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Articles Posted in criminal defense attorney

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South Florida Defense Attorney’s Take: When One Defendant’s Trash is a Prosecutor’s Treasure

The saying goes that one man’s trash is the next man’s treasure, basically meaning that we all place different value on material goods. But in the case of a South Florida defense attorney, it’s more likely to refer to the fact that you’re literal trash may be the treasure of…

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Florida Criminal Defense Lawyer: When is Case Delay Worthy of Dismissal?

If you are accused of a crime in Fort Lauderdale, you are guaranteed the right to a speedy trial. That means that criminal cases can be successfully dismissed if there are prosecutorial delays that violate a defendant’s due process right to a speedy trial. But what is the exact period…

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Appeal Waiver in Criminal Plea Bargain at Issue in Case Before SCOTUS

Plea bargains, as Fort Lauderdale criminal defense attorneys can explain, have rapidly become the standard resolution in most criminal cases, both at the state and federal level. The U.S. Supreme Court estimates more than 9 in 10 federal and state criminal cases are resolved by plea bargain. This rise has…

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Florida Criminal Defense Lawyer View: Smartphones and 5th Amendment

Eyes may be “windows to the soul,” but could it be said that smartphones contain the “contents of our minds”? That’s what one criminal defense attorney recently argued before a state appellate court, asserting that police investigators executing a search warrant on her smartphone – and prosecutors’ effort to hold…

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Florida’s Medical Marijuana Law Doesn’t Make Trafficking Legal

Marijuana became legal in Florida for limited medicinal purposes last year, and a number of communities have been decriminalizing possession (or at least giving law enforcement discretion in whether to arrest or issue a civil citation). However, there are strict limitations on how far these laws go, and they won’t…

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Interviewing Suspect Absent Defense Lawyer Results in Tossed Conviction

Criminal defendants in Florida have the right to a defense attorney in any criminal proceeding. It’s one of the fundamental rights guaranteed by the U.S. Constitution (the Sixth Amendment in particular), with the U.S. Supreme Court applying this right to state-level criminal proceedings in the 1963 case of Gideon v.…

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Amid Immigration Crackdown, Strong Criminal Defense More Important Than Ever

There is an inherent interplay between criminal and immigration law that has recently come under an intense spotlight since the Trump administration has taken a hard line on immigration policies,. This includes aggressive action by immigration authorities to initiate proceedings against those with decades-old criminal convictions for non-violent crimes. In…

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Broward Law Enforcement Leads State in Red Flag Law Gun Seizures

Under Florida’s controversial new “red flag” law, passed after the deadly shooting at a Parkland High School, law enforcement agencies in Broward lead the state in arrests for violations. The Red Flag gun law was passed March 5th, designed to allow local law enforcement agencies to seize weapons from individuals…

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Florida Opioid Death Defendants Face Manslaughter or Murder Charges

As Florida – and the rest of the country – have been grappling with a crisis of opioid addiction, law enforcement and prosecutors have been pursuing criminal action against those who make these drugs available. Drug-dealing has never been legal, but increasingly, prosecutors are going after doctors, pharmacists and others…

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New Florida “Red Flag” Law Allows Police to Seize Guns, Arrest Those Who Refuse

Following the mass shooting at a South Florida high school in February, Florida became the sixth state to pass a so-called “red flag law,” something numerous other states are also examining.  Sometimes also referred to as a “risk warrant law,” this measure approved by state legislators last month give police…

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