Criminal Defense Blog
Posted on May 15, 2013
If you have been charged with DUI, be sure to tell your criminal defense attorney if you currently suffer, or have suffered in the past, from any medical or mental health conditions. Certain ...
Continue reading "Have you been charged with DUI, do you suffer from any medical or mental health conditions?" »
Posted on May 10, 2013
The "discovery process" in a criminal case is the process whereby the defendant demands, and the state turns over, all evidence that the state has in its possession that it plans on using ...
Continue reading "What is discovery in a criminal case?" »
Posted on May 9, 2013
In order to convict you of driving under the influence (DUI), the state of Florida must prove beyond a reasonable doubt that you were operating a motor vehicle while under the influence of alcohol or ...
Continue reading "Can I be convicted of DUI simply because I have an illegal drug or a controlled substance in my blood or urine?" »
Posted on May 8, 2013
There are a lot of misconceptions about how juvenile charges work and how they effect charges later on in life. Most people view juvenile charges and convictions as being not very serious. However, ...
Continue reading "Will my juvenile conviction count against me for my new arrest?" »
Posted on May 1, 2013
The Florida House has passed bill SB52 banning text messaging while driving, more specifically prohibiting operating a motor vehicle while using a "wireless communications device". A ...
Continue reading "Florida Ban on Texting While Driving Law (SB 52) 316.305" »
Posted on Apr 25, 2013
Example of a Concurrent Sentence Concurrent means the sentences are running together at the same time. Let's say that a defendant is charged with two different crimes, for instance driving on a ...
Continue reading "When referring to a criminal sentence, what does consecutive, concurrent, and coterminous mean?" »
Posted on Apr 23, 2013
The result of a jury trial is called a verdict. The main two verdicts are guilty or not guilty. These are what are commonly seen in tv, movies, and books dealing with the criminal justice system. ...
Continue reading "What is jury nullification?" »
Posted on Apr 18, 2013
While the terms of probation can vary from area to area, there are some specialzed probation programs that will be given in some cases. One of the more popular types of probation in Sarasota and ...
Continue reading "What is the difference between drug offender probation and regular probation?" »
Posted on Apr 11, 2013
Recently, a statewide initiative to curb underage drinking took place in Sarasota and Manatee counties. Known as Operation Dry Spring, the initiative focused on underage drinkers out for spring break ...
Continue reading "Arrested in Sarasota or Manatee for underage drinking as part of Operation Dry Spring?" »
Posted on Apr 11, 2013
Florida law is tricky when it comes to challenging a search of a vehicle. This is especially true when the passenger of a vehicle wants to challenge a stop. Not only does a passenger have to show that ...
Continue reading "Can I challenge a stop and search if I was the passenger in a car?" »
Posted on Apr 8, 2013
A confession or admission must be freely and voluntarily given. There should be no coercion through scaring a person or offering them hope or help. Admissions attained by police through direct or even ...
Continue reading "When the police officer or detective spoke to you, did he or she promise you help or leniency if you cooperated and answered questions?" »
Posted on Apr 3, 2013
Many people become confused about the difference between probation and pre-trial intervention (PTI). Both are "resolutions" to a criminal case. While there are some similarities, there are ...
Continue reading "What's the difference between PTI (pre-trial intervention) and Probation?" »
Posted on Mar 25, 2013
It is becoming increasingly common to read police reports where evidence of drugs was allegedly found after a "consensual" search only to speak to the defendant who is adamant that he or she ...
Continue reading "The police officer is lying: I never gave consent to search" »
Posted on Mar 22, 2013
When being sentenced by a judge in a criminal case, often fines and fees are the last things on a defendant's mind. However, these monetary matters can cause potential problems later on down the ...
Continue reading "I can't afford my probation fees and costs, what can I do?" »
Posted on Mar 19, 2013
There have been several articles in the Sarasota Herald Tribune recently regarding police officers who apparantly lied about the reason that they stopped a vehicle. A police officer cannot stop your ...
Continue reading "The police officer lied about the reason for stopping my car and I was charged with a crime, what can I do?" »
Posted on Mar 18, 2013
Most people are familiar with your typical search and seizure scenario - a cop comes to someone's door holding a piece of paper indicating a judge has granted them access to the home to search for ...
Continue reading "What is an inventory search of my car in Florida?" »
Posted on Mar 15, 2013
An ignition interlock is a device typically installed on the dashboard of a vehicle that requires a person to provide a breath sample by blowing into the device in order to start the vehicle. The ...
Continue reading "I got a DUI, will I need to get an ignition interlock device installed on my car?" »
Posted on Mar 12, 2013
In the state of Florida, if you are convicted of driving under the influence (DUI) you are required to complete the DUI School and Victim Impact Panel. As of this writing, the DUI School Level I ...
Continue reading "How and where do I sign up for DUI School and the Victim Impact Panel?" »
Posted on Mar 11, 2013
If you have been charged with driving under the influence (DUI) and have a prior DUI conviction, you may qualify for Sarasota County DUI Court. The Sarasota DUI Court Program is an excellent program ...
Continue reading "Two or more DUI's? Sarasota DUI Court focuses on getting you help rather than giving you a lot of jail time." »
Posted on Mar 11, 2013
Click here for the Florida Department of Corrections (DOC) website where you can search if someone is in the custody of DOC (currently in prison), including if someone is being supervised by DOC (on ...
Continue reading "Want to search if someone is on felony probation or in the Department of Corrections (prison) in Florida?" »
Posted on Mar 6, 2013
Let's face it, no one wants to go to jail. If you know you have a pending warrant for your arrest, however, biting the bullet and turnig yourself in can be advantageous. One benefit is that you ...
Continue reading "Should I Turn Myself in on a Warrant in Sarasota/Manatee?" »
Posted on Feb 28, 2013
A defense available to those charged with misdemeanor battery (also called "touch or strike battery") is the defense of consent. An essential element of misdemeanor battery involves an ...
Continue reading "I was charged with misdemeanor battery after a mutual combat fight, are there any defenses available to me?" »
Posted on Feb 27, 2013
Oftentimes there are no independent witnesses in battery and domestic battery situations—they are often "he said, she said" crimes. Police often rush in and charge one person hastily, ...
Continue reading "Accused of Domestic Violence or Battery? Be sure to take pictures of all defensive Injuries." »
Posted on Feb 25, 2013
Florida law permits an individual to legally possess a controlled substance obtained pursuant to a valid prescription. The “prescription defense” is available to the prescription holder, ...
Continue reading "I was holding someone else's valid prescription and I was arrested for possession of a controlled substance. OR What is the prescription defense?" »
Posted on Feb 20, 2013
The Sarasota County Sheriff's Office recently arrested 30 people in a sting called "Operation Intercept II." Most of the subjects arrested were charged with Traveling to Solicit a Child ...
Continue reading "Arrested in Sarasota's Latest Sex Sting?" »