When a traffic stop is predicated on illegal pretenses, everything police discover as a result becomes void and barred from the courtroom. This is the basis for the “fruit of the poisonous tree” legal doctrine, and our Fort Lauderdale criminal defense lawyers know that it is intended not only to…
Fort Lauderdale Criminal Attorney Blog
Brandon v. Florida – Admission of Hearsay Evidence Prompts New Trial
A Florida man convicted of possession of a firearm by a convicted felon will receive a new trial, following an appellate court’s finding that admission of a 911 transcript absent the testimony of the caller was erroneous. The burden of proof is always on the prosecution in criminal cases, but…
Smallwood v. Florida – Cell Phone Search Without a Warrant Unconstitutional
The Florida Supreme Court has determined that a police search of cell phone content without a warrant is unconstitutional. The case of Smallwood v. Florida establishes an important precedent in Florida that our Fort Lauderdale criminal defense lawyers hope will ensure greater constitutional and privacy protections for the accused. Although…
Kunkel v. Stanford – Challenging Florida Domestic Violence Injunctions
A domestic violence injunction is not as bad on your permanent record as a criminal domestic abuse conviction, but the person on the receiving end can still suffer serious consequences. As a public record, it can be viewed by anyone, even when the allegations aren’t proven. This can have a…
Violation of Florida Accident Report Privilege Sends DUI Case Back to Trial
A man convicted of felony DUI in Florida has been granted a new trial by Florida’s First District Court of Appeals, which ruled a violation of the state’s accident report privilege in Wetherington v. Florida was not harmless. For Lauderdale DUI defense lawyers recognize that this decision underscores the rights…
Fate of Florida DUI Offenders Rests in Lawmakers’ Hands
A 36-year-old with a long history of driver’s license suspensions and DUI convictions is facing yet another charge after Broward County Sheriff’s Office officials say he wrecked his motorcycle into a car while drunk in Fort Lauderdale. Based on the statement by the judge at his first appearance, it doesn’t…
Domestic Violence Accounts for 21 Percent of Violent Victimizations
A new report released by the U.S. Bureau of Labor Statistics indicates that nearly a quarter of all violent victimizations in the country – including rape, sexual assault, robbery and aggravated and simple assault – stemmed from a domestic situation. Analysts culled victim-offender relationship data from the National Crime Victimization…
Florida Supreme Court Clarifies Theft Charges
The Florida Supreme Court recently tossed appellate court rulings against individuals convicted of both grand theft and dealing in stolen property, finding that the lower courts erred in failing to apply a new Florida law barring conviction for both theft and stolen property when the charges relate to a single…
Court: DUI Blood Test Warrant Must be Substantive
Last spring, the U.S. Supreme Court ruled in Missouri v. McNeely that in all except for the rarest circumstances, police seeking to force you to submit a blood sample for the purpose of having it tested for its alcohol content must have a warrant. This was an important clarification in…
Fighting for Reduced Restitution in Fort Lauderdale Criminal Cases
In some Fort Lauderdale felony defense cases, the defendant can be ordered to pay restitution and compensation to any victims who may be involved. In traffic cases, if you are or were an insured driver, depending on your policy, it’s possible that your insurance company may cover your restitution costs.…