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…
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…
Florida arrests that begin with probable cause searches initiated by the “sniff test” (i.e., detecting the distinct aroma of cannabis) may be no more. For that, we can thank the 2018 U.S. Farm Bill legalizing hemp and its derivative CBD (cannabidiol), as well as the Florida statute that followed to…
Florida has one of the broadest public records laws in the nation, which means one of the most powerful bargaining chips Florida prosecutors have – particularly in sex offense cases – is shame. There are the initial mugshots, incident and arrest reports and identifying details all available for public release…
Florida DUI defense attorneys know that a key part of due process in these cases from the very beginning is that if police want to secure blood from a suspect who is unwilling, they’re going to need a warrant first. Of course, there are exceptions, which the U.S. Supreme Court…
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…
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…
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…
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…
If you are questioned by police in connection with suspicion of a crime, should you talk? What if you’re innocent? Even if you aren’t, won’t it look worse if you refuse to cooperate? As a Fort Lauderdale defense lawyer, we generally assert that where possible, communication with law enforcement in…