Criminal Defense

/Criminal Defense

Ft Lauderdale Criminal Appeals

I want an appeal. What do I do? A question that usually comes in criminal appeals is, “I want an appeal, what do I do?” Here is the scenario: You went to court and things didn’t go the way you planned; now you want to appeal the judgment. One of the most important issues you can [...]

Appeals, Criminal Defense, Uncategorized|

DUI Appeal

Federal decision DUI vs 2nd amendment gun rights In a U.S. District Court decision issued on September 28, 2018, by Chief Judge Christopher C. Conner from the Middle District of Pennsylvania, the Court ruled that the felon-in-possession ban of 18 U.S.C. §922(g)(1) is unconstitutional as to Raymond Holloway, Jr. in violation of the Second Amendment [...]

Appeals, Criminal Defense, DUI Defense|

Conspiracy

“Innocent until proven guilty” is one of the foundations of our criminal justice system. If there is not sufficient evidence of one or more elements of the crime then the charge (or conviction if it’s an appeal) should be thrown out. In a case heard by the one of the Florida  District Court of Appeal, [...]

Appeals, Criminal Defense, Drug crimes|

DUI and Your Medical License

How a DUI can affect your medical license It's common knowledge that a DUI conviction can come with consequences: a driver's license suspension, fines, even jail time. Below, let's take a look at how a DUI conviction in Florida could affect a medical professional. Reporting Your Conviction Medical professionals have 30 days to report to [...]

Criminal Defense, DUI Defense|

Improper search

Improper Search...depends on the definition of Curtilage If evidence was gained by the police through illegal means, that evidence can be suppressed. The U.S. Constitution protects Americans against unreasonable searches and seizures by law enforcement. Suppression means that the evidence cannot be presented in court. If evidence that should have been suppressed is presented, and [...]

Criminal Defense, Info Articles, Uncategorized|

Talking with police

Should I talk to the police or press after a shooting July of 2014, an Arizona homeowner shot and killed one of two intruders who had entered his home in the middle of the night. The homeowner was eighty (80) year old Thomas Greer, who had been assaulted during the home invasion and suffered a [...]

Criminal Defense, Info Articles|

Right to Remain Silent

Can police use tricks to get a confession Remaining silent is a right that should be exercised more often by people suspected of committing crimes, but unfortunately, people’s desire to explain themselves and tactics used by police oftentimes overcome a person’s better judgement. The best time to contact a defense attorney is before you’ve talked [...]

Attorney, Criminal Defense|

Arrest Warrant

I might have a warrant for my arrest Often, people who are being investigated want to talk to the police to explain things.  They wish for the best and hope that they can remove the possibility of an arrest or a warrant being issued.  The truth is talking with the police is almost always a [...]

Criminal Defense, Law|

What is Consent

In a DUI case can law enforcement obtain a blood sample without your consent In certain circumstances, the answer may be yes.  In Aguilar v. State, 43 Fla.L.Weekly D179a (3rd DCA 2018), Juan Aguilar appeals a conviction for DUI crimes DUI Manslaughter, DUI with a person or property damage, and DUI causing serious bodily injury, [...]

Criminal Defense, Drug crimes|

Florida Eyewitness Laws

New laws in Florida on using eyewitnesses Recently, a new law went into effect in Florida regarding eyewitness identification in criminal cases.  Florida Statutes section 92.70 is called the Eyewitness Identification Reform Act “EIRA.” If you have a criminal case where an eyewitness has identified you, it is very important that these procedures were followed [...]

Appeals, Criminal Defense|
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