Blood draws are the most accurate way to measure a person’s blood alcohol content (BAC), but peace officers must obtain search warrants prior to blood draws,… Read More »
Is Self-Defense Available In Domestic Violence Cases?
An Orlando man wants the judge to throw out a domestic battery charge based on the state’s “stand your ground” law. The 43-year-old man claims that he only used force against his then-wife because he reasonably feared for his life. According to police and prosecutors, the couple had an altercation in their car in… Read More »
