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Felony vs. Misdemeanor Charges in West Palm Beach, FL: What's the Difference?

Imagine receiving a call that a family member has been arrested in West Palm Beach. Knowing the difference between a felony and a misdemeanor — and how each can affect your loved one's future — matters.

What Are the Possible Penalties for Aggravated Battery in West Palm Beach, FL?

You got into something that's now bigger than you expected, and now you’re facing an aggravated battery charge. You're not panicking, but you're not…

How Long Can You Go to Jail for Assault in West Palm Beach, Florida?

One moment you're in the middle of a confrontation. The next, you're under arrest, and suddenly you're staring down criminal charges you never saw coming. If you're…

Defense Strategies for Sexual Assault Charges in West Palm Beach, Florida

Facing a sexual assault charge in West Palm Beach puts you in one of the most difficult positions a person can be in. You may be dealing with confusion, fear, and…

How Long Does a Felony Charge Stay on Your Record in West Palm Beach, Florida?

“ How long does a felony charge stay on your record ?” You're probably asking this question because something already happened. Maybe you were arrested. Maybe…

Burglary vs. Robbery in West Palm Beach, Florida: What Are the Differences?

If you or a family member is facing criminal charges in West Palm Beach, FL, the wording of the charge matters more than you might realize. Being accused of…

How to Prepare for a DUI Court Hearing in West Palm Beach, Florida

If your DUI court date is approaching in West Palm Beach, you may be trying to sort through what the next few weeks look like, even if you’ve already hired a…

What Are the Penalties for Assaulting a Police Officer in West Palm Beach, FL?

When an argument with a police officer turns into an arrest, it can happen before you fully process what is going on. You may have been trying to explain yourself,…

How to Beat a DUI Charge in West Palm Beach, Florida

A DUI charge in West Palm Beach often starts with an unexpected traffic stop that turns into something far more serious than you anticipated. In the hours after the…

Understanding the Open Container Law in FL

You and your spouse finish dinner at a local Florida restaurant, sharing a quiet meal and a glass of wine. When the server offers to re-cork the remaining wine so…

Can a Breathalyzer Detect Weed in West Palm Beach, Florida?

You’re driving through West Palm Beach when blue lights flash in your rearview mirror. Maybe you rolled through a stop sign, had a taillight out, or swerved…

Can You Get Bail Money Back in West Palm Beach, Florida?

It’s the middle of the night in West Palm Beach. Your phone rings, and the last thing you expect to hear is that your loved one has been arrested. At the jail,…

Is Your License Suspended Immediately After a DUI in West Palm Beach, Florida?

You knew you shouldn’t have driven that night. But now the flashing lights are behind you, and everything is moving fast. You’ve been arrested for driving under the…

What Does Nolle Prosequi Mean and How Will It Affect Your Criminal Case in Florida?

When you’re caught up in the criminal justice system in Florida, every court date, police report, and legal term can feel overwhelming. If you’ve been facing…

How Long Does a Warrant Last in Florida?

Maybe you found out during a background check. Maybe an officer showed up at your door. However you learned about it, seeing that there’s a warrant out in your name…

What Is the Penalty for 3rd Degree Felony in West Palm Beach, FL?

You may not have seen it coming. Maybe it started with a misunderstanding, a heated moment, or a routine traffic stop that turned into something much bigger. Now…

What Are the Possible Defenses for Assault and Battery Charges in Florida?

Facing assault and battery charges in Florida can turn your life upside down. You may have been in a heated moment, trying to protect yourself or someone else, and…

What Is a Sodomy Charge in Florida?

Many people assume sodomy is still a criminal offense in Florida, but the law surrounding this issue is more complicated than it may seem. What is a sodomy charge…

What Are the Consequences of Probation Violation in Florida?

Probation is a second chance—an opportunity to remain in the community under supervision instead of serving time in jail or prison. But what happens if something…

The Most Common Florida Traffic Violations

Do you pride yourself on being a careful driver, but now you’re facing a traffic violation you believe is unfair? The frustration of being charged—especially when…

What Is Double Jeopardy in Florida?

If you’ve seen the 1999 movie Double Jeopardy , you might remember Ashley Judd’s character believing she could kill her husband without facing legal consequences…

What You Need to Know About the Stand Your Ground Law in the State of Florida

You’re walking to your car late at night, and suddenly, a stranger steps into your path. In that moment, your heart races as you instinctively wonder how to…

5 Lesser-Known White Collar Crime Cases That Shocked the Business World

When you think of white collar crime, infamous names like Enron and Bernie Madoff’s Ponzi scheme might come to mind. But beyond these headline-grabbing cases, there…

What Is Reasonable Articulable Suspicion in Florida?

You're driving home late one night after a long shift at work. Suddenly, blue lights flash in your rearview mirror. Your heart races as you pull over, wondering why…

The Worst Consequences for a First-Time Offender for Drug Possession in Florida

Are you facing a first-time drug possession charge in Florida? The Sunshine State's strict drug laws can cast a dark shadow over your future. Even as a first-time…

Can Charges for Domestic Violence Be Dropped in Florida?

Have you ever had an argument with a loved one that spiraled out of control? Unfortunately, for some, these moments can lead to charges for domestic violence .…

What Are Good Reasons for Early Termination of Probation in Florida?

If you are currently on probation in Florida and have been complying with all the terms and conditions set forth by the court, you may be eligible for early…

What Does Released on Own Recognizance (ROR) Mean in Florida?

An arrest in Florida, regardless of the circumstances, can be a stressful and confusing experience. Suddenly facing the legal system, you may be unsure of your…

What Crimes Are Considered Deportable Offenses in Florida?

Carlo, an immigrant who had built a life in South Florida, raising a family and contributing to his community, saw his stability threatened by a criminal charge.…

What Will Happen if You are Resisting Arrest Without Violence in Florida?

Imagine yourself in a situation where law enforcement officers are attempting to arrest you. While you haven't physically resisted them, you might hesitate to…

What Rights Do You Have When You Are on Probation in Florida?

Probation in Florida may initially seem like a welcome alternative to incarceration, offering what appears to be a more lenient form of oversight. However, it's…

How Long Can You Be Detained by Police Officers in Florida?

Ever gotten pulled over and felt like your "quick chat" with a police officer stretched into an eternity? You're not alone. Thousands of Floridians experience legal…

How to Prove Innocence When Falsely Accused in Florida: 5 Effective Strategies

Imagine facing the nightmare of being falsely accused of a crime you didn't commit. Your world is shattered, your reputation tarnished, and your future hangs in the…

5 Alternatives to Jail Time in Florida

Jail time can be a challenging experience, even for those in the limelight. Take, for instance, Tiger Woods . After a DUI arrest, rather than facing the inside of a…

Will I Face Charges for Driving with a Suspended License in Florida?

You might think driving with a suspended license in Florida isn't a big deal—until a faulty tail light or minor traffic violation brings it all crashing down. Just…

Understanding the Possible Penalties for a Federal Conspiracy Charge

With recent headlines buzzing about high-profile conspiracy cases, you've probably found yourself weaving through tales of intrigue, clandestine meetings, and…

What Is the Difference Between Detained and Arrested in Florida?

Have you ever wondered about your rights if you're stopped by law enforcement in Florida? The difference between being detained and arrested can sometimes feel like…

Florida’s New Permitless Concealed Carry Law: What You Need to Know

In an important move for gun rights advocates and critics alike, Florida Governor Ron DeSantis has recently signed House Bill 543 into law, which became effective…

How a DUI Conviction Can Affect Your Ability to Obtain a Florida Hardship License

We've all heard the phrase, “Don't drink and drive,” but it still bears repeating, especially considering the vibrant nightlife and many restaurants lining…

What Crimes Can Be Expunged in Florida?

Imagine waking up each morning with the weight of a past mistake hanging over your head. You've paid your dues and turned your life around, but your criminal record…

Can You Refuse a Field Sobriety Test in Florida?

Imagine driving down a Florida highway, feeling confident and relaxed behind the wheel, when suddenly you see flashing red and blue lights in your rear-view mirror.…

Bail and Bond Services: How Does Bail Work in Florida?

Mary had been looking forward to her night out with her friends for weeks. The evening started off great, with everyone laughing and catching up on old times. After…

Charged with Possession of a Controlled Substance? A Palm Beach County Drug Charge Defense Attorney Answers FAQs

You're reading this article because you've been charged with possession of a controlled substance and are concerned about the consequences. Though there is reason…

Florida Arson Penalties

If you face an arson charge in Florida, you have reason for concern. Because arson is considered a serious crime, the consequences if convicted of such an offense…

Economic, Theft & Property Crimes in Florida: What Is Petit Theft?

With rising inflation and the increased costs of paying for necessities, it can be easy to justify shoplifting or leaving a restaurant without paying for a meal.…

Is Illegal Possession of a Firearm in Florida a Federal Offense?

Are you tempted to obtain a firearm to protect your family and property even though you have a criminal conviction in your past? Everyone knows that crime is…

Have You Been Accused of Sexual Assault in Florida?

Being accused of sexual assault is a serious matter. If you face sexual assault charges in Florida, taking the accusations seriously and taking steps to protect…

Have You Been Arrested for Domestic Battery in Florida? An Experienced Criminal Defense Attorney Shares 7 Things You Need to Know

Domestic battery is a serious offense under Florida criminal law. Persons convicted of domestic battery may face incarceration, a tarnished reputation, significant…

How Social Media Can Harm Your South Florida Criminal Defense Case

If you've been charged with a crime, you probably know that you must be careful about who you interact with and how you behave leading up to your trial. Still, many…

An Experienced Florida Criminal Defense Attorney Explains the Difference Between Federal Crimes and State Crimes

What makes federal and state crimes different? Not many Americans know the answer to this question, but knowing the difference is vital if you face criminal…

An Experienced West Palm Beach Criminal Lawyer Answers the Most Common Questions About Cybercrime

West Palm Beach, Florida criminal lawyer answers the most common questions about cybercrime. Call (561) 832-4348 to schedule a meeting with attorney Ron Chapman.

Have You Been Accused of Domestic Violence in Florida?

