Tag Archives: Miami Criminal Defense Attorney
Can Florida Police Search Your Car’s “Black Box” Without a Warrant?
Most of us carry a smartphone everywhere. You may not realize it, but these portable computers track your every movement and activity. This data can prove useful to law enforcement looking for evidence of criminal activity. Which is why it is important for courts to define the boundaries of police searches of any device… Read More »
What Happens When a Court Does Not Give a Defendant a “Speedy” Trial?
If you are charged with a felony or misdemeanor and awaiting trial, you understandably want your case resolved as quickly as possible. Indeed, the Sixth Amendment to the United States Constitution guarantees all criminal defendants the right to a “speedy” trial. But what exactly does “speedy” mean? Miami Man’s Conviction Reversed Due to Yearlong… Read More »
What Justifies a Police Officer’s Suspicion of Drunk Driving?
A legal question that often arises in Florida DUI cases is whether a police officer had “probable cause” to stop a driver. The police cannot simply pull over someone because they have a hunch the driver is drunk. There must be some factual basis for the stop, such as the officer observing the driver… Read More »
The Consequences of a False Domestic Violence Charge
Domestic violence laws exist to protect individuals from physical abuse by a spouse or partner. Unfortunately, many people use domestic violence laws to commit what amounts to court-ordered abuse against their ex-partner. Men are frequently the victims of this type of attack, as some women choose to make false domestic violence allegations in order… Read More »
Can You Be Denied an Attorney in a Florida Criminal Case?
If you are facing jail time for a criminal offense, you might just assume you have the right to the assistance of a criminal defense lawyer. After all, doesn’t the Constitution protect the right to counsel? It turns out the answer is, “Not in all cases.” The Florida Supreme Court recently addressed the right… Read More »
Domestic Violence Charges No Excuse for Taking Judicial Shortcuts
If you have been accused of domestic violence, you have the same rights as anyone else accused of a crime. It is not enough for an accuser to present unsubstantiated allegations. Before granting a domestic violence protection order, a judge must determine there is “competent, substantial evidence” supporting the accusation. You also have a… Read More »
Protecting the Due Process Rights of Persons Accused of Domestic Violence
Domestic violence laws are designed to protect women, children, or anyone else suffering from the effects of abuse at the hands of a family or household member. A Florida court may issue a permanent injunction for protection against an individual when there is evidence presented of domestic abuse. But the law must also protect… Read More »
What To Do If You Have Been Arrested
If you are detained by police officers in Florida, you will probably feel powerless and uncertain about what to do, whether it is a DUI charge or a drug crime. You should have an action plan ready, and you should understand what you may face. How to Tell If You Have Been Arrested In… Read More »
NFL Players Accused of Domestic Violence Return to the Field
The legal system provides several mechanisms of support for victims of domestic violence, including restraining orders, injunctions for protection, and a Batterer’s Intervention Program. Accusations of domestic violence can lead to the alleged perpetrator losing custody of their children, receiving less money in a divorce, or even being deported. As a result, the law… Read More »