An appellate judge for the Fourth District Court of Appeal says he sees a recurring problem in Florida criminal cases when it comes to hearsay. Specifically, it’s being confused with the Confrontation Clause of the Sixth Amendment to the U.S. Constitution, and therefore subject to being weighted more heavily by…
Articles Posted in Criminal Defense Attorney
Court in Gang Criminal Case Orders Social Media to Release Private Posts
In an unprecedented move that not only greatly concerns criminal defense lawyers but also prosecutors and free speech advocates, the California Supreme Court in a gang-related murder trial has ruled that attorneys can subpoena private social media posts pertinent to the case. Interestingly, the request for production of those records…
CBD is Legal in Florida Now… Right? Palm Beach Police Say Not So Fast
Cannabidiol oil, better known as CBD, is touted in Florida stores as a means to alleviate anxiety and depression. But a dose of it with a little too much THC could have you feeling a different kind of anxious – in a South Florida jail cell. Criminal defense attorneys in…
Footage From Police-Gifted Doorbells Are Being Used for Surveillance
Police call it a “modern-day neighborhood watch,” a proliferating network of surveillance cameras affixed to the doorbells of private residences. Florida criminal defense lawyers are increasingly wary, citing concerns about privacy – especially because police from here to Houston have been “gifting” these devices to homeowners – using taxpayer money…
Summer Parties Lead to South Florida Arrests for Underage Alcohol Possession, Service
It’s summertime, school’s out (or soon-to-be) and throughout South Florida, teens and young adults are celebrating – fairly often with substances they aren’t legally allowed to have or consume (namely, alcohol). As Fort Lauderdale criminal defense attorneys can explain, these scenarios can result in several different criminal charges: Unlawful possession…
No Easy “Get-Out-of-Jail-Free” Cards, But Fort Lauderdale Defense Lawyers Beneficial at Bail Hearings
Cash bail has long been integrated into the Florida criminal justice system as a means of assuring those released from jail post-arrest/pre-trial show up to court, and that risk to the community is minimized. But criminal justice reform advocates, like those at the ACLU, are calling for an end to…
Report: South Florida Cops Have Used Sneak-and-Peek Cameras for Years
The intense media spotlight of the vigorous Florida criminal defense case being mounted following the Boca Raton prostitution arrest of billionaire NFL team owner Robert Kraft has revealed some interesting facts about South Florida police use of secret surveillance cameras. One of the main takeaways for those facing criminal charges…
When Am I Entitled to a “Free” Criminal Defense Attorney?
In both federal and state criminal cases and even some civil case, the law (thanks to the U.S. Supreme Court decision 55 years ago in Gideon v. Wainwright) affords defendants the right to representation by a criminal defense attorney – even for misdemeanors. It is only when the individual is…
South Florida Defense Attorney’s Take: When One Defendant’s Trash is a Prosecutor’s Treasure
The saying goes that one man’s trash is the next man’s treasure, basically meaning that we all place different value on material goods. But in the case of a South Florida defense attorney, it’s more likely to refer to the fact that you’re literal trash may be the treasure of…
Florida Criminal Defense Lawyer: When is Case Delay Worthy of Dismissal?
If you are accused of a crime in Fort Lauderdale, you are guaranteed the right to a speedy trial. That means that criminal cases can be successfully dismissed if there are prosecutorial delays that violate a defendant’s due process right to a speedy trial. But what is the exact period…