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…
Articles Posted in Fort Lauderdale criminal defense lawyer
Does a Drug-Sniffing Dog Outside Your Door Violate 4th Amendment Search Rights? U.S. Supreme Court May Weigh In
Is a sniff a search? It seems that may be a constitutional question for the U.S. Supreme Court. Justices are considering whether to grant review in the case of Edstrom v. Minnesota. The case, as our Fort Lauderdale criminal defense attorneys understand it, turns on the issue of whether trained…
Florida Drug Crime Reform: Lawmakers Seek Greater Judicial Discretion
Florida state lawmakers are mulling drug crime reform, specifically a series of bill that include provisions allowing judges more discretion for sentences that currently require minimum mandatory sentencing and increases of substance abuse treatment funds. The chances signal a turn away from the hard-line stance so many lawmakers took in…
Future of Florida’s Death Penalty Uncertain as Past Cases Reviewed
The Florida Supreme Court – for the second time in as many months – ruled the state’s death penalty law is unconstitutional and can’t be applied to prosecutions that are pending. Effectively, that means death penalty murder trials are on hold for now. The ruling was handed down in a…
Marijuana Grow Arrests Will Continue Despite Medical Marijuana Legalization
Florida voters overwhelmingly agreed that medical marijuana should be legal in the Sunshine State – but don’t expect cultivation and possession arrests to drop off any time soon. Amendment 2, in favor of access to medicinal cannabis for those with certain serious illnesses, received a groundswell of support from the…
Prosecutorial Misconduct by Withholding Evidence Now a Felony in California
Prosecutors in California who withhold exculpatory evidence or tamper with evidence in a criminal case will now face felony charges themselves. The recent law, signed by that state’s Governor Jerry Brown, allows a penalty of up to three years’ prison time for prosecutors who withhold evidence that defendants could use to…
Liquid Anti-Crime Tool Draws Mixed Reviews From South Florida Police
It’s touted as a smart way to identify alleged thieves, drive down property crimes and return stolen possessions. It’s a spray called SmartWater CSI, and it’s a liquid that glows under ultraviolet light. The liquid is intended for spray on property or intruders, and it leaves a residue that is detectable…
Utah v. Strieff – U.S. Supreme Court Expands Lawless Searches
In a contentious 5-3 ruling, the U.S. Supreme Court in Utah v. Strieff ruled in favor of a cop who seized drugs after an unlawful stop. It was only after that stop the officer learned the defendant had an outstanding traffic warrant. After making an arrest, the officer searched defendant and…
Miami Woman Kills Teen Burglar, Charges Mulled
The state attorney is considering whether to charge a Miami woman with murder after she gunned down a burglar on her property. Florida has one of the strongest “Castle Doctrine” laws on the books, which allow homeowners to use lethal force against those who unlawfully enter their homes. The law does…
Florida Child Neglect Arrest of Allegedly Drunk Father
Parenting is no easy feat, as any caregiver can attest. However, anytime one assumes the responsibility of caring for a child, failure to provide certain basic services and protection can result in criminal charges – namely, child neglect. Unlike child abuse, which involves actively inflicting physical or mental injury on…