If you’ve been accused of domestic violence in Florida, you’re facing a high-stakes legal battle. If you’re convicted in a criminal trial, a domestic violence…

I, The Juror

Dealing with Drug Trafficking Charges in Florida? What You Need to Know

Drug trafficking may bring to mind international drug cartels. However, drug trafficking within the U.S. carries serious legal consequences that differ from state…

Understanding Florida’s DUI Laws

Police officers have heard every excuse in the book when they catch someone in the act of drunk driving, also known as driving under the influence. Justifications…

7 Qualities to Look For in a Florida Criminal Defense Lawyer

If you find yourself seeking the services of a criminal defense lawyer in Florida, you might be overwhelmed by the sheer number of choices. Every criminal law firm…

Burglary and Property Crimes in the State of Florida

Definition of Burglary The definition of burglary of a dwelling. Structure or conveyance is contained in Section 810.02, Florida Statutes. Under the law, a burglary…

The Bail Bonding Process in Florida

Being arrested is strenuous, and the last thing anyone wants is to sit in jail awaiting a trial. Florida has a cash bail system in place, which means you may be…

Understanding Florida’s Asset Forfeiture Law and Criminal Cases

Suppose a person possesses property tied to illegal activity, such as property to commit crimes or vehicles to transport narcotics or stolen goods? In that case,…

Florida Assault and Battery Laws

Assault and battery are two separate crimes in Florida. You can be charged with either or both. An assault is when violence is threatened and puts the victim in…

Why You Need an Experienced Defense Attorney if You Are Charged With Animal Cruelty

If you abuse or neglect an animal in Florida, you can be charged with a crime. Cruelty to animals is illegal in Florida. Neglect includes abandonment and locking up…

Aggravated Battery and Florida Law

What is an Aggravated Battery Charge? In Florida, Aggravated Battery is the intentional touching of another person with the intent to inflict great bodily harm or…

Probation Violations in Florida

Florida Statute 948.06 states that a violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of…

Vehicular Homicide and Florida Law

Vehicular Homicide and Florida Law Negligent driving is far different than criminal driving in the eyes of the law. Careless driving subjects a person to civil…

Florida’s Trespassing Laws

Aggressive Representation for Your Trespassing Charge It is a criminal offense to enter or remain on another person's property without permission, under Florida law…

Routine Traffic Stops, Your Rights, and Florida Law

Routine traffic stops are sometimes necessary as law enforcement officials keep our roads safe. They pull over drivers who do not comply with the road. Law…

The 411 on Florida’s Traffic Laws and Highway Safety

The 411 on Florida’s Traffic Laws and Highway Safety A theft conviction can have serious consequences. Prison times, fines, and a criminal record are some of the…

Florida’s Laws on Petit Theft, Grand Theft, and Shoplifting

Theft A theft conviction can have serious consequences. Prison times, fines, and a criminal record are some of the consequences. Read to learn more about Florida’s…

What Are Florida’s Stalking Laws? - Stalkers Beware

Stalking is a criminal offense in every state and a serious offense in Florida. Stalking involves invading another’s privacy and instilling fear in them. Those…

Sex Offenders and Internet Sex Crimes in the State of Florida

Finding effective ways to protect children from sex offenders is no easy task. Sexual crimes come with harsh sentencing and penalties. Ronald Chapman is a criminal…

The Florida Sex Offender Registry and How to Avoid It

Sex Offender Registry Being convicted with a sex crime can have lasting effects. Certain convictions can force you to register as a sex offender for the rest of…

Florida’s Sentencing Guidelines for Misdemeanors and Felonies

Crimes have been committed for as long as Florida has been a state. The judicial discretion in sentencing had wide boundaries and sentences for similar crimes…

Know What Florida’s Stand Your Ground Law and Self-Defense Mean

Florida Statute 776.012 (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person…

Florida Search Warrants - Understanding Your Rights

Search Warrants A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location,…

What is a Legal Search and Seizure in the State of Florida?

Searches Individuals are protected and are guaranteed a reasonable expectation of privacy under Florida and Federal law. Law enforcement must obtain a search…

What You Should Know About Record Sealing and Expungement in Florida

What is Record Sealing? Record sealing is the practice of sealing or, in some cases, destroying court records that would otherwise be publicly accessible as public…

What Every Citizen Needs to Know About Traffic Stops

Routine traffic stops are more common than you think. Drivers should understand some things that can help them eliminate contact with law enforcement, so they are…

Were You Arrested for Robbery in South Florida? Ronald Chapman Can Help You Escape Your Robbery Charges!

Robbery According to Florida Statute 812, Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of…

The Racketeering Influenced and Corrupt Organizations Act aka RICO

The RICO Act The RICO act is a federal law designed to combat organized crime was passed in 1970. This law allows for civil penalties for racketeering activity,…

Restraining Orders and Domestic Violence Injunctions in Florida

Restraining Orders Restraining orders are also known as domestic violence injunctions, with dozens being filed in all Florida counties each day. Domestic violence…

Resisting Arrest and Florida Law - Can I Face Charges for Resisting Arrest?

Arrest It is essential to know your rights if you are ever in the situation of being arrested. Police are allowed to use reasonable force when making an arrest.…

The Function and Responsibilities of State Attorneys and Prosecutors

Prosecutors Prosecutors are lawyers who represent the government and are responsible for presenting a case in a criminal trial against an individual that they think…

Myths, Rules, and How to Avoid a Violation of Your Probation

Probation Not all people convicted of crimes are sent to jail. Many times, people who have been convicted of a crime, but have a clean record, can be sentenced to…

Everything You Need to Know About the Pretrial Intervention Program

What is a Pretrial Intervention? Pretrial intervention is a program run by your State Attorney’s Office. The state will consider sending minor, non-violent cases to…

Should You Consent to a Search of Your Car by Florida Police Officers?

Police Searches Have you ever been pulled over by a police officer? It can be an intimidating scenario. Imagine the officer explaining that you have been pulled…

Everything You Need to Know About Police Interrogations in Florida

Police Interrogations Interrogation is one tactic law enforcement uses to obtain confessions from people they suspect have committed a crime. Police will question…

Mistaken Eyewitness Identification is Common - Ways to Prevent It

Mistaken Eyewitness Identification Did you know that over 75% of cases overturned through DNA testing involved eyewitness error? Mistaken eyewitness identifications…

What You Need to Know About Kidnapping and Florida Law

Kidnapping Kidnapping is a serious crime in any state. According to Florida Statute 787.01 , kidnapping is defined as using force to imprison, abduct, or confine…

The American Judicial System and Jury Selection

America’s Judicial System The American Judicial System is a federal system with individual governments in each of the fifty states and the federal government at the…

Florida’s Immigration Laws on Immigration Status

Immigration Immigration is big news currently and it is important to be aware of the relationship and tensions between state and federal law when it comes to…

Homicide: First and Second Degree Murder and Florida Law

Homicide Homicide is the unlawful killing of another human being. Under Florida state laws, there are several degrees of murder and manslaughter. The type of murder…

A Complete Guide to Florida’s Gun Laws and Gun Charges

Firearm Laws in Florida Almost two million people have a gun license in the state of Florida with 36 other states recognizing this license. Firearm laws operate at…

Understanding Florida’s Search and Seizure Law

Search and Seizure The Fourth Amendment to the United States of America states that Americans are constitutionally protected from unreasonable searches and seizures…

False Imprisonment - Unlawful Confinement

Elements of Constraint Imagine being detained against your will? Sounds traumatic, doesn’t it? In the majority of unlawful detentions, the victim received threats…

What Legal Actions Can You Take If You Are a Victim of False Accusations or Prosecuted For a Crime You Did Not Commit?

False Accusations: False accusations are statements made by another party that damages the reputation, integrity, or character of the targeted person. Any statement…

Admissible Evidence: The Rules About Which Types are Admissible in Court

Evidence Evidence is facts and information gathered to indicate that a belief is true. In legal terms, admissible evidence presented is crucial and admitted into…

The Issues and Penalties of Eluding Law Enforcement

Eluding Law Enforcement We have all seen car chases on TV - we watch in suspense as we wonder if the driver will get away or if the cops will catch up and arrest…

Drug Possession or Intent to Sell: Florida's Drug Laws

Florida Statute Section 893.13 A person may not sell, manufacture, deliver or possess with the intent to sell a controlled substance . To be charged with drug…

Routine Traffic Stops; Do I Have to Show My ID? What You Need to Know About Routine Traffic Stops.

What are Your Rights and Responsibilities During Routine Traffic Stops? It is common knowledge that Florida law requires all drivers in the state to have a valid…

The 5th Amendment; The Double Jeopardy Clause and How it Works

What is Double Jeopardy? Double Jeopardy shares its name with a game show, but, it is no game. The term double jeopardy has been around since 1905. Double jeopardy…

Florida’s Domestic Violence Laws

What is Domestic Violence? Florida Statute 741.28(2) defines domestic violence as, "Any assault, aggravated assault, battery, aggravated battery, sexual assault,…

What is Culpable Negligence and What Are Its Penalties in Accordance With Florida Law?

Culpable Negligence Negligence happens every day in Florida as a result of another person failing to fix, clean or care for something that may cause injury to…

Conspiracy as it Pertains to Florida Law

Conspiracy as it Pertains to Florida Law Florida Law Under Florida law, conspiracy is defined as an agreement by two or more persons to commit a criminal offense,…

Confessions: Are They Always Admissible in Court or Can They Be Thrown Out?

Confession Defined: Confessions are out-of-court statements made by a suspect in which he or she voluntarily, knowingly and intelligently acknowledges that he or…

Child Abuse and How Ronald S. Chapman Can Help

Child Abuse and How Ronald S. Chapman Can Help What Constitutes a Child Abuse Charge? Child abuse is defined as a willful or threatened act resulting in physical,…

Burglary, Florida Law and How Ron Chapman Can Help

Burglary Burglary, Florida Laws. Burglary is when a person enters or remains in a dwelling or structure with the intent to commit a criminal offense inside or…

Bailing and Bonding and How Ron Chapman Can Help

Bailing and Bonding What should you know and expect about bonding and bailing if you or a loved one is arrested? Some criminal defendants are bailed out and some…

Asset Forfeiture and How Ron Chapman Can Help You

Asset Forfeiture Asset forfeiture is a confiscation of assets by the state. It can be civil or criminal. It typically applies to alleged proceeds of crime. Asset…

Animal Abuse and Florida Law

Animal Abuse and Florida Law Cruelty to animals, also called animal abuse or animal neglect, is both the unintentional ( animal neglect ) and the intentional…

Aggravated Battery

Aggravated Battery In Florida, Aggravated Battery is the intentional touching of another person with the intent to inflict great bodily harm or to use a deadly…

The Death Penalty and Florida Law

The Death Penalty and Florida Law Florida is known as the sunshine state, so when one hears the word Florida, they think sun, sand and Disney World. Therefore, many…

Florida's Kidnapping Laws

Kidnapping Laws First and foremost, it is a serious felony to kidnap another person. The term "kidnapping" is defined under Florida's statute 787.01 as using force,…

Probation and Violations

Probation and Violations Probation, which is the release of an offender from detention and subject to a period of good behavior under supervision. In addition, the…

Are Police Allowed to Search Your Computer or Cell Phone?

Are the Police Allowed to Search Your Computer or Cell Phone Without a Warrant? Can police search your cell phone or computer? Since your computer and cell phone…

Is it Legal for Police to Draw Blood in the Event of a DUI?

Is it Legal for Police to Draw Blood to Test for A lcohol if Driving Under the Influence is Suspected? It is important to know your rights and understand what you…

Man Released from Prison After 25 Years

NBC News reported the following story about a Philadelphia man who was found not guilty by a jury after spending 25 years in prison for rape and murder. A…

Arizona Sheriff Could Be Facing Criminal Charges

It isn’t often that you see a federal judge asking a federal prosecutor to file criminal charges against a sitting sheriff, but according to the following CNN…

Which is more dangerous? A Krispy Kreme Doughnut or Methamphetamine?

