If you have been charged with a crime in Florida, or any other state, and you are not a United States citizen, you may be at risk of suffering immigration related penalties, such as deportation, as well as the normal criminal penalties. If your criminal defense lawyer is not familiar…
Articles Posted in Criminal Procedure
Police Officer’s Racial Comment Admissible at Trial
To what extent is a police officer’s racial comment admissible in a criminal trial? It depends on the circumstances and type of case. However, in any trial, evidence that tends to prove that a witness is biased against one side or the other should be admissible at the trial. If…
Police in Florida Cannot Stop a Motorcyclist For Driving Without A Helmet
It is not uncommon in the Jacksonville, Florida area and throughout Florida to see people riding motorcycles without a helmet. As criminal defense lawyers in the Jacksonville, Florida area, one question we recently were asked from a client is whether the police can pull them over for not wearing a…
Drugs Found in Vehicle After DUI Arrest may Be Admissible at DUI Trial in Florida
In a recent DUI case near Jacksonville, Florida, the defendant was pulled over by police for failing to maintain a single lane. The police officer conducted a DUI investigation and decided the defendant was impaired while driving his vehicle. The police officer observed vomit on the defendant and in his…
Police Can Detain A Person Asleep in a Vehicle for a DUI Investigation
In Florida, in order for the police to detain someone for further investigation, whether for a drug related crime or a DUI, the police must have some specific evidence of the criminal activity before going further with the investigation. In a recent case, the police observed a person slumped in…
What Happens if the Police Do Not Mirandize a Suspect in Florida?
As criminal defense lawyers who handle all varieties of criminal cases in state and federal court in Florida, particularly in the Jacksonville area, we get a lot of good questions from clients about the legal process in Florida. One common question from clients pertains to Miranda warnings. Most people understand…
Clay County Couple Arrested For Allegedly Throwing Party With Alcohol and Underaged Kids
A couple from Fleming Island in Clay County, Florida was arrested for allegedly throwing a party with underaged kids and alcohol according to an article on Firstcoastnews.com. According to law enforcement, the Clay County couple threw a graduation party at their home at which underaged kids were drinking. Pictures of…
In Florida, Defendant’s Confession is Not Admissible Until State Proves Crime Was Committed
Quite often, a major part of the state’s case is a statement or a confession from the defendant either admitting the crime or admitting to certain damaging facts that reflect negatively upon the defendant at the criminal trial. However, in Florida, a defendant’s confession that was lawfully obtained is not…
Can the State Withhold the Identity of a Confidential Informant (“CI”) in Florida?
In Florida, many drug cases begin when a confidential informant, or CI, provides information to the police about another person using, selling, trafficking or manufacturing illegal drugs. This often occurs after the confidential informant is arrested on his/her own charges and wants to make a deal with the police or…
You Have the Right to Remain Silent During Field Sobriety Tests During a DUI Stop
If you are stopped for a DUI (aka driving under the influence of alcohol or drugs, DWI or drunk driving) and the officer has detained you for a DUI investigation, arrested you or read the Miranda warnings to you, you have a right to remain silent and not answer questions.…