Tampa Criminal Attorney Discusses Custody May 04, 2011
When has a criminal defendant been taken into “custody”? This question can many times mean the difference between a criminal conviction or a dismissal.
When has a criminal defendant been taken into “custody”? This question can many times mean the difference between a criminal conviction or a dismissal.
The First District Court of Appeals upheld the validity of administrative searches as long as Airport Security follows certain procedures in conducting their search.
A recent client charged with Promotion of Sexual Performance by a Child, Uses of Computer Services or Devices to Solicit Certain Illegal Acts, and Seven Counts of Possession of Child Pornography was permitted to plead to a single charge of child abuse after lengthy negotiations with the State Attorney. Initially, his guidelines score sheet required him to serve over 53 months in Florida State Prison if he would have pled as charged.
Recently I posted a new article about extradition in Florida on a new site which focuses on warrants. I have reprinted an excerpt.
Witnesses give false testimony in court rooms more often than most people realize. However, it’s particularly tragic when the police do it. A new ruling from Florida's 4th DCA warns that more and more some lower court judges in Florida accept some questionable testimony from the police.
Anyone arrested in Tampa has the right to confront the accuser. It's part of our 6th amendment rights. A domestic violence case before the Supreme a couple of years ago raised some interesting questions about this right.
Governor Rick Scott has halted regulation of Florida pharmacies and Florida pain clinics also known as pill mills according to the Miami Herald. What does this mean for the people who have developed a substance abuse problem?
Yelling profanities at the police may be very stupid, but it does not constitute a crime.
Many DUI arrests in Tampa lead to probation for DUI offenders. However, those drivers will often fail to complete the terms of their Tampa probation. A new case from the 5th DCA defines the consequences for violating the terms of a DUI probation.
Even before this country existed, court decisions established commom law to protect a person’s home from potentially overbearing governments and their agents. A new Florida Supreme Court ruling upholds that tradition. Criminal attorneys in Tampa should be aware of how this ruling affects the conduct of the police.
Someone who intends to represent himself at a domestic violence injunction hearing should tread carefully into Tampa’s domestic violence court. We’ve outlined some important considerations for that person.
Prosecutors take an aggressive attitude towards anyone charged with a sex offense. Sometimes a Florida court and a state attorney become too aggressive. On February 20th of 2009, the 5th DCA found that a conviction of a juvenile for multiple sex offenses violated double jeopardy.
Ignorance isn’t a valid excuse for violating law. For some teenagers, that’s unfortunate. Ignorance of Florida’s sex offender laws could mean sex offender registration for those minors. Last year a ruling by Florida's 1st DCA showed how a law designed to protect sexually active teens has limits.
Often sexual battery, date rape, or rape involve a threat of violence. Depending on the nature of that threat, someone charged with this crime could receive a long prison sentence.
This is the time of year when parents might feel a great deal of pressure financially. Because of that pressure, domestic disputes are expected. It’s so common that movie after movie floods our theaters with families struggling with the ordeals of the holidays.
Who doesn’t have some blemish in their past? It’s why we delete embarrassing Facebook posts by our friends. Some Florida laws follow a similar rational, yet the issues are much more complicated.
Have you ever felt nervous when you passed a police officer? A police officer’s presence can have a profound effect on a person’s behavior. Now Florida's 1st DCA has ruled on police officer conduct which seeks to intimidate jurors.
In most respects, finger-pointing has a corrosive effect on all personal and professional relationships. No relationship can last long if one person consistently and unjustly blames the other person for something that never happened. What if the final accusation involved child abuse or battery?
Since the days when we swung from trees, bullies have existed. For protection, a smaller man or woman will sometimes pick up a weapon. Grabbing a weapon for protection can lead to an assault charge.
Peer to peer networking is the most popular system for delivering illegal content. Anyone who has downloaded music files or movies should be aware of that. Nevertheless, few know how easy it is for the police to obtain a warrant, search your home, and seize your computer.
May of 2009 the 3rd District Court of Appeals rendered a verdict on a domestic violence case. This case speaks to three issues which arise in many domestic violence cases: character evidence, self-defense, and juvenile defendants.
