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…
The United States Supreme Court recently issued an opinion in Denezpi v. United States that further expanded a government’s ability to prosecute individuals multiple times for the same conduct. Generally, the Fifth Amendment to the Constitution prohibits the government from retrying an individual who has already been prosecuted for that…
A recent court decision, Wilson v. State, 43 Fla. L. Weekly D715a (Fla. 2d DCA 2018), resulted in the reversal of a conviction and the suppression of a confession in a case involving illegal and outrageous police conduct. This opinion is a scathing indictment on the tactics used by law…
A motion to suppress is an important arrow in the quiver of any criminal defense attorney. It is a weapon to defend the true meaning of the Fourth Amendment to the Constitution of the United States. It is a powerful tool that protects all Americans from unreasonable searches and seizures…
MIRANDA WARNINGS You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to an attorney and and have that attorney present with you while you are being questioned. If you cannot afford…