Florida is fairly permissive with regard to firearm purchase and possession, but there is a major exception: Felons. In the state of Florida, it is illegal for those convicted of felonies to possess firearms and/or ammunition. There are two general exceptions to this. The first is when a convicted felon…
Fort Lauderdale Criminal Attorney Blog
Penalties for Florida DUI Manslaughter Widely Vary
If you kill someone in a drunk driving accident in Florida, you will serve prison time if convicted. But how much time may come down to a number of factors, which include not just the individual facts of the case, but the disposition of the survivors, the strength of your…
Tucker v. Florida – Stale Information in a Search Warrant
In a criminal investigation, if law enforcement waits too long following the issuance of a search warrant to make an actual search or if they wait to long to act on certain information pertaining to a criminal act, the warrant or information could be deemed “stale.” That means even if…
Florida DUI Motion to Suppress Blood Test Results Reversed
Florida’s 5th District Court of Appeals ruled recently the trial court in Florida v. Kleiber incorrectly applied the strict compliance standard in granting a DUI defendant’s motion to suppress blood test evidence. DUI blood test evidence is critical in any case wherein a person is alleged to have driven drunk.…
Arrest on Cruise Ship for Battery of a Minor
Millions of people flock to Florida and its surrounding waters for an escape from the daily grind. But for some, the “vacation mindset” leads to lowered inhibitions and the assumption that consequences won’t be forthcoming. However, as one Ohio man learned recently, one doesn’t evade the law simply because a…
Driver Sentenced 30 Years for Crash That Killed Five
Back in 1996, a man in West Boca caused an auto accident that resulted in the deaths of five Boca Raton teenagers. The following year, he would receive a 15-year prison sentence. Three years later, another man in West Boca killed six senior citizens in a crash. He too would…
DUI Manslaughter Arrest in Pompano Beach Crash
Statements made to police detectives from a hospital bed will make it difficult for a man to build a solid defense following a fatal car accident in Pompano Beach in June. The decedent in the case was working with one other as a driver/delivery person on a car hauler. The…
Bretherick v. Florida – Stand Your Ground Immunity is Defense Burden
The Florida Supreme Court has once again taken on the issue of the controversial “Stand Your Ground Law,” ruling explicitly that the burden is on the defendant to prove he or she is entitled to immunity under this statute. In Bretherick v. Florida, defendant had argued the onus was on…
Cohen v. Florida – Phone Call Gets Man 25 Years Prison
Violations of probation in Florida can be extremely serious matters. Many criminal cases are resolved through plea agreements that offer plaintiff an opportunity to avoid a lengthier jail or prison term by submitting to community control (i.e., probation). However, a person who does not abide by the terms of that…
Parents Criminally Charged When Children Access Guns in Florida
A father in Davie recently came under police scrutiny after he allegedly shot his 12-year-old daughter on accident while teaching her about gun safety. Police decided ultimately not to arrest him. The girl was admitted to a local hospital with a gunshot to her left forearm, and the injury wasn’t…