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Govt. Held to The Same Standard as Defendants on Appeal

One of the most common complaints one hears in the practice of appellate law is: The Government is never held to the same standard as the criminal defendant on appeal.  Whether it’s waiver during the trial-level proceedings, or a purported waiver during oral argument or in the briefing, it often seems like appellate courts give [...]

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Do the police have the right to draw your blood?

Do the police have the right to draw your blood? Did you know that in Florida, if there is an accident, and the DUI suspect is taken to a hospital due to injury, a criminal investigation can be ongoing even if the suspected DUI driver is not arrested? Did you also know that under the [...]

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Arrested on Multiple Drug Charges in Citrus County

Multiple Drug Charge Arrest in Citrus County A 75-year-old Citrus County man has been arrested and charged with selling significant amounts of marijuana. According to the Citrus County Sheriff’s Office, a search warrant served at a Floral City residence Tuesday morning resulted in this arrest. During the execution of the search warrant, detectives allegedly located 464 [...]

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Construction Sting in Tampa

Construction Sting in Tampa Nearly two dozen men are accused of massive construction fraud, according to the Hillsborough County Sheriff’s Office. They were arrested last week as part of an undercover sting, and now authorities are warning the public about protecting themselves against unlicensed contractors. The nine-day undercover sting was designed to catch unlicensed contractors that [...]

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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|

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|

Florida’s stand your ground law

Is Florida's Stand your ground law retroactive The Florida Supreme Court will take up a question about whether a 2017 change to Florida’s “Stand Your Ground” self-defense law should apply to older cases.  The 2017 change shifted the burden of proof from the defense to the prosecution. Two appellate courts have split about whether the [...]

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Sealing a criminal record in Florida

Being arrested can be a scary and very embarrassing ordeal.  After an arrest, a person’s criminal record is public information and can be viewed on request by pretty much anyone.  That means potential employers, friends or your employer can look into why you were arrested and what happened. Most often, people want their criminal records [...]

record Expungement, Uncategorized|

Concealed carry laws in Florida

What you need to know about Florida's concealed carry law The Florida Department of Agriculture and Consumer Services (the Department) issues licenses to carry concealed weapons or concealed firearms in the State of Florida and they are good for 7 years.  Concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, [...]

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Traffic Collision and Facing Drug Crimes

Traffic collision-facing crimes One Florida teen is facing multiple charges related to drug crimes and related activities after a traffic collision in Ocala. The crash, which took place on March 13 at around 3:00 in the morning, involved a large semi-truck fuel tanker and a silver Toyota Corolla. It occurred at a Kangaroo gas station [...]

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