Sometimes drug evidence listed by local authorities as methamphetamine can turn out to be something else. This recent story from the Orlando Sentinel describes how…

Florida Paramedics Facing Criminal Charges for Taking Selfies with Unconscious Patients

The following article from the Washington Post is about two paramedics in Florida who are facing criminal charges after taking selfies with unconscious patients. To…

Drug Kits Used By Police Can Sometimes Send Innocent People to Jail

I once represented a client who was arrested and formally charged with trafficking in heroin . However, when that so-called heroin was sent to the lab at the Palm…

Woman Posts a Video of her Fiancé Dying Just Moments After He Was Shot by a Police Officer

CNN posted the following shocking story about a woman in Minnesota actually narrating her fiancé’s death on Facebook from her cell phone just moments after he was…

Married TV Reporters Charged with Child Abuse After Cocaine Found in Their 4-Month-Old's System

Yahoo.com News recently reported the following bizarre story . Two former local TV personalities have been indicted in Arizona for child abuse after their…

Ron Chapman in the News | West Palm Beach Defense Attorney

With all the news circulating around the most deadly mass shooting in modern U.S. history, a lot of questions and issues have been raised about how the FBI…

Be Careful What You Say on Facebook - Especially If You’re a Prosecutor

If you're a prosecutor on Facebook, some posts may have consequences. CNN recently reported the following story about a Florida prosecutor who made statements on…

An Innocent Man Arrested Based On DNA Evidence

People tend to think that DNA evidence is infallible. There is no doubt that DNA is very powerful evidence that has helped to convict many and free others. But as…

A Free Market May Kill the Death Penalty in Florida

The death penalty has been a long contested issue in Florida. Now with the new restrictions on the ability to buy lethal drugs, how will the correctional…

Feds Drop Charges After Video Shows Police Officers Lied

The San Francisco Examiner recently published the following story which shows just how important it is that police officers be required to wear body cameras. About…

Officers Charged in San Francisco Beating Caught on Tape

Earlier this week, CNN reported the following story about two San Francisco deputies who have been charged criminally for beating a suspect. That beating was caught…

Traffic Stop | How Long Can the Police Hold You?

During a West Palm Beach traffic stop you may stopped for what seems like a long time to you. The West Palm Beach Police or Sheriff’s office may require that you…

Can the Police Search You and Your Car If They Smell Marijuana?

If you are accused of committing a drug-related crime , it is critical you have an experienced criminal defense attorney to handle your case. Knowing your rights…

Are the Police Allowed to Draw Blood in a DUI Accident Case?

If you are stopped for driving under the influence, make sure you hire an experienced DUI attorney to handle your case. You have rights and it is important to make…

Who Can the Police Detain in a Traffic Stop?

Can the police detain a car passenger even if that’s not the reason they were pulled over? Several Florida courts have said that the police are not allowed to…

Who Can the Police Detain in a Traffic Stop?

Can the police detain a car passenger even if that’s not the reason they were pulled over? Several Florida courts have said that the police are not allowed to…

Be Careful Who You Send Text Messages To

It’s important to be careful who you are sending text messages to. Even if they are deleted, there is still a chance those messages could be recovered. Consider the…

What is the Best Evidence Rule?

How Can the “Best Evidence Rule” Help You in Your Case? If you have a court case in West Palm Beach, it’s important to know of the best evidence rule and how it can…

It's Important Your Lawyer Thoroughly Investigates Your Case

If you have been charged with a crime in West Palm Beach, it is not enough to simply hire a lawyer to represent you when you go to court. Your lawyer has to…

Be Careful What You Say to a Judge

If you have to make a court appearance in West Palm Beach, it is important to know how to act when you’re in the courtroom and what’s appropriate to say. Florida…

Woman Charged With DUI | Check Out This Story

Never Drive With A Tree Lodged In Your Front Grille If a police officer stops you while you are driving and she does not have a legal reason to do so, your case may…

New Case Determines Who Is or Is Not a Convicted Felon

In West Palm Beach, if you are arrested and go to trial there is a possibility that without the right defense you could be convicted of a felon. It’s important to…

FBI Threatens the Security of Your Smartphone

Your Smartphone May be Less Secure if the FBI Gets Its Way A federal judge in California has ordered Apple to increase its efforts to help the FBI search the locked…

Can the Police Listen to my Phone Calls While I’m in Jail?

If you have been incarcerated, you may be wondering how private your phone calls are. Be careful when talking on the phone if you are in jail. You don’t know who…

Be Careful When Pleading Guilty to a Drug Crime

When someone is charged in Palm Beach County with committing a drug-related crime such as possession of marijuana or possession of cocaine, he or she is given a…

What Are My Rights at Airports and Borders?

Are you traveling from Florida anytime soon? Will you be at the Palm Beach International Airport ? Do you know what your rights are? It’s important to know your…

When Are My Rights If I Am Not a U.S. Citizen?

The American Civil Liberties Union provided the following information about this topic: Non-citizens are persons who do not have U.S. citizenship , including lawful…

When Can the Police Search My Home or Office? | West Palm Beach | Criminal Defense Attorney

When it comes to police home or office searches in Florida , a lot of people have questions and concerns regarding the legality of the searches and what their…

What Are My Rights If I Am Stopped Or Arrested By a Police Officer?

When you are stopped by a Florida police officer , you may have many questions regarding your rights during the police interaction. Whether it is a traffic stop or…

Do You Have to Answer a Police Officer’s Questions?

In the event that you are dealing with a Florida police officer, it is a common question, do you have to answer all of their questions? Depends on a number of…

Can the Police Search Your Car Without a Warrant in Florida?

During traffic stops in Florida, it is sometimes the case that police officers will request to search your vehicle. Or perhaps if some crime was committed, FL…

Know Your Rights When It Comes to Police Roadblocks and Video Recordings

The law in Florida is that when a police officer, after conducting a valid roadblock stop, develops reasonable suspicion that a driver has committed or is…

Huffington Post Article About Colorado Shooter Analysis

The Huffington Post published the following article about the man who was arrested for the Planned Parenthood killing spree in Colorado Springs this past Friday: A…

StingRays and Search Warrants

The following article appeared in Vice News on August 25, 2015: "Law enforcement's secretive and often-times warrantless use of the cellphone tracking device known…

Asset Forfeiture Laws

The following article appeared on the website fourthamendment.com on May 12, 2015: Joseph Rivers was hoping to hit it big. According to the Albuquerque Journal ,…

Blood Draw Ruled Legal in DUI Manslaughter Case

In the case of the State of Florida versus Kleiber , the court ruled that wiping a DUI manslaughter suspect’s arm with a dry gauze before drawing blood does not…

Evidence Suppressed Where Police Entered Home Without a Search Warrant

In the federal case of United States v. Harris, police officers entered the accused person's home without a search warrant in order to look for another person.…

Judge Erred by Not Giving Acceptance of Responsibility

In the federal case of the United States of America versus Javado Barner , the Eleventh Circuit Court of Appeals ruled that the trial judge erred when he denied Mr.…

Double Jeopardy and Possession of Firearms by a Convicted Felon

In the case of Bryan Greenlee versus the State of Florida , Mr. Greenlee was convicted of four counts of possession of a firearm by a convicted felon . The court of…

Juvenile Incorrectly Ordered to Register as a Sex Offender

In the case of M.B. (a child) versus the State of Florida , the judge mistakenly ordered a 14-year-old to register as a sex offender after he found that the…

Satellite-Based Monitoring is a Fourth Amendment Search Says U.S. Supreme Court

In the case of Torrey Grady versus North Carolina , Mr. Grady was convicted in North Carolina of a sexual offense in 1997 and of taking indecent liberties with a…

DUI Stop Illegal

In the case of Pedro Dominguez versus the State of Florida , a police officer went to a domestic disturbance call, saw Dominguez driving his vehicle away from the…

Person Wrongfully Convicted of Trying to Obtain a Florida ID Card Using a False Name

In the case of Keith Rancifer v. the State of Florida , Mr. Rancifer was convicted of trying to obtain a Florida identification card using a false name. However,…

West Palm Beach Judge May Soon Throw Out Red Light Tickets

Last month I published an article about a recent case in which an appeals court ruled that it is illegal for a private company to issue traffic tickets to people…

How the Police Are Able to Take Millions of Dollars From People Who Are Not Charged With Crimes

The following article was published last month in the Washington Post. The article was written by John Yoder, director of the U.S. Justice Department’s Asset…

Prosecutors and the Criminal-Justice System

People who are not familiar with the criminal-justice system often tend to believe that the most powerful person in the courtroom is the judge. But that is not…

Private Companies Cannot Issue Traffic Tickets for Running a Red Light

In the case of the City of Hollywood versus Eric Arem , an appeals court ruled that it is illegal for a private company to issue traffic tickets to people for…

Private Companies Cannot Issue Traffic Tickets for Running a Red Light

In the case of the City of Hollywood versus Eric Arem , an appeals court ruled that it is illegal for a private company to issue traffic tickets to people for…

Vehicular Homicide and Reckless Driving

In order to be guilty of the crime of vehicular homicide , a person has to be driving a car or some other type of motor vehicle in such a reckless manner that it is…

Possession of Photographs Depicting Sexual Conduct by a Child

In the case of Stephen Chesser versus the State of Florida , Mr. Chesser was charged with nine counts of possession of photographs depicting sexual conduct by a…

Mother's Convictions for Culpable Negligence Overturned on Appeal

In the case of Jennifer Kish versus the State of Florida , Ms. Kish was convicted of the crime of culpable negligence for allowing her three children--ages 10, 8,…

Mother's Convictions for Culpable Negligence Overturned on Appeal

In the case of Jennifer Kish versus the State of Florida , Ms. Kish was convicted of the crime of culpable negligence for allowing her three children--ages 10, 8,…

How to Avoid Mandatory Minimum Penalties in Federal Court

A "mandatory minimum penalty" refers to a federal law that requires a judge to sentence a person convicted of that law to a specified minimum term of imprisonment…

Aggravated Assault and Cars

In order to prove the crime of aggravated assault , a prosecutor in Florida has to show that the person accused of committing that crime had a specific intent to do…

Aggravated Battery With a Deadly Weapon and Cars

In Florida, you can commit the crime of aggravated battery with a deadly weapon if you use your car to hit someone else's car when they are inside it. For example,…

82-Year-Old Man Not Guilty of Animal Cruelty

In the case of Hume Hamilton versus the State of Florida , Mr. Hamiton was an 82-year-old man who was out walking his dog on a leash when a cat got too close to the…

Drug Convictions Overturned Where Drugs Were Found in Girlfriend's Home

In the case of Thomas Smith versus the State of Florida , Mr. Smith was convicted of possession of methamphetamine and possession of chemicals used to make…

When is Evidence About Guns Not Allowed at Trial?

In the case of Dwight Parker versus the State of Florida , a police officer made a routine traffic stop of Mr. Parker's car after which he found a gun and some…

When Can a Prosecutor Not Subpoena Your Medical Records in a DUI Manslaughter Case?

In the case of Juan Guardado versus the State of Florida , Mr. Guardado was involved in a three-vehicle crash. Two of the passengers in Guardado's car were killed.…

Retroactive Federal Drug Sentence Reductions

Last week, the United States Sentencing Commission voted to retroactively cut federal prison sentences for drug crimes. The Commission voted to retroactively…

The Police Need a Search Warrant to Obtain Information About the Location of Your Cell Phone

In the case of the United States versus Quartavious Davis , Mr. Davis was convicted of several armed robberies that occurred at different times and in several…

The Police Need a Warrant to Search Your Cell Phone

In the case of Riley versus California , the United States Supreme Court ruled that the police generally may not, without a warrant, search the contents of a cell…

It was Illegal for the Police to Take Pills from a Woman's Purse

In the case of Melva Gay versus the State of Florida , a police officer stopped a car for failing to come to a complete stop at at stop sign. Melva Gay was a…

Robbery Versus Shoplifting

In the case of the State of Florida versus Dennis Baker, some security guards at a department store located inside a shopping mall saw Mr. Baker take a videotape…

Juveniles and Sex Offender Registration

In the case of the State of Florida versus Melissa Hope Williams , Ms. Williams moved to Florida in 2005 from Michigan where she had been adjudicated delinquent for…

Self-Defense Cases and the Victim's Character Trait of Violence

In the case of Narcisse Antoine versus the State of Florida , Mr. Antoine was convicted of attempted second degree murder with a firearm. He was at a nightclub when…

DUI and the Accident Report Privilege

In the case of Kenneth Wetherington versus the State of Florida , Mr. Wetherington was charged with committing the crime of felony DUI based upon his involvement in…

Why did a Judge Deny a Fire Fighter's Request to Have His Record Sealed?

