Everybody has heard of Miranda rights, but few actually understand what they are and what they do. You may be surprised to learn that police officers do not always have to read you your Miranda rights when they are questioning or even arresting you? Sounds crazy, but it’s true. The…
Starting July 1, 2024, the laws relating to Racing on Highways in Florida are changing. The Florida legislature has increased the penalties and created new provisions that will affect anyone charged with this crime. The crime of racing on the highways includes a lot of activities including racing,…
In federal criminal courts, when a person is convicted of a drug offense with a minimum mandatory sentence provision, there are only two ways that allow a federal judge to go below that statutory minimum mandatory sentence: a 5K motion filed by the federal prosecutor if the client provides substantial…
Every person charged with a crime in the United States is entitled to a speedy trial. This is a federal constitutional right guaranteed by the Sixth Amendment to the United States Constitution which states, [i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…” …
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. Police officers can’t simply walk up to any citizen and detain or arrest that person. There must be reasonable suspicion or probable cause that the person has, is, or is committing a crime in order to…
A major issue in DUI cases has not been fully fleshed out and has caused a lot of confusion among practicing criminal defense attorneys and judges. When a driver is pulled over and the officer has reasonable suspicion that the driver is under the influence of alcoholic beverages or drugs,…
The Florida Legislature has granted immunity from prosecution to any person who acted in lawful self defense. Fla. Stat. §776.032 provides that any person who acts with justifiable use of force is immune from criminal prosecution and civil action. “Criminal prosecution” includes arrest, detention and being charged or prosecuted. …
The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (January 23, 2023 -January 27, 2023) Listen to this week’s The “Cite” of the Crime Podcast episode here. OVERVIEW – 6 0 – Florida Supreme Court Cases 1 – First DCA Cases 2 – Second DCA Cases 2…
The “Cite” of the Crime Podcast CASE SUMMARIES Federal 11th Circuit Criminal Case Law Update (January 16, 2023 – January 20, 2023 ) Listen to this week’s The “Cite” of the Crime Podcast episode here. OVERVIEW 11 cases 3 published decisions 8 unpublished decisions This week we have a Guideline…
The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (January 16, 2023 – January 20, 2023) Listen to this week’s The “Cite” of the Crime Podcast episode here. OVERVIEW – 0 – Florida Supreme Court Cases 0 – First DCA Cases 3 – Second DCA Cases 0…