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Fort Lauderdale Criminal Attorney Blog

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Report: Florida Cornerback Avoids Criminal Charges for DUI Hit-and-Run

In the wee hours of the morning in early October, the starting cornerback at Florida State University was returning from a celebration of his team’s victory. Meanwhile, in the opposite direction, a teenager was returning home from his shift at the Olive Garden. The football player reportedly entered the oncoming…

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Florida Domestic Violence Arrests Up Over Holidays

The number of domestic violence reports, arrests and shelter resident counts increase every year around the holidays. Experts who study the issue point to a number of potential factors: More frequent bouts of depression, loneliness, family tension, alcohol consumption and more time spent indoors and at home. It’s also a…

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Florida v. Henderson – Court Rejects 4th DUI as “Isolated Incident”

A woman arrested for her fourth DUI while still on probation for the third had not committed an “isolated incident” warranting a downward departure on sentencing, Florida’s Fifth District Court of Appeal ruled recently. It was the second time the case of Florida v. Henderson had been before the appellate…

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Long v. Florida – Felony Conviction Reversed for Inherent Prejudice of Jury

It’s inevitable that everyone carries their own personal feelings, attitudes and beliefs which color their perceptions of the world around them. Jurors are no different. It is expected that attorneys and judges, though the voire dire process, will be able to identify some of those biases and determine as best…

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Florida, Ohio Issue Conflicting DUI Breathalyzer Rulings

Florida and Ohio courts both recently were tasked with weighing the viability of breathalyzer results as key evidence in criminal cases alleging driving under the influence of alcohol. Both courts came up with different answers. The news isn’t good for those arrested for DUI in Florida. In Vuong et al.…

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Florida Supreme Court: Real-Time Cell Phone Tracking Without Warrant Illegal

The Florida Supreme Court has ruled that real-time cellular phone site data is protected under Fourth Amendment privacy provisions. That means if officers don’t have a warrant to track your cell phone signal in real time, they can’t legally do it. This clarifies privacy protections that were previously in question,…

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Anucinski v. Florida: State Supreme Court Remedies Improper Theft Convictions

Defendants can face theft and dealing in stolen property charges in connection with the same incident. However, Florida Statute 812.025 only allow defendants to be convicted of one of those two charges, when the alleged offenses are committed in connection with a single scheme or course of conduct. However, appellate…

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