On my website Florida Criminal Records: Frequently Asked Questions , I just wrote an article entitled "Why Was a Fire Fighter's Request to Seal His Record Denied?"…

Robbery and the Use of Force

In the case of C.B.B. versus the State of Florida , a child with the initials "C.B.B." was found guilty of the crime of robbery based upon the following facts:…

Trespass and Stolen Cars

In the case of D.L. v. the State of Florida , a juvenile with the initials "D.L." was convicted of the crime of trespass to an automobile. The facts of this case…

Remember the Prescription Defense

In the case of Daniel Shedd versus the State of Florida , Mr. Shedd was convicted of possession of alprazolam and hydrocodone as well as marijuana. The facts of his…

The Rape Shield Statute Does Not Apply to All Sex Crimes

In the case of Deven Cooper versus the State of Florida , Mr. Cooper was convicted of the crimes of lewd or lascivious battery and molestation. At his trial,…

Man Wrongfully Convicted of Murder is Set Free After 25 Years

It is often because of DNA evidence that wrongfully-convicted people are released from prison. However, as the following New York Times story demonstrates, that is…

Sending Child Pornography From Your Cell Phone to Your Computer is Not Necessarily a Crime

In the case of the United States versus Michael Grzybowicz , Mr. Grzybowicz was charged with, among other things, committing the federal crime of distributing child…

Even the Police Can Rely Upon the Stand-Your-Ground Law

In the case of Brad Heilman versus the State of Florida , Heilman was a correctional officer employed by the Florida Department of Corrections who worked at the…

It is Double Jeopardy for Someone to be Convicted of Both Sexual Battery and Lewd or Lascivious Molestation

In the case of Jehu Ramirez versus the State of Florida , Mr. Ramirez was found guilty by a jury of both of the crimes of sexual battery and lewd or lascivious…

Not Enough Evidence for Stalking Injunction

In the case of Kevin Touhey versus Frank Seda , a judge issued an injunction for protection against stalking based on the following facts: Mr. Seda filed a sworn…

The Police Need More Than Just the Smell of Alcohol to Arrest You for DUI

In the case of Robert Santiago versus the State of Florida , the facts were as follows: The police received an anonymous phone call about a car parked at the end of…

Entrapment and Craigslist

In the case of Kevin Cantrell versus the State of Florida , Mr. Cantrell was convicted of traveling to meet a person whom he believed was a minor for the purpose of…

DUI Manslaughter Conviction Overturned

In the case of Harley Pennington versus the State of Florida , a jury convicted Mr. Pennington of DUI manslaughter based on the following facts: Pennington was…

Your Probation Can't Be Violated Based Just On Hearsay

If you have been charged with violating your probation, you should know that your probation can't be violated based just upon hearsay. Hearsay is a statement made…

Judge Incorrectly Added House Arrest After Bond Was Already Set

In the case of Anthony Steffen versus the State of Florida , the prosecutor filed a motion asking the judge to revoke Mr. Steffen's bond and to put him in jail two…

The Police Have to Get a Search Warrant Before Looking at the Contents of Your Cell Phone

In the case of Cedric Smallwood versus the State of Florida , Mr. Smallwood was arrested for robbing a convenience store. Following his arrest, the police seized a…

More Good News for You If This Is Your First DUI

If you were arrested for DUI and your breath-alcohol level was over .08, the Florida Department of Motor Vehicles ("DMV") will suspend your driver's license for 6…

If This is Your First DUI, You May Be in Luck

If you were arrested for DUI in Palm Beach County Florida and this is your first DUI, there may be some good news for you if your breath or blood-alcohol level was…

Sometimes the Police Can't Arrest You Even if You Are Driving Drunk

The police sometimes arrest people for misdemeanor DUI when they don't have a right to do so. For example, in the case of Glenn Steiner v. the State of Florida ,…

The Police Can't Force You to Give Blood in a Routine DUI Case

In the case of Missouri v. Tyler McNeely , Mr. McNeely was arrested for DUI and then forced to give blood at a nearby hospital. His case went all the way to the…

Trying to Save Your Cat Won't Prevent You From Getting a DUI

In the case of Christopher Brooks versus the State of Florida , Mr. Brooks was arrested for DUI while trying to save his cat. The facts are as follows: At…

Shoplifting and the Defense of Voluntary Abandonment

Some people think that if you steal something from inside a store but haven't actually left the store that you are not guilty of shoplifting. That is incorrect.…

Retail Theft at Wal-Mart

In the case of Toccara McClover versus the State of Florida , Ms. McClover was convicted of retail theft at a Wal-Mart store. The facts of her case are that: "A…

Even Felons Who Have Guns Illegally Can Claim Self-Defense

In the case of Aaron Little versus the State of Florida , Mr. Little was charged with committing the crime of second-degree murder with a firearm. Little filed a…

Drug-Sniffing Dogs and Search Warrants

In the case of Florida versus Jardines , the p olice took a drug-sniffing dog to Jardines' front porch where the dog gave a positive alert for illegal drugs. Based…

Double Jeopardy and the Crime of Burglary

In the case of Robert Gorham versus the State of Florida , Mr. Gorham was convicted of two counts of burglary of a conveyance with an assault or battery. His…

Conspiracy to Distribute Narcotics

In the case of the United States v. Alvin Gaskins , Mr. Gaskins was convicted of conspiracy to distribute narcotics. He appealed. The court of appeals reversed his…

Your Computer and Your Right Not to Incriminate Yourself

In the case of the United States v. John Doe , a subpoena duces tecum was issued to an individual (named John Doe) during a child pornography investigation. That…

Inextricably Intertwined Evidence

Prosecutor's often use something called "inextricably intertwined" evidence. For example, if someone charged with the crime of rape steals jewelry from…

You're Allowed to Question a Witness About the Fact that He's a Liar

In the case of the United States versus Jorge Cedeno , the trial judge prevented Cedeno’s lawyer from questioning a detective about the fact that he had lied…

How Does a Prosecutor Prove that Someone Had an Intent to Sell Cocaine?

In the case of Derek Martin versus the State of Florida , Mr. Martin was convicted of possession of cocaine with intent to sell. Martin appealed, and the court of…

You Have the Right to Face Your Accuser When Charged with the Crime of Making a False Statement in a Passport Application

In the federal case of the United States of America versus Napoleon Bustamante , Mr. Bustamante was convicted of illegally reentering the United States, making a…

You Have a Constitutional Right to Confront Your Accuser

In the case of the United States of America versus Lance White , the Court ruled that Mr. White's constitutional right to confront his accuser--a police…

The Advice-of-Counsel Defense

In the federal case of the United States versus Michael McIntosh , Mr. McIntosh was charged with committing the crimes of bankruptcy fraud and money laundering…

Your Consent to Search Has Its Limits

The facts in the case of Huey Lee Oldham versus the State of Florida are as follows: Deputies from the Hillsborough County Sheriff's Office went to Mr. Oldham's…

The Advice-of-Accountant Defense in Federal Court

In the federal case of the United States versus Theresa Kottwitz , the Eleventh Circuit Court of Appeals ruled that the trial judge erred when he refused to give a…

What Happens if the Police Arrive at Your Friend's Home Just as You are Leaving?

In the recent United States Supreme Court case of Chunon Bailey versus the United States , the facts were as follows: While police were preparing to execute a…

Double Jeopardy Applies Even When a Judge Makes a Mistake

In the U.S. Supreme Court case of the State of Michigan versus Lamar Evans , the facts were as follows: After the prosecution rested its case at Lamar Evans' arson…

Probable Cause and Drug-Detection Dogs

In the recent case of the State of Florida versus Clayton Harris , the United States Supreme Court held that a police officer had probable cause to search Mr.…

You Are Not Guilty of Conspiracy to Distribute Drugs in West Palm Beach, Florida Unless the Prosecutor Can Prove that You Agreed with Someone Else to Violate a Drug Law

One of the things that a prosecutor must prove in order to convict someone of conspiracy to distribute drugs is that the accused person agreed with someone else to…

If You Have Been Charged with Conspiracy to Commit a Drug Crime in Palm Beach County, Florida, You May Have a Defense

In the case of Betsy Dieujuste versus the State of Florida , Ms. Dieujuste was convicted of the crime of conspiracy to traffic in oxycodone. She appealed and won…

How Do You Get a Felony DUI Dismissed in Palm Beach County, Florida?

You can be charged with felony DUI in Palm Beach County, Florida if you are charged with committing a third DUI that occurs within 10 years of a previous DUI…

Are DUI Roadblocks Legal in Palm Beach County, Florida?

DUI roadblocks are legal in Palm Beach County, Florida but only if the police do certain things that they are required by law to do such as: 1. Have written…

What DUI Schools are Licensed in Palm Beach County, Florida?

There are two licensed DUI schools in Palm Beach County, Florida. They are: 1. Metro Traffic School of Palm Beach 1993 South Military Trail, West Palm Beach,…

Are You Being Falsely Accused of Domestic Violence Because Your Spouse Wants to Remain in the United States?

It sometimes happens that a person who is not a citizen of the United States falsely accuses her husband or boyfriend of committing an act of domestic violence…

Can a Judge in West Palm Beach Florida Increase Your Bond Just Because He Wants to?

In a recent Florida case , a judge, on his own initiative , increased a person's bond from $5,000 to $500,000 because the judge thought that the person's bond was…

Florida Assault and Battery Lawyer Talks About Assault and Battery Law in Florida

If you have been arrested for domestic battery, you may be able to get that charge dropped if you complete a 24-week domestic violence counseling course. Some of…

How Much Does an Ignition Interlock Device Cost in Palm Beach County?

If you have been convicted of DUI in Palm Beach County, the cost (plus tax) for you to have an ignition interlock device installed in your car is as follows: $12…

Do You Have to Install an Ignition Interlock Device in Your Car if You Have Been Convicted of DUI in Palm Beach County, Florida?

If you have been convicted of DUI in Palm Beach County, Florida you are required to have an ignition interlock device installed in your car in the following…

What is an Ignition Interlock in Palm Beach County, Florida?

If you are convicted of DUI , you may be required to install an ignition interlock device in your car. What is an ignition interlock device? It is a machine that…

Can a Felony be Expunged in Palm Beach, Florida?

In Florida, you can get a felony charge expunged , but only under certain conditions. 8 of those conditions include: 1. You have never been adjudicated guilty of a…

How Can You Prevent Your Driver's License from Being Suspended if You Were Arrested for DUI in Palm Beach, Florida?

If you were arrested for DUI and you refused to blow into a breath machine, your driver's license will be suspended for 1 year if that is the first time you refused…

Do You Have a Restraining Order in Palm Beach, Florida? This Court Case Might Help You.

