A lot of arrests start out as something smaller. It could be a traffic stop or an officer stopping someone on foot to ask them questions. The law in Florida says that the police must have a “reasonable suspicion” of criminal activity before they stop you. If they did not,…
Articles Posted in Firearms and Weapons Offenses
Discovery Violations by Prosecutors and Richardson Hearings in Florida
Many procedural details go into the pretrial, trial, and post-conviction phases of presenting a defense. It is important to have a Tampa Bay criminal defense lawyer who is fully immersed in the knowledge of all of these details, as any one of them may be the key you need to…
When Police in Florida Can — and Can’t — Perform a Warrantless Search of Your Possessions Following an Arrest
Certain types of alleged crimes — namely, drug and/or weapon charges — frequently arise from evidence that the police seized in a search performed without a warrant. The law generally falls on the side of disallowing warrantless searches, but the law also has many exceptions that the state can use…
Weapons Crimes and Sentence Enhancements for Repeat Offenders
Weapons crimes often can come with strict sentencing rules including, in some circumstances, sentence enhancements. If you are facing such a possibility, it is vital to have a skilled Tampa Bay criminal defense lawyer on your side to help you establish that you do not qualify for the enhanced sentence…
When the Police in Florida Can — and Can’t — Search You Without Your Consent Based on a Non-Criminal Traffic Violation
Drug and weapons offenses represent some of the most commonly charged crimes in Florida. According to the FBI, drug crimes are the #1 basis for arrests, representing nearly 1 in 7 (14%) of all arrests. Sometimes, the way the police go about obtaining the proof necessary to make those arrests…
How the Exclusion of a Defense Expert Witness Led to the Reversal of a Miami-Area Man’s Criminal Negligence Conviction
In the law, the vast majority of issues are colored in shades of gray. That’s why a knowledgeable Tampa Bay criminal defense attorney may answer so many questions with “It depends.” One thing that is fairly cut-and-dried, though, is the wide latitude the law gives an accused person in putting…
Vehicle Air Fresheners in Florida: What a 16-Year-Old Ruling Says About When the Police Can (and Can’t) Pull You Over
Many criminal cases, including those here in Florida, begin not with a police search executed pursuant to a valid search warrant, but with a traffic stop. In a significant percentage of those cases, that initial stop was unlawful, which means that all the evidence obtained as a result of that…
A Woman Accused of Aggravated Battery Wins Her Appeals Court Case Based on Florida’s ‘Stand Your Ground’ Law
Florida’s “Stand Your Ground” law has been the subject of much commentary from TV talking heads, internet bloggers, and other “armchair attorneys.” Regardless of what one might think about the wisdom of the law, the fact remains that this law may, in the hands of a skillful Tampa Bay criminal…
Your Being at the Wrong Place at the Wrong Time Around the Wrong People Doesn’t Give the Police in Florida the Right to Do a Warrantless Search of Your Person
For many of us, Mom warned of the dangers of hanging around the “wrong crowd.” While associating with people with “checkered” pasts may have the potential to impact you negatively in some ways, simply being around people with legal issues is not, by itself, usually against the law. If you’ve…
Getting Key Evidence Suppressed in Your Florida Criminal Case Due to an Illegal Search by the Police
The Fourth Amendment to the U.S. Constitution is one of the most important constitutional protections afforded to citizens. That constitutional amendment protects citizens from unreasonable searches and seizures by law enforcement. For example, the police cannot simply pat you down and go rummaging through your pockets for no reason. In…