Category: Criminal Defense

In a ruling in late September 2017, the Florida Supreme Court ruled that if a person does not have a driver’s license, for if he/she never obtained one, and that person is pulled over for a traffic stop infraction, such as speeding, that person can only also be cited for committing a second degree misdemeanor for driving without a valid driver’s license, no matter how many times that person drives and is caught.

The Florida Supreme Court, in a unanimous decision on September 28, 2017, made the ruling and finding that a “stand your ground” immunity in a criminal case could not be used to block a civil lawsuit.

Everybody makes mistakes. Some mistakes can be corrected... with the right strategy. “Deferred Prosecution Agreement” is for those accused of misdemeanor offenses, and “pre-trial intervention” is for those accused of most third degree, non-violent felonies. Most charged with more serious offenses are not eligible for these programs.

The Florida Legislature on May 5, 2017, passed a bill that now puts the burden on the prosecution to prove by “clear and convincing” evidence to overcome a person’s request for immunity from criminal prosecution in a ‘Stand Your Ground’ case.

In a renewed posture, both chambers of the Florida Legislature are, once again, taking up the requirement that all portions of law enforcement interrogations be recorded. Currently, there is no requirement under Florida law that law enforcement officers record all portions of a custodial interview with an arrestee, let alone any of it.

An appeals court in our state has recently ruled that law enforcement authorities must obtain asearch warrant from a court as part of any criminal investigation before they can search ordownload information from a car’s ‘black box’, which is otherwise known as an electronic datarecorder.

One of the first things I look at when I am retained to represent someone in a criminal case is whether they are eligible for what is referred to as a Diversion. This can mean different things in different jurisdictions, but what I am referring to is whether the criminal case can be taken out of the regular court that it is pending and for a favorable result or outcome.

It is very important to realize that if you are arrested for any crime, it can be tempting to do certain things due to being scared, upset, and confused about the situation. When I am speaking with someone after they have been arrested (or if they have not been arrested, but are the subject of a criminal investigation), I find quite often that they have done one or more things that they should not have when dealing with law enforcement.

In the next few weeks, our Florida Legislatures will be convening for their annual legislative session in Tallahassee. Hundreds of bills and legislative proposals on a variety of issues will be addressed in subcommittee meetings and by the State House and Senate as a whole during the session in March and April.

I read with interest a recent article from the Daytona Beach News Journal of a case where the court ruled that the State prosecutor’s office could not use any evidence in a case of drugs and contraband that were obtained by the police through the execution of a search warrant on a house.