In the Florida court case of Alejandro Santiago versus Kelly Towle , Ms. Towle obtained a restraining order against Mr. Santiago for protection against repeat…

Were You Legally Stopped in West Palm Beach, Florida Before You Were Arrested for DUI?

Most DUI cases start when a police officer sees a driver commit a traffic infraction such as speeding, and the officer then stops that person in order to give him a…

Can Your Domestic Battery Case Go to Trial in Palm Beach, Florida Even if Your Spouse Refuses to Testify Against You?

The crime of battery occurs when someone intentionally touches or strikes another person against that person's will . But what if you've been charged with…

When are the Police Allowed to Order a Test of Your Blood in a DUI Case in West Palm Beach, Florida?

Florida law permits a police officer to order a test of your blood if he has probable cause to believe you were driving under the influence of alcohol or drugs and…

What if Your Spouse or Partner Wants to Drop a Domestic Battery Charge in West Palm Beach, Florida?

If you have been arrested for domestic battery in West Palm Beach, Florida, you may think that it is ultimately up to your spouse or partner to decide whether to…

How Do You Get Your Driver's License Back After Refusing to Take a Breath or Urine Test in Palm Beach Florida?

If you refuse to take a breath or urine test in Palm Beach Florida, your driver's license will be suspended for 1 year if it is your first refusal and for 18 months…

What Will Happen to You if You Refuse to Blow into a Breath Testing Machine in Palm Beach Florida?

If you are arrested for DUI in Palm Beach Florida, you will be taken to the Palm Beach County Jail where you will be asked to blow into a breath-testing machine (or…

When Can a Judge Enter a Domestic Violence Injunction Against You in West Palm Beach Florida?

Florida law states that a judge can enter a domestic violence injunction when it appears to the judge that the person asking for the injunction is: 1. Either a…

Can a Judge Refuse to Seal Your Record Without Providing a Valid Reason?

Can a judge refuse to seal your criminal record without providing a valid reason for doing so? In an article that I just published on my criminal records website ,…

When Can You Be Strip Searched in Florida?

When can the police strip search you in Florida? If you are interested in finding out the answer to this question, please see my article on my…

DUI Law in Florida and the Corpus Delicti Rule

The corpus delicti consists of proof that a crime has been committed and that someone is criminally responsible for committing it. The corpus delicti has to be…

When Can the Police Search Your Computer?

In the case of State of Florida versus Eric Young , the police searched a pastor's office, including his workplace computer, without first obtaining a search…

Will George Zimmerman Actually Stand Trial for Killing Trayvon Martin?

Since it was reported that George Zimmerman killed Trayvon Martin, the media has talked a lot about Florida's Stand Your Ground law . But what does that law…

If You Are Charged With a Federal Crime, It May Be Critical for You to Know Whether You Affected Interstate or Foreign Commerce

If you have been charged with committing a federal crime , it may be critical for you to determine whether your supposed criminal activity affected interstate or…

What Should You Do if One of Your Friends or Relatives is Arrested?

If a call came from a friend or relative asking for help because he had been arrested, would you know what to do? Hiring a criminal defense attorney or arranging…

9 Ways to Prevent An Eyewitness from Misidentifying an Innocent Person

In the case of State of New Jersey versus Larry Henderson , the New Jersey Supreme Court found that observing the following nine things may help prevent an…

GPS Tracking Devices, Search Warrants, and Your Car

In the case of the United States versus Antoine Jones , the U. S. Supreme Court answered the following question: Do the police have to get a valid search warrant…

Words Alone are Sometimes Not Enough to Convict You of Disorderly Conduct

In the case of C.N. versus the State of Florida , a juvenile with the initials "C.N." was convicted of the crime of disorderly conduct based upon the…

You May Legally Resist an Illegal Arrest

In the case of C.W. versus the State of Florida , a juvenile, whose initials were "C.W.," was arrested for the crime of resisting arrest without violence…

Changes in Florida's Clemency Law

Clemency has been defined as "the forgiveness of a crime or the cancellation (in whole or in part) of the penalty associated with it." I posted an article…

Robert Champion's Death Ruled a Homicide: Now What?

An article that appeared two days ago in the Orlando Sentinel reported that an autopsy performed on Florida A & M drum major Robert Champion concluded that his…

Sealing Your Record

In the case of Wells versus the State of Florida , Kim Wells appealed a judge's decision denying her petition to expunge her criminal record without first holding a…

Self-Defense in a Case of Aggravated Battery

In the case of William Stieh versus the State of Florida , Mr. Stieh was charged with the crime of aggravated battery after stabbing another individual. The…

How to Determine When a Drug Dog's Alert to a Vehicle is Reliable

In the case of Clayton Harris versus the State of Florida , the Florida Supreme Court was asked to decide this question: When does a drug-detection dog's alert to…

Minimum Mandatory Sentencing and the Federal Crime of Being a Convicted Felon in Possession of a Firearm

It is a federal crime for a convicted felon to be in unlawful possession of a firearm . The maximum sentence for that crime is typically 10 years in prison. If,…

Doctor Shopping and Unlawful Police Investigation

The facts in the case of the State of Florida versus Jeffrey Singming Sun are as follows: "A deputy arrested Jeffrey Sun's brother for driving under the…

Florida Drug Law Declared Unconstitutional

In the case Mackle Vincent Shelton versus the Secretary of the Florida Department of Corrections , United States District Judge Mary Scriven ruled that one of…

RICO Does Not Apply to Garden-Variety Criminal Activity

In the case of Kevin Jackson versus the State of Florida , Mr. Jackson was convicted of racketeering (more commonly known as RICO ), and conspiracy to commit…

RICO Requires a Pattern of Racketeering Activity

The Racketeer Influenced and Corrupt Organizations Act , more commonly referred to as RICO, is a federal law that provides for criminal penalties for acts performed…

Court Orders New Trial After the Jury Was Improperly Shown Pornographic Pictures From a Computer Hard Drive

In the case of Joe Bryant versus the State of Florida , a jury convicted Mr. Bryant of the crimes of battery, handling or fondling a child under sixteen in a lewd,…

Double Jeopardy and the Crimes of Theft and Dealing in Stolen Property

Florida law states that "a single indictment or information may, under proper circumstances, charge theft and dealing in stolen property in connection with one…

What Evidence Is Needed to Convict Someone of Aggravated Fleeing or Attempting to Elude a Police Officer?

In the case of Casey Steil versus the State of Florida , Mr. Steil was convicted of the crime of aggravated fleeing or attempting to elude a police officer based on…

What Has to Be Proved Before a Domestic Violence Injunction Can Be Issued Against You?

In the case of Kopelovich versus Kopelovich , a domestic violence injunction was issued against Mr. Kopelovich based on the following facts: Mrs. Kopelovich filed a…

RICO Indictments and the Importance of Distinguishing Between a "Person" and an "Enterprise"

In the case of United States of America versus Goldin Industries, Inc. , the Eleventh Circuit Court of Appeals reversed a RICO conviction because the indictment…

RICO Indictments and the Importance of Distinguishing Between a "Person" and an "Enterprise"

In the case of United States of America versus Goldin Industries, Inc. , the Eleventh Circuit Court of Appeals reversed a RICO conviction because the indictment…

Grand Theft and the Failure to Return Money

In the case of Ernest Henry Vroom versus the State of Florida , Mr. Vroom was convicted of the crime of grand theft based on the following facts: "Vroom was the…

Dealing in Stolen Property and Possession of Recently-Stolen Items

In the case of Bertone versus the State of Florida , Mr. Bertone was convicted of the crime of dealing in stolen property for "trafficking" in two saws…

Being Adjudicated Guilty and Getting Your Record Sealed

In the case of Julie Matthews versus the State of Florida , Ms. Matthews appealed a judge's decision to not expunge her criminal record for grand-theft auto because…

Battery on a Law Enforcement Officer: Was the Officer's Use of Force Legal?

In the case of C.B. versus the State of Florida , a juvenile with the initials "C.B." was found guilty of the crime of battery on a law enforcement…

Possession of Drugs Inside a House: Actual Versus Constructive

In the case of Corey Bennett versus the State of Florida , Mr. Bennett was convicted of the crimes of trafficking in cocaine, possession of marijuana, and…

Your Right to Expunge Your Record Versus the Public's Right to Know

In the case of S.L.P. versus the State of Florida , a judge refused to grant an individual's request to seal her criminal-history record solely because the judge…

You're Not Guilty of Burglary Unless You Intended to Commit a Crime

In the case of P.D.T. versus the State of Florida , P.D.T. (those being the initials of the juvenile who was charged in that case) was convicted of the crime of…

Florida Law Presumes that Your Criminal Record Should Be Expunged

In a recent Florida case, a judge denied a person's request to expunge his criminal record even though the prosecutor's office had decided to not file any charges.…

See My New and Improved Criminal Records Website

My website Florida Criminal Records: Frequently Asked Questions has some new features that I hope you will look at. For one, I have added a section that makes it…

When is a Knife Not Considered a Weapon?

Jeffrey Browder was charged with committing the crime of possession of a concealed weapon by a convicted felon in the case of Browder versus State of Florida . The…

The Difference Between Murder and Manslaughter

Florida law defines the crime of second-degree murder as "the unlawful killing of a human being, when perpetrated by any act imminently dangerous to another…

The Child Pornography Law Requires the Use of Real Children

In the case of Kevin Jalbert versus the State of Florida , Mr. Jalbert was charged with committing the crime of unlawful possession of child pornography . He filed…

The Prescription Defense

In the case of McCoy versus the State of Florida , Cynthia McCoy was charged with committing the crime of trafficking in hydrocodone based upon her possession of a…

You Cannot Be Guilty of Aggravated Assault Unless You Are Also Guilty of Assault

If you have been charged with assault or aggravated assault in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake…

Aggravated Battery and the Use of Guns

The crime of aggravated battery is committed when a person commits the crime of battery and in the process either: 1. Intentionally or knowingly causes great bodily…

Doctor Shopping and Your Obligation to Disclose Information About Previously-Obtained Prescriptions

Florida's doctor-shopping law states that it is illegal for any person "[t]o withhold information from a [doctor] from whom the person seeks to obtain a…

A Judge Cannot Refuse to Expunge a Criminal Record Without First Hearing Evidence

In the case of VFD versus the State of Florida , the issue was whether a judge was correct in denying VFD's petition to expunge his criminal record without first…

Sex Offender Registration is Required Even When Adjudication is Withheld

In the case of Peter Price versus the State of Florida , the issue was whether Mr. Price was a sex offender who had to register under Florida law even though…

Sex Offender Registration is Required Even When Adjudication is Withheld

In the case of Peter Price versus the State of Florida , the issue was whether Mr. Price was a sex offender who had to register under Florida law even though…

A Conspiracy Does Not Exist if One of the Co-Conspirators is a Law Enforcement Agent

In the case of Sheriff versus State of Florida , an individual named Myron Sheriff was convicted of conspiracy to traffic in heroin. He appealed his conviction to…

A Conspiracy Does Not Exist Unless There is an Agreement to Commit the Same Crime

In the case of Gregory Schlicher versus State of Florida , Mr. Schlicher was convicted of six counts of conspiracy to purchase cocaine as well as two other charges.…

Conspiracy and Double Jeopardy

In the case of Negron Gil De Rubio versus the State of Florida , Mr. Negron was convicted of both conspiracy to commit racketeering and conspiracy to commit drug…

How Many Criminal Records Can You Seal?

