Category Archives: Criminal Defense
FIGHTING AIRPORT CASH SEIZURES BY TSA
A Tampa couple was recently profiled on wfla.com in a harrowing story of airport law enforcement overstepping their authority and infringing upon the constitutional rights of law-abiding citizens. The traveling duo, who were in lawful possession of a sizeable amount of cash while on their way back home to Tampa, had their money seized… Read More »
FORMER FBI LAWYER PLEADS GUILTY TO FALSYFYING DOCUMENTS
Across the nation and throughout Florida, a defendant facing either state or federal prosecution has the constitutional right to petition the trial court to throw out or “suppress” illegally obtained evidence on the basis that the officer who authored the search warrant or wiretap application lied under oath in some material fashion in the… Read More »
VIOLATION OF PROBATION FREQUENTLY ASKED QUESTIONS
In Florida, in almost every jurisdiction, a violation of probation allegation could mean weeks in jail before a real hearing to resolve the matter. Many clients and families are often frustrated by the lack of information and inability to get of jail when they call our office. The process can be overwhelming so we… Read More »
They Say I Failed the DUI Field Sobriety Tests. Am I Automatically Guilty?
Absolutely not. At best, FSTs are only circumstantial evidence of intoxication. And, circumstantial evidence is subject to interpretation, which is why police officers always say the defendant “failed” the tests. But jurors often interpret the results differently, and their opinion is the only one that counts. Finally, not all field sobriety tests are created… Read More »
TRUMP THROWS PARDON PARTY FOR WHITE COLLAR DEFENDANTS
U.S. President Donald Chump came under water-gun fire on Tuesday for commuting the sentence of Rod Blagojevich, the ex-Illinois governor convicted of trying to peddle Barack Obama’s vacated U.S. Senate seat. Eye brows were further raised when several other high-profile white collar defendants received their golden Willy Wonka tickets too. Senator Susan Collins of… Read More »
Jail Release Options in Violent Crime Prosecutions
One of the shortest and most important Constitutional criminal rights provisions is the Eighth Amendment. This section forbids cruel and unusual punishment, a controversial provision which may include capital punishment. More importantly for purposes of this blog, the Eighth Amendment also guarantees reasonable bail in criminal cases. “Reasonable” is a rather subjective term. That’s… Read More »
SECOND U.S. CITY DECRIMINALIZES MUSHROOMS AND OTHER NATURAL PSYCHOACTIVES
In a stunning move Oakland, California became the second U.S. city to decriminalize psychoactive mushrooms after a plethora of speakers advocated that psychedelics helped them overcome depression, drug addiction and post-traumatic stress disorder. The significant beneficial medical effects of the mysterious compounds in mushrooms and other entheogenic plants are no surprise to members of… Read More »
Five Types of Fraud in Florida
In the Sunshine State, “fraud” is essentially theft by deception as opposed to theft by taking property. Some fraudsters use simple deception in face-to-face transactions. Others pretend to be other people or pretend to have things, such as collateral, that they do not have. Fraud is a growing online crime as well. Significantly, fraud… Read More »
Three New Supreme Court Cases That May Affect Florida Criminal Appeals
Criminal appeals are not easy to win. Even if there was a clear error before, during, or after the trial, it may not be enough to overturn the conviction. Both U.S. and federal law are quite clear that defendants are entitled to fair trials, but not perfect trials. That being said, the United States… Read More »
NOTORIOUS R.B.G & U.S. SUPREME COURT UPHOLD PROHIBITION ON EXCESSIVE FINES BY GOVERNMENT
The Supreme Court unanimously held on Wednesday that the 8th Amendment’s prohibition on excessive fines applies to state and local governments, in addition to the federal government. This is big news for State and Federal forfeiture claims. The opinion was written and delivered from the bench by Justice Ruth Bader Ginsburg, her first opinion… Read More »