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…
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…
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.…
Historically, courts have given a broad leeway to police officers when it comes to traffic stops, often granting a greater weight to public safety than to the rights of the accused. However, these powers are not limitless. If a police officer didn’t at the very least have reasonable suspicion of…
Florida voters are on the verge of determining whether marijuana should be legal in this state for medicinal purposes, as so far 21 other states and D.C. have done. It’s important to note that such a measure wouldn’t make driving while intoxicated legally acceptable under any circumstances. This is why…
The law recognizes that in any traffic stop, the balance of power is skewed in favor of the police. This is why there are very specific legal protections in place for those who are the subject of these stops. When police fail to follow the rules, it could mean that…
Colorado, one of just two states in the country to approve the use and sale of marijuana for recreational purposes, also has one of the strictest drugged driving laws in the nation, holding that the presence of 0.5 nanograms of pot in one’s system necessitates a DUI. The state’s department…
It’s not unusual in Fort Lauderdale domestic violence cases for prosecutors to offer defendants a plea “deal.” However, experienced criminal defense lawyers know that all too frequently, these offers are not advantageous to the accused – particularly when there may be grounds to have the charges significantly reduced or dismissed.…
Nearly two years ago, the U.S. Supreme Court ruled that law enforcement’s installation and use of a Global Positioning System (GPS) tracking device is a “search” generally subject to the Fourth Amendment’s warrant requirement. But a federal appeals court recently decided that the failure of police to obtain a search…
A Florida appeals court has applied the state’s “Stand Your Ground” law to throw out second-degree murder charges against a man who shot two other men outside an Opa-locka Chili’s in 2008. The case exposes the trouble state judges are having in applying the controversial law, and emphasizes the need…