In the case of Cline vs. State of Florida , the issue was whether Mr. Cline could have two different criminal-history records sealed. An article that I wrote on my…

When Can the Police Frisk the Passenger of a Car for Weapons?

In the case of Arizona v. Johnson , the United States Supreme Court addressed the following question: Whether a police officer may lawfully frisk a passenger in a…

Concealed Weapons and Traveling on Airplanes

I recently represented an individual who, while going though security at Palm Beach International Airport , was stopped because he had a Smith & Wesson Tactical…

A Litigation Manual for Inmates

The Columbia Human Rights Law Review has published a very informative handbook of legal rights and procedures for people in prison. It is called the Jailhouse…

Is Sealed or Expunged Information Ever Released to Anyone?

I am sometimes asked whether the information contained in a criminal-history record that has been sealed or expunged is ever released to anyone. An article that I…

When is Failing to Register as a Sex Offender Not a Crime?

In the case of Carr v. United States , the U.S. Supreme Court ruled that the Sex Offender Registration and Notification Act ("SORNA") does not apply to…

Marijuana Possession No Longer a Crime in California

Last week, CBS News published the following article regarding a significant change in the law pertaining to the charge of marijuana possession in California:…

Florida Criminal Records and Background Checks

If you were to ask the Florida Department of Law Enforcement ("FDLE") to do a background check on either yourself or someone else, that department would…

How to Reduce the Cost of Florida's Prison System

A recent article by Will Hanlon, a Tampa criminal attorney , discusses a change to the sentencing process in Missouri's criminal courts which could come to Florida.…

Six Causes of Wrongful Conviction

The Innocence Project has identified the six most common causes of wrongful convictions . They are: Eyewitness misidentification Unvalidated or improper forensic…

Six Causes of Wrongful Conviction

The Innocence Project has identified the six most common causes of wrongful convictions . They are: Eyewitness misidentification Unvalidated or improper forensic…

A Judge Cannot Deny Your Request to Seal Your Record Simply Because Adjudication was Withheld

In the case of Anderson v. State of Florida , a judge denied Mr. Anderson's petition to seal his criminal record because he had already received a "break"…

Eyewitness Identification and Expert Testimony

In a case from New York called People v. LeGrand , the issue was whether the trial judge was correct in refusing to admit expert testimony regarding the reliability…

10 Privileged Communications Recognized by Florida Law

A privileged communication is a statement that you cannot be forced to disclose in a legal proceeding because it was made in connection with a legally-protected…

How Long Do the Police Have to Wait to Question You if You Ask for an Attorney?

In the case of Edwards v. Arizona , the United States Supreme Court ruled that when the police question someone who is in custody and that person expresses a desire…

When is the Florida Department of Law Enforcement Not Required to Issue You a Certificate of Eligibility?

In the case of A.J.M. v. Florida Department of Law Enforcement , the issue was whether the Florida Department of Law Enforcement had to issue a certificate of…

The 2010 Crack-Cocaine Amendment

On August 3, 2010, President Obama signed the Fair Sentencing Act of 2010 which reduces sentences for crack-cocaine crimes. An article that appears on my website,…

False Imprisonment and the Crime of Robbery

Before someone can be lawfully convicted of both false imprisonment and robbery , it must be proven that the movement or confinement associated with the false…

When is an Automobile Passenger Not Guilty of Conspiracy to Commit a Federal Drug Crime?

When someone is charged in an alleged drug conspiracy and that person is located in an automobile that has drugs in it at the time of his arrest, it is not enough…

A Judge Cannot Deny Your Request to Expunge Your Record Without Giving You a Specific Reason

In order to get your criminal record sealed or expunged in Florida, there are certain legal requirements that you must meet before a judge is even allowed to…

False Imprisonment of a Child: What Does the Prosecutor Have to Prove?

In Florida, the crime of false imprisonment is defined as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person…

Another Example of what Kidnapping is Not

In the case of Gray v. State of Florida , Mr. Gray was convicted of kidnapping based on the following facts: "Gray entered a convenience store in Fernandina…

Kidnapping and the Crime of Robbery

Florida appellate courts have repeatedly said that simply moving a robbery victim at gunpoint from one room to another, even if a door is closed and the victim is…

When is it Kidnapping and when isn't it?

In Florida, the crime of kidnapping can be committed in four different ways. "The term 'kidnapping' means forcibly, secretly, or by threat confining,…

Splitting a Child's Lip and Choking Him is Not Necessarily Child Abuse

In the case of State of Florida v. Figarola , Mr. Figarola was charged with child abuse because he struck his son Carlos twice for refusing to eat food which Mr.…

A Spanking that Causes Bruises and Welts is Not Necessarily Child Abuse

In the case of King v. State of Florida , Mr. King, who was a school administrator, was charged with child abuse based on the following facts: "One of the…

What Constitutes the Crime of Child Abuse in Florida?

In Florida, the crime of child abuse is defined as the: (a) Intentional infliction of physical or mental injury upon a child; (b) An intentional act that could…

20 Legal Websites Containing Useful Information for You

There are many websites that provide legal information, some sites being better than others. In this article, I have provided links to several websites which…

Criminal Deportation and a New U.S. Supreme Court Case

The United States Supreme Court recently decided a case called Padilla v. Kentucky in which the issue was whether Mr. Padilla's lawyer provided him with ineffective…

Sex Offender Restrictions Eased in Miami-Dade County

I frequently get calls and emails from people telling me how difficult it is for them or for a family member to comply with various sex-offender restrictions. Based…

When Are the Police Not Allowed to Search Your Car?

I previously wrote an article on this website entitled "U.S. Supreme Court Modifies Search-Incident-to-Arrest Exception to Warrant Requirement" in which I discussed…

How to Get Your Name Removed from Florida's Sex Offender List

One question that I am often asked is whether it is possible for someone to get his name removed from Florida's sex offender list and, if so, how? In an attempt to…

Florida Search & Seizure Law

Recently, police here in Florida have been going to different pharmacies and obtaining copies of the pharmacy records of individuals suspected of doctor shopping .…

IQ Tests Key in Palm Beach County Trial

The following article was published Monday, February 8th in the Palm Beach Post News , and was written by Susan Spencer-Wendel . It refers to one of my recent…

The Manuel Tapes - Comments on Tom Manuel & Use of an Entrapment Defense

I am quoted in the following article which appeared February 7th in the St. Augustine Record and was written by Tiffany Pakkala . The Manuel Tapes He's guilty…

Does Getting a Pardon from the Governor Automatically Mean That You Can Get Your Record Sealed or Expunged?

A pardon has been defined as “the forgiveness of crime and the penalty associated with it.” In Florida, it is the governor who has the power to grant…

The Automatic Dismissal of Criminal Cases in Palm Beach County Florida

In 2008, the Chief Judge in Palm Beach County Florida signed Administrative Order 4.605-9/08 which automatically dismisses the following types of cases: 1. All…

When is a Confession Not Admissible in Federal Court?

Federal Rule of Criminal Procedure 5 states in part that "[a] person making an arrest within the United States must take the defendant without unnecessary…

Substantial Assistance and Drug Trafficking Cases

The penalties are severe for drug trafficking in Florida. For example, if a person is convicted in State Court of trafficking in 200 grams or more of cocaine but…

When Are the Police Allowed to Search Your Home Without a Warrant?

In a recent case called Michigan v. Fisher , the United States Supreme Court ruled that a police officer may enter a home without a search warrant to render…

Can Even a Serious Charge Such as Murder Be Expunged?

According to Florida law, a judge is not allowed to deny an individual’s request to have his criminal record expunged simply because of the seriousness of the…

New Website: Federal Criminal Lawyer FAQ

I'm pleased to announce the launch of another FAQ style website for our firm. The Federal Criminal Lawyer FAQ , located at www.federalcrimefaq.com , answers common…

How Can You Avoid a Minimum Mandatory Sentence in Federal Court?

A minimum mandatory sentence is a minimum prison sentence that a judge must impose for a particular crime, without consideration of mitigating circumstances. In…

Still Another Way to Avoid Prison

I previously published two articles on this website entitled "Florida Sentencing and Drug Court Programs" and "Amended Law Provides Additional Ways…

Still Another Way to Avoid Prison

I previously published two articles on this website entitled "Florida Sentencing and Drug Court Programs" and "Amended Law Provides Additional Ways…

Amended Law Provides Additional Ways to Avoid Prison

Earlier this month, I published an article on this website entitled Florida Sentencing and Drug Court Programs in which I noted that if a criminal defendant has…

When is Someone in Constructive Possession of Drugs?

If you have been charged with a drug crime in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana, North…

Florida Sentencing and Drug Court Programs

Florida's sentencing guidelines determine sentences for felony offenses (except for death-penalty cases) based primarily on the following two factors: The conduct…

Florida Sentencing and Drug Court Programs

Florida's sentencing guidelines determine sentences for felony offenses (except for death-penalty cases) based primarily on the following two factors: The conduct…

Expungement of Your Criminal Record and Your Right to Have a Hearing

When someone seeking to have her criminal-history record sealed or expunged files the appropriate paperwork with the Court including a certificate of eligibility…

Expungement of Criminal Records and Judges' Rulings

The rule that governs the expunction of criminal history records in Florida states that “any request for expunction of a criminal history record may be denied…

Double Jeopardy and Dismissal of Charges

The Double Jeopardy Clause , which is contained in the Fifth Amendment to the United States Constitution , states that no person shall "be subject for the same…

Federal Sentencing Guidelines: Be Careful What You Agree To

Imagine the following scenario: You have been charged in federal court with one count of conspiracy to distribute crack cocaine. After reviewing the prosecutor's…

Death Penalty: Was an Innocent Man Executed?

It is becoming more and more commonplace to hear news accounts of individuals who were convicted of first-degree murder , sentenced to death, and then released…

Violation of Probation and Hearsay

It has long been the law in Florida that a person's probation cannot be violated based solely upon hearsay . This particular rule of law was at issue in the case of…

Domestic Violence and Possession of a Firearm

It is common knowledge that it is illegal for someone who has been convicted of a felony to possess a firearm. But what is not so commonly known is that it is also…

Suspended License Law Amended

It used to be the case that anyone convicted of driving with a suspended license in Florida three or more times was guilty of a third-degree felony carrying with it…

Sex Offender Registration Removal and a New Florida Case

Florida law provides that under certain circumstances an individual may have his name removed from the sex offender or sexual predator registry. However, before…

Deportation and Criminal Convictions

A criminal conviction (which includes a withhold of adjudication) can have serious ramifications pertaining to the deportation of someone who is not a United States…

Self Defense: What Are the Police Not Allowed to Testify About at Trial?

According to Florida law , a person cannot be arrested for using force--even deadly force--unless the police first determine that there is probable cause to believe…

Registered Sex Offenders: Suing to Find a Place to Live

It seems that the thorny issue of where registered sex offenders should be allowed to live just won't go away. In 2007, I wrote an article entitled "Sex…

Murder and Principals

BODY: Earlier this week, Palm Beach Post writer Susan Spencer-Wendel wrote an article entitled "She's guilty of murder, but shooter's free" in which she…

Statute of Limitations and Sex Crimes: Should There Be a Time Limit on Reporting Sex Crimes?