Minus v. State is a decision in a sexual battery case in West Palm Beach. This finding by the 4th DCA addresses the victim's prior relationship with the defendant; it could influence sexual assault charges in Tampa and other Florida jurisdictions.
Questioning a witness or a victim’s credibility is commonplace in a criminal trial. One should know, nonetheless, that criticizing a victim’s reputation in a sex offense is no simple matter.
This article, which is the next in our series about character evidence, explains why some evidence about a person’s reputation isn’t admissible. To explain this issue, we’ll draw from a sex offense case which the First DCA decided recently.
Misconduct by a jury or a member of a jury is one of the most tragic incidents in a criminal trial. For the public, a juror who reads a newspaper or who updates a Facebook page during a trial may seem like a small transgression. Allegations against a juror in the Kendrick Morris case, a man convicted of a sexual battery in Tampa, show how serious juror misconduct can be.
Public transportation in Tampa has been in the news recently. Creative Loafing featured an article on light rail in Tampa. WUSF’s program Florida Matters also had an hour long program on light rail's pros and cons. Nobody has mentioned how a light rail system could lower the DUI rate in Tampa.
This article is the second in our series about character evidence in a criminal case. In this article, we describe the admissibility of a character trait like prior violent acts by the victim or the defendant.
Many people charged with a serious crime feel passionately that their criminal attorney needs to make the court or the jury aware of all the good acts they have accomplished during their life. It’s a natural but self-destructive impulse.
Could a new method to cut the cost of the prison system come to Florida? We explain why it should come to Tampa and the rest of Florida.
Unlike CSI depictions of crime scenes, many police investigations hinge on informants. These informants come in a few different varieties.
For the last few days, blogs and tweeter posts have been regurgitating opinions and speculations about the actions of the Florida Gator football player Chris Rainey and his aggravated stalking charge.
Few people would be shocked to know that individuals and organizations use Facebook to uncover personal information about its subscribers. Some maybe shocked by a story about how law enforcement officials use it.
No professional wants to be second guessed—be that person a doctor, a teacher, or a lawyer. In the professional world, however, patients, students, and clients must have a second opinion from time to time. Sometimes their lives depend on it.
To date we've covered two crucial junctures in the process of a domestic violence charge: the arrest and the ensuing bond hearing. Now we come to the judge who resolves the criminal charge itself.
We can not overstate the impact a Fort Lauderdale case will have for many juvenile defendants in that area, Tampa Bay, and across the state. In fact, this decision has implications from which many Tampa residents and criminal attorneys can learn.
Our first article in this domestic violence series explained how the police investigation and arrest can affect the defendant's court appearances. This article elaborates on the next stage of the process: the bond hearing.
Anyone charged with domestic violence will pass through the legal system differently than other criminal defendants. This is the first part in an on-going series of domestic violence articles. Learn how the arrest affects subsequent court appearances.
Stalking is one of the more common domestic violence charges. A ruling from Florida’s 2nd District Court of Appeals explains how domestic injunctions can lead to an aggravated stalking charge.
Sometimes someone's bad decisions are the best lesson for making good ones. A domestic violence case which our office handled in Plant City reveals the truth of this axiom.
Possession of Child Pornography is a topic that is so disturbing that few criminal attorneys will even defend someone suspected of this crime. What society regards as its most disturbing crimes and most dangerous criminals often have implications which reach beyond a particular case. A court ruling in Tampa shows what the consequences are.
DNA evidence has irrevocably changed how our criminal courts work. This type of physical evidence has freed people from years of unjust incarceration. It locates and convicts suspects with an accuracy that makes even a confession redundant, but DNA evidence isn't always bulletproof.
On June 18, 2010 Florida’s 2nd District Court Of Appeals filed an opinion on a DUI case which could affect anyone charged with a Tampa DUI.
It is not uncommon for tampa law enforcement to pursue sexual allegations many years after they were allegedly committed.
At the beginning of the year, the US Supreme Court ruled on a criminal case in Tampa. That ruling has repercussions which will be felt by anyone whom the police suspect of a criminal offense.
DNA evidence can be the single most important part of any criminal defense or criminal prosecution. A sexual battery case in Tampa illustrates how a possible improper police investigation may compromise that evidence.