A former Florida college student’s decision to speak with a detective regarding two alleged sexual assaults he allegedly committed at a party the night before will be used against him in court. Initially, the trial court granted a defense motion to suppress those statements, meaning they couldn’t be used in…
Fort Lauderdale Criminal Attorney Blog
Drug-Free Zone Law Challenged in Florida’s 4th DCA
Drug-free zone laws in Florida are designed to make children and communities safer by limiting sales of illegal substances near schools, daycare centers, parks and churches. Per Florida Statute Section 893.13(1)(e), those caught selling certain narcotics within 1,000 feet of such facilities could face penalty enhancements. In some cases, it…
Branson v. Rodriguez-Linares – Domestic Violence Injunction for Cyberstalking
A domestic violence injunction is intended in Florida as a means of protecting individuals from harm by those who have previously shown aggression or other dangerous tendencies. Most often, people think of injunctions or restraining orders as being granted when a paramour physically attacks his love interest. It’s true this…
Parker v. State – Florida Drug Conviction Overturned Due to Improperly-Admitted Gun Evidence
A defendant convicted of multiple drug charges in Fort Lauderdale has had that conviction reversed, and the case remanded for retrial, on the grounds that prejudicial evidence was admitted into in error. Further, Florida’s Fourth District Court of Appeal found the trial court erred in a number of rulings that…
Villalobos v. State – Florida DUI Manslaughter Conviction Reversed
In a case in which a traffic death is alleged to have been caused by a drunk driver, it’s imperative for the accused to secure an experienced attorney dedicated to relevant challenges at every phase in the process. One of the most important phases is voir dire, in which lawyers…
Romanyuk v. State – Florida Prescription Drug Conviction Overturned
Florida’s Second District Court of Appeal recently found in Romanyuk v. Florida that a trial court wrongly denied jury instructions requested by the defense in a prescription drug criminal case. The case resulted in a conviction, which per the new ruling is now reversed. Our Broward criminal defense lawyers see…
State v. Teamer – Vehicle Color Discrepancy Not Grounds for Traffic Stop
Acquiring a new paint job on your car isn’t grounds for police officers in Florida to pull you over. This might seem a common-sense conclusion, but it was one recently decided by the Florida Supreme Court in State v. Teamer, where officers tried to use such logic to justify a…
Tolbert v. State – Wrongful Admission of Firearm Evidence Sends Case Back to Court
It’s been estimated by the Pew Research Center that some 37 percent of Americans – or more than one-third – own a firearm or have a firearm in their home owned by someone else. While the laws governing their use, sale and storage have become more restricted over the years,…
U.S. Supreme Court: Warrant Needed for Cell Phone Search
In May, the Florida Supreme Court issued a ruling in Smallwood v. Florida in which justices held police in this state would need a warrant before searching a person’s cell phone. Now, in a new decision handed down by the U.S. Supreme Court, the same is true nationwide. Our Fort…
Constant v. State – 3rd DCA Remands Single-Witness Case Back for Trial
Fort Lauderdale criminal defense lawyers have long known that eyewitness identifications in criminal cases are fraught with all kinds of potential problems. Setting aside those who have motivation to lie, memory errors are a major issue when someone’s reputation and future is at stake. Extensive research by legal and psychology…