Yesterday, Palm Beach Post Capital Bureau writer Dara Kam wrote an article entitled " Lantana mother of sex-abuse victim joins fight against molesters ."…

False Accusations of Domestic Violence

Do current immigration laws in the United States encourage one spouse to falsely accuse the other spouse of domestic violence ? This became an important question in…

Florida's New DNA Law: Is It Constitutional?

Earlier this month, Florida's governor, Charlie Crist , signed Senate Bill 2276 which permits the police to take a DNA sample from anyone who is merely arrested for…

Rush Limbaugh's Pretrial Intervention Agreement

In 2006, political commentator Rush Limbaugh was charged with committing the crime of Withholding Information from a Practitioner . On May 1, 2006, Limbaugh entered…

What Happens When a Judge Sets a Bond that is the Equivalent of No Bond?

It is an all-too-frequent occurrence in Florida's criminal courts that a judge will set a bond in a given case, yet the accused individual continues to remain in…

When is it Illegal to Search a Student?

In the case of New Jersey v. T.L.O. , the United States Supreme Court stated that "[u]nder ordinary circumstances, a search of a student by a school or other…

When Does Police Trickery Cross the Line?

On March 4, 2008, I wrote an article on this blog entitled "Are the Police Allowed to Lie to Get You to Confess?" I answered that question by saying,…

When is a Police Roadblock Illegal?

You have probably seen police roadblocks when you were out driving your car, and you may have even been stopped at one, but did you know that before the police are…

What is an Administrative Expunction?

Sometimes a person will be arrested, yet the case never actually goes to court either because the police do not file the case with the State Attorney’s Office…

Prosecutors Fight Access to DNA Tests for Convicts

The following article appeared in the New York Times earlier this week: In an age of advanced forensic science, the first step toward ending Kenneth Reed’s…

How the FBI Misidentified a Suspected Terrorist Using Fingerprint Evidence

In May 2004, the Federal Bureau of Investigation (FBI) arrested Brandon Mayfield , a lawyer, as a material witness in an investigation of terrorist attacks on…

The Entrapment Defense in Federal Court

In the case of United States v. Francis , the U. S. Court of Appeals for the Eleventh Circuit stated that the defense of entrapment consists of the following two…

Minnesota Supreme Court Orders Prosecutors to Turn Over Computer Source Code for Breathalyzer

On January 25, 2009, I posted an article on this website entitled "Judge Throws Out More Than 100 Breathalyzer Tests." The article discussed how two different…

What Can You Do When the Police Break the Law? Sometimes Nothing at All Says the U.S. Supreme Court

Earlier this year, the U.S. Supreme Court decided the case of Herring v. United States in which the issue presented was whether evidence found during a search…

U.S. Supreme Court Modifies Search-Incident-to-Arrest Exception to Warrant Requirement

The United States Supreme Court has repeatedly stated that searches conducted by the police without first obtaining a search warrant are unlawful unless those…

When Can a Judge Increase Your Bond?

When a person is arrested for a State crime in Florida , he is typically taken before a judge within twenty-four hours of his arrest so that the judge can set the…

Federal Appeals Judge Declares Capital Punishment System to be Broken Beyond Repair

In the case of Wiles v. Bagley , Boyce F. Martin, Jr. , a judge on the United States Court of Appeals for the Sixth Circuit , stated that " [c]apital…

When Does the Government Cross the Line Between Trapping an Unwary Innocent Person Versus Trapping an Unwary Criminal?

In the case of Jacobson v. United States , the U.S. Supreme Court reversed the conviction of Mr. Jacobson after finding that agents of the federal government…

When Does the Government Cross the Line Between Trapping an Unwary Innocent Person Versus Trapping an Unwary Criminal?

In the case of Jacobson v. United States , the U.S. Supreme Court reversed the conviction of Mr. Jacobson after finding that agents of the federal government…

Federal Appeals Court Overturns Lower-Court Rulings that Found Sex Offender Registation Act Unconstitutional

In the two cases of United States of America vs. Powers and United States of America vs. Buckius , both Mr. Powers and Mr. Buckius were indicted for failing to…

My New Website: Florida Criminal Records FAQ

I'm pleased to announce the launch of a new website for my law firm, the Florida Criminal Records FAQ . The purpose of this new website is to answer many basic…

DNA Evidence is Only as Reliable as the People and Methods Used to Examine It

DNA profiling is a method used by forensic scientists to help identify a criminal suspect based upon his unique genetic code . If you watch some of the crime-scene…

Florida Cases Where Jurors Were Allowed to Hear Evidence of Previous False Accusations

On February 23, 2009, I posted an article on this site entitled Why Florida Jurors Are Rarely Allowed to Hear Evidence of Previous False Accusations . In that…

Why Florida Jurors Are Rarely Allowed to Hear Evidence of Previous False Accusations

In many criminal cases, the evidence presented at trial boils down to one witness accusing the person on trial of committing an illegal act. For example, in some…

Unless You Object to the Police Searching Your Home Now, You May Not Be Able to Complain Later

Wayne R. Lafave , a noted criminal-law scholar, has said that "there is no dispute that [police searches based upon consent] affect tens of thousands, if not…

When is Consent to a Police Search Invalid?

In many cases in which the police want to search someone's car or home, they try to obtain the owner's verbal or written consent so that they do not have to get a…

What Constitutes "Using" a Gun and Why Does It Matter in Federal Court?

Federal law states that anyone who uses a firearm in connection with a crime of violence or a drug-trafficking crime is subject to enhanced punishment. But what…

Judge Throws Out Evidence Obtained by Police at DUI Checkpoint

Manatee County Court Judge Doug Henderson recently issued an order suppressing all evidence that the police obtained at a sobriety checkpoint in 2008. According to…

Judge Throws Out More Than 100 Breathalyzer Tests

Two years ago, Manatee County Court Judge Doug Henderson ruled that evidence of breath alcohol tests in more than 100 drunk-driving cases could not be presented at…

When is Self-Defense Not a Defense?

Several Florida cases in which defendants claimed self-defense have been overturned on appeal because the trial judge incorrectly read to the jury what is sometimes…

Self-Defense and Dismissal of Charges

It is the law in Florida that when a person accused of committing a crime claims that he acted in self-defense , the case should be dismissed by the trial judge…

Self-Defense and the Right to Bear Arms

The Second Amendment to the United States Constitution states that "[a] well regulated Militia, being necessary to the security of a free State, the right of…

South Florida Sun-Sentinel: 2 Get "Deal of a Lifetime" in Drag Racing, DUI Crash That Killed Boynton Man

The following article appeared in the April 30, 2008 edition of the South Florida Sun-Sentinel . Ron Chapman represented and obtained a favourable outcome for the…

Expunging a Minor's Criminal History Record

There is a procedure in Florida for expunging a minor's criminal history record. That procedure, which is contained in Florida statute section 943.0582 , differs in…

DUI & Double Jeopardy

Jeff Norman of The Huffington Post recently emailed me the following question: "What makes it legal for police to detain a DUI arrestee until he or she is…

Racial Prejudice in the Criminal Justice System

In spite of all the progress that has been made during the last several decades in the area of race relations in the United States, a recent study suggests that…

When Does Ramming Another Car Constitute the Crime of Aggravated Battery?

In many cases in which an individual is charged with committing the crime of aggravated battery , the weapon that is used is a knife or a gun. However, it is also…

When Does Ramming Another Car Constitute the Crime of Aggravated Battery?

In many cases in which an individual is charged with committing the crime of aggravated battery , the weapon that is used is a knife or a gun. However, it is also…

When is a Fork a Deadly Weapon?

In the case of C.A.C. v. State of Florida , the Second District Court of Appeal was asked to decide whether a fork is a deadly weapon in a case in which the accused…

What is the Crime of Aggravated Battery in Florida?

If you have been charged with aggravated battery in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana,…

Georgia Law that Prohibited Registered Sex Offenders From Living Within 1,000 Feet of Areas Where Children Congregate Declared Unconstitutional

In 2007, the Georgia Supreme Court ruled as unconstitutional a Georgia law that prohibited registered sex offenders from living within 1,000 feet of child care…

Heat of Passion is a Recognized Defense to the Charge of Murder in Florida

In the courts of Florida, heat of passion is recognized as a defense to the crimes of first and second-degree murder . Heat of passion is a mental state provoked by…

3 Reasons to Be Careful About Admitting Guilt When Entering a Pretrial Diversion Program

On July 12, 2008, I wrote an article on this website entitled "How to Get a Criminal Charge Dropped" in which I discussed Florida's pretrial intervention…

Man Falls to His Death After Being Tasered: See Video

On September 20, 2008, I posted an article on this site which contains a videotaped recording of a police officer repeatedly using a taser on a man who was sitting…

Excessive Use of Force? Watch the Video and Decide for Yourself

In a recent federal case called Buckley v. Haddock , the Eleventh Circuit Court of Appeals was asked to decide whether a deputy sheriff's repeated use of a taser…

Proffer Agreements in Federal Criminal Cases

It is often the case that the evidence against persons charged with federal crimes is overwhelming while the sentences imposed are severe. Because of that, many…

Former West Palm Beach Mayor Nancy Graham Facing Criminal Charges

During the 1990's, many people credited the revitalization of downtown West Palm Beach, Florida to then-Mayor Nancy Graham . Graham's fortune has changed for the…

11 More Frequently-Asked Questions About Sealing Your Record in Florida

I recently posted an article entitled "11 Frequently-Asked Questions About Sealing Your Record in Florida." In that article, I noted that the Florida Department of…

Be Careful About Where You Leave Your Trash!

If you think that the police cannot search your trash simply because you put it into your garbage can and place it in front of your home to be picked up by trash…

11 Frequently-Asked Questions About Sealing Your Record in Florida

If you would like to get your record sealed or expunged in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth,…

Where Can You Live in Florida if You Are a Registered Sex Offender?

The Florida Department of Law Enforcement website answers the question regarding where registered sex offenders and sexual predators may live in Florida as follows:…

Florida's New Marijuana Grow House Law

If you have been charged with a drug crime in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana, North…

So What If the Police Knock Down Your Door!

Florida statute section 933.09 --sometimes called Florida's version of the so-called knock-and-announce rule--states that a police officer "may break open any…

Alaska Supreme Court Declares Sex Offender Registration Law Unconstitutional

On July 25, 2008, the Alaska Supreme Court declared Alaska's Sex Offender Registration Act unconstitutional . In a blog that I posted on this website on June 5,…

You May Have Been Charged with Grand Theft But Can the Prosecutor Prove It?

According to Florida statute section 812.014 , it is a third-degree felony in Florida for a person to steal property that is valued at $300.00 or more but less than…

Is Your Probation Officer Exceeding His or Her Authority?

When a person is placed on probation in Florida, the sentencing judge orders the person being placed on probation (the probationer) to complete certain conditions;…

How to Avoid Sex Offender Registration

Anyone who is a registered sex offender or a registered sexual predator in Florida should read Florida statute section 943.04354 which is entitled "Removal of…

How to Get a Criminal Charge Dropped

Florida statute section 948.08 and section 948.16 pertain to what are called "pretrial intervention programs." If someone has been charged with a crime in…

10 Requirements for Sex Offenders Who Are on Probation

Many people agree to go on probation for sex offenses without knowing how strict the conditions of probation are for sex offenders in Florida. In many cases, it is…

National Law Journal: Challenges Grow Over Sex Offender Laws

The following story (subscription required) appeared in the Monday June 9th edition of the National Law Journal : Challenges grow over sex offender laws Welter of…

Federal Judge with Pornographic Website

The following article appeared in the National Law Journal regarding a federal appeals judge who, until just recently, maintained a pornographic website: Experts…

Sex Offender Registration: Is It Punishment?

