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,…
Florida law allows a person to seal or expunge a criminal case under certain, limited circumstances. This is a great option for people who are eligible as a criminal record of any kind can be a serious detriment to future job prospects. For an expunction, a person is eligible if…
In Florida, we have a wiretap law that, with some exceptions, prohibits people in Florida from intentionally recording verbal, wire or electronic communications unless all of the parties to the communication consent to the recording. If a party does record a communication in violation of this Florida wiretap law, the…
Over the last several years, there has been a lot of litigation over whether, how and to what extend the police and prosecutors can access a person’s cell phone data. As everyone is aware, cell phones can contain a wealth of information about a person, his/her activities and the people…
With the proliferation of social media, the state has an extra tool it can use to obtain evidence and prove cases in court. At this point, people should understand that posting information on the internet, whether pictures, conversations, documents, etc., does not come with a reasonable expectation of privacy. The…
In most DUI (driving under the influence of alcohol or drugs) cases in Florida, the police arrest a person they believe is driving while impaired. That DUI suspect is taken to the jail and booked. Only after the suspect is taken to the jail do the police ask the suspect…
One of the most misunderstood issues in criminal law is hearsay. People often confuse he said/she said evidence with hearsay. Many people believe that the State cannot prosecute a person based on he said/she said evidence. This article seeks to clear up any misunderstandings regarding what hearsay is and…
In Florida and other states, DNA can be a useful tool for the police and the prosecutors to use to determine who committed a crime. It is not used nearly as often as one might expect from watching TV shows, but it certainly does come in to play in some…
In a recent DUI case in Massachusetts, the state sought to prove that the defendant was impaired from marijuana while driving, thereby rendering him guilty of driving under the influence under that state’s DUI laws. At the trial, the prosecutor had the arresting police officer testify that based on his…
In Florida, we have a law commonly known as the accident report privilege. In all crashes that involve an injury or significant property damage, the police officer responding to the crash must prepare a crash report that documents information about the crash and the people involved. When a person is…