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STATE CRIMES – KNOW YOUR RIGHTS Defendants’ Rights: The Bill of Rights to the U.S. Constitution; How the U.S. Constitution attempts to ensure fair treatment for criminal defendants: There are two fundamental tenets of the U.S. criminal justice system: The presumption that the defendant is innocent, and the burden on the prosecution to prove guilt […]

Is eluding an officer a criminal offense in Florida? Attempting to flee or elude a police officer is a serious offense. Because of the many injuries and deaths caused by high-speed police chases, the police, prosecutors and judges look at this offense that ordinarily results in a jail sentence. The actual statute that controls is

Florida Traffic Violations What offenses can get my license taken away? There are a number of offenses, infractions and criminal offenses dealing with tags and driver’s licenses. Chapter 320 of the Florida Statutes deals with tag requirements and violations. Chapter 322 deals with the requirements for drivers to be licensed in Florida and the violations

DRUG OFFENSES UNDER FLORIDA LAW Chapter 893 of the Florida Statutes is one of the longest and most comprehensive chapters in all of the Florida Statutes. It controls the possession, manufacture, importation, use, sale and delivery of many substances, determined by the Legislature to be contraband. We will not attempt to provide here the many

In my 42 years of practice as a criminal defense lawyer, I have seen a dramatic increase in the number of prosecutions for possession of or distribution of child pornography. It is a terrible crime, and unlike some other offenses, there is no sympathy for the offender. In may crimes, the public looks t it

BOND HEARINGS UNDER FLORIDA LAW How do bond hearings work in Florida? The right to be released on bail or other pretrial release is found in the US Constitution in the 8th Amendment and it is found in the Florida Constitution in Article 1, Section 14 in that portion of the Florida Constitution known as the “Declaration

If the police find any evidence of violence when they arrive for a domestic dispute – whether it be the victim’s word or just a knocked-over piece of furniture–someone will be arrested. The person who was arrested will not be allowed out of jail for any reason until he or she sees a judge (usually

Why you should ALWAYS refuse field sobriety tests! JUST SAY “NO” There is almost no imaginable circumstance where it is to your advantage to take the Standard Field Sobriety Tests (usually referred to by the Officer as “field exercises” rather than as “tests.”) Years ago most agencies videotaped the performance of these tests. If you

In Florida law, the term “rape” was replaced with the more complicated term “sexual battery.” Under the most recent set of laws, the penalty for sexual battery depends on a number of factors, including how much force was used. For example, the penalties will be more serious if a weapon or threat of violence was