Florida statute section 943.0435 states that sexual offenders must register with the Florida Department of Law Enforcement (FDLE), and Florida statute section…

U.S. Supreme Court Gives Police More Authority to Search People

In the recent case of Virginia v. Moore , the United States Supreme Court ruled that the police did not violate the fourth amendment's prohibition against…

7 Frequently Asked Questions in Florida DUI Cases

1. What do police officers look for before stopping a driver who they think might be intoxicated? According to the National Highway Traffic Safety Administration ,…

Philadelphia Police Caught on Tape Beating Suspects

Just in case you thought that police beatings stopped with Rodney King, check out this videotape recording which shows numerous Philadelphia police officers pulling…

Top 20 Death Penalty States

According to the Death Penalty Information Center , Texas leads all other states in the total number of individuals that it has executed since 1976. The breakdown…

Top 20 Death Penalty States

According to the Death Penalty Information Center , Texas leads all other states in the total number of individuals that it has executed since 1976. The breakdown…

Wife Convicted of Involuntary Manslaughter After Falsely Accusing Her Husband of Murder

Unfortunately, we are often inclined to automatically believe the accusations that others make without first checking out their story. The inevitable result is that…

19 Types of Drug Paraphernalia in Florida

According to Florida law , the term "drug paraphernalia" includes many different types of devices that can be used to consume or to make controlled…

Hometown News: Murder trial ends in sentences for two defendants

The following story appeared April 25, 2008 in the Palm Beach County edition of Hometown News : By Michelle Gentile Staff writer JUPITER — A co-defendant in the…

11 Crimes that Will Cause Your Driver's License to be Suspended in Florida

If you are convicted of certain crimes and you have a Florida driver's license, your license will be suspended by the Florida Department of Highway Safety and Motor…

36 Crimes that Cannot be Sealed or Expunged in Florida

Your criminal history record cannot be sealed or expunged in Florida if you were found guilty by a judge or pled guilty or nolo contendere (no contest) to certain…

Hometown News: Jury selection in Jupiter murder trial to start

The following story appeared April 4, 2008 in the Palm Beach County edition of Hometown News : By Michelle Gentile Staff writer JUPITER - For the first time since…

Why Aren't All DUI Investigations Videotaped?

Why aren't all DUI investigations videotaped? Perhaps it's because police departments across the country are afraid that such a practice might result in more jury…

False Accusations and Self-Inflicted Injuries

The Fall 2007 edition of the Florida Defender, a publication of the Florida Association of Criminal Defense Lawyers , contains an article entitled "False…

Adjudicated Guilty Versus Adjudication Withheld: It's Important to Know the Difference When Trying to Seal Your Criminal Record

If you would like to get your record sealed or expunged in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth,…

Drugs in Automobiles: Who's Guilty?

When the police search a car and find drugs such as marijuana or cocaine, the person located closest to the drugs is often arrested even though there were other…

Attorney-Client Privilege and Insurance Companies

I frequently represent people who have been charged with committing traffic crimes that involved an accident (for example, DUI manslaughter or leaving the scene of…

The Florida Legislature Rejects the Mandatory Recording of Police Interrogations

On December 8, 2007, I posted a blog entitled "Police Interrogations Should Always Be Tape Recorded." Around that same time, an article appeared in the…

Have You Been Entrapped?

Entrapment occurs when the police, or someone working for the police, cause a person to commit a crime using methods that create a substantial risk that the crime…

Are the Police Allowed to Lie to Get You to Confess?

The answer is yes, the police are allowed to lie to you to get you to confess. The law in Florida is that the use of tricks or factual misstatements by the police…

Being Handcuffed by the Police Doesn't Necessarily Mean You're Under Arrest

Just because the police handcuff you does not necessarily mean you're under arrest. That's what the Florida Supreme Court ruled in a case called Reynolds v. State…

Can a Judge Revoke Your Bond Whenever He Wants to?

If you have been arrested in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana, North Palm Beach, Palm…

DUI and Miranda Warnings

On February 10, 2008, I posted an article entitled "When Are Miranda Warnings Required?" In that article, I stated that the police are required to give a…

Students, Be Careful What You Take to School

For several years it has been the law in the United States that if the police illegally seize someone, then any contraband that the police find on that person--such…

When Are Miranda Warnings Required?

Many people who have grown up watching TV mistakenly believe that the police must always give a person Miranda warnings as soon as they begin speaking with him.…

DUI and Work Permits

Many people who are convicted of DUI are eligible to obtain a work permit while their driver's license is still suspended. Florida statute section 322.271…

DUI and Driver's License Suspensions

If a person is convicted of DUI in Florida, his driver's license is suspended by the Florida Department of Highway Safety and Motor Vehicles . How long his license…

DUI and Fines

The amount of fine in a DUI case depends upon such things as whether the person has any prior convictions for DUI, whether the person's blood-alcohol level or…

DUI and Jail

The amount of jail time that a judge can sentence a person to in DUI cases depends upon such things as whether the person has any prior convictions for DUI, whether…

Florida Lawyers Blog Watch

A new website called Florida Lawyers Blog Watch has been designed to track the latest online commentary by 36 different lawyers currently blogging in Florida. This…

Finding Empathetic Jurors

"Empathy" is defined as "the intellectual identification with or vicarious experiencing of the feelings, thoughts, or attitudes of another."…

Leadership Traits are Important When Selecting Jurors

When selecting a jury, it is very important that a lawyer learn which potential jurors have leadership responsibilities at their jobs because such jurors frequently…

Smoking Can Be Hazardous to More Than Just Your Health

If a police officer stops your car for, say, speeding and then smells an odor of marijuana when he walks up to your car window, Florida law states that that officer…

When the Police Come Knocking

Florida law states that the police may break open a door leading into a home if: The police have a warrant. The police announce who they are and what they want. The…

Keep an Eye on Your Watch When the Police Stop Your Car

The law throughout the United States is that the police may not detain an individual whom they have stopped for any longer than necessary to accomplish their reason…

Capital Punishment in Texas and DNA Testing

Since the reimposition of the death penalty in the United States in 1976, 1,029 people have been executed (as of March 2007). Over one-third of those have been…

Suspension of Your Driver's License in a DUI Case

When a person is charged with DUI in Florida, there are two different ways for that person's driver's license to become suspended: 1. The Florida Department of…

Suspension of Your Driver's License in Drug Cases

I am sometimes contacted by individuals who have been charged with the crime of possessing less than 20 grams of marijuana. In Florida, that crime is a misdemeanor.…

Is Lethal Injection Unconstitutional

Is Lethal Injection Unconstitutional? The United States Supreme Court is set to decide this very important question. The following article discusses the death…

Sealing Versus Expunging Your Criminal Record

I often receive telephone calls from people asking if I can help them get their criminal record expunged . I ask them if they are eligible to have their criminal…

Mistaken Identification | Wrongful Conviction | DNA

The following story appears in the Palm Beach Post newspaper. Although it originates in South Florida, the story could happen anywhere. DNA TESTING ON TRIAL By…

No-Contact Orders Can Be Modified

Sometimes when a man is arrested for the crime of domestic battery in Palm Beach County Florida, the judge who sets his bond orders him to have no contact with the…

Crack Cocaine Amendment to be Applied Retroactively

Earlier this month, the U.S. Supreme Court ruled that the federal guidelines on sentencing for cocaine violations are advisory only, rejecting a lower court ruling…

Disparity in Sentencing for Crack Cocaine Offenders: the U.S. Supreme Court Speaks

BODY: I previously authored a post entitled " Disparity in Sentencing and Crack Cocaine ." Earlier this month, the U.S. Supreme Court addressed this same…

Can You Bond Out of Jail if You Are Arrested for Assault and Battery in Florida?

If you are arrested for domestic battery in Palm Beach County Florida, the good news is that you will probably be able to get out of jail either by paying a…

Jury Gets Scam Case Involving Millions

FORT PIERCE — A jury deliberated for more than four hours Wednesday and will return today to mull the fate of two men accused of orchestrating a complex scheme that…

Police Interrogations Should Always be Tape Recorded

All police interrogations should be tape recorded so that there is an accurate record of what was said both by the suspect and by the police. The following story…

Sex Offenders: Where Can They Live?

Where can convicted sex offenders live? This is becoming an increasing problem as laws are continually being passed that limit where convicted sex offenders can…

What is the "Ten Day Rule" in Florida DUI Cases?

What is the "Ten Day Rule" in a Florida DUI case? That is the rule which says that if you have been arrested for DUI in Florida and you refused to blow into a…

Mistaken Identification Results in Yet Another Wrongful Conviction

Just this last week, still another story appeared in the news about a man who was a victim of mistaken identification. That mistake resulted in his being wrongfully…

Getting Your Florida Criminal Record Sealed May Not Solve Your Problem

I frequently receive telephone calls from people stating that they need to get their Florida criminal record sealed or expunged because it keeps rearing its ugly…

If you are arrested in Florida, do you have to have a trial?

If you are arrested in Florida, do you have to have a trial in order to resolve your case? I am sometimes asked this question by clients who are understandably…

Sealing Your Record

I often get phone calls from people asking me if they can get their criminal record sealed or expunged in Florida because they are having trouble getting a job once…

When Can You Bond Out of Jail in Florida?

I sometimes get a frantic phone call from a wife or mother stating that one of her family members has just been arrested and asking whether her loved one will be…

Disparity in Sentencing and Crack Cocaine

In a previous blog posting, I argued for rationality in sentencing given the widespread problem of prisoner overcrowding in the United States generally and in…

Prisoner Overcrowding in Florida

Time Magazine These days, judges are handing out prison time like it's candy. I have personal knowledge of one case in which a person was convicted of kidnapping…

Dunbar Village Suspects Give Police Still More Evidence

As if confessions and DNA weren't enough evidence in the Dunbar Village rape case, it has now come to light that the police have seized letters from one of the…

Reasons Why We Shouldn't Have a Death Penalty

A few years ago, the Governor of Illinois imposed a moratorium on the death penalty in that state because of his well-founded fear that wrongfully-convicted people…

DUI Lab Mistakes Cost Innocent People Plenty

This is the problem with breath-testing machines in Florida DUI cases: a couple of numbers are spit out of a machine that very few people understand. Those numbers…

Florida Assault and Battery Lawyer Answers Your Questions

One thing is certain: when the police are called to an assault and battery in Florida, someone is going to get arrested, and it's almost always the man. When that…

10 Things to Look for (and Avoid) when Hiring a Florida Criminal Attorney

There are many things to consider when hiring a Florida criminal attorney. The following is a list of some (but by no means all) of the things that you should…

Drug Laws Lead to Absurd Results

Federal drug laws can sometimes lead to paradoxical results. Consider the following story from the Drug Law Blog : The United States Gets Tough on Methamphetamine…

I, The Juror

Globe reporter Gary Greenberg gives his impressions as a juror in a criminal trial where Ron Chapman served as the defense counsel. [ See a PDF copy (8MB) of the…

Ex-Business Partners Facing Fraud Charges

FORT PIERCE ˜ Leonard Bogdan was either the head of a complicated scheme to fleece investors out of millions or a poor manager who tried but couldn't revive a…