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Articles Posted in Criminal Defense

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New Florida Racing on the Highways Laws in Effect July 1, 2024

Starting July 1, 2024, the laws relating to Racing on Highways in Florida are changing.  The Florida legislature has increased the penalties and created new provisions that will affect anyone charged with this crime.       The crime of racing on the highways includes a lot of activities including racing,…

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Federal Safety Valve: The Supreme Court Dramatically Reduces Eligibility For Sentences Below the Minimum Mandatory in Federal Drug Offenses

In federal criminal courts, when a person is convicted of a drug offense with a minimum mandatory sentence provision, there are only two ways that allow a federal judge to go below that statutory minimum mandatory sentence: a 5K motion filed by the federal prosecutor if the client provides substantial…

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What if the State doesn’t give me a speedy trial?

Every person charged with a crime in the United States is entitled to a speedy trial.  This is a federal constitutional right guaranteed by the Sixth Amendment to the United States Constitution which states, [i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…” …

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When Can a Police Officer Make an Arrest on a Misdemeanor Without a Warrant in Florida?

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures.  Police officers can’t simply walk up to any citizen and detain or arrest that person.  There must be reasonable suspicion or probable cause that the person has, is, or is committing a crime in order to…

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Florida 5th DCA Holds That Officers Do Not Need to Obtain Valid Consent Before Requiring Field Sobriety Exercises Where There is Reasonable Suspicion of DUI

A major issue in DUI cases has not been fully fleshed out and has caused a lot of confusion among practicing criminal defense attorneys and judges.  When a driver is pulled over and the officer has reasonable suspicion that the driver is under the influence of alcoholic beverages or drugs,…

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Understanding the DUI Police Report

When a person is pulled over for driving under the influence (DUI), the arresting officer will prepare a police report, summarizing the reasons behind the arrest. These reports are important when it comes to prosecuting a DUI case, and they can be helpful for defense attorneys in evaluating the case…

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