The state of Florida is one of 38 states that conducts random sobriety checkpoints. The U.S. Supreme Court approved such checkpoints if certain requirements are met. Just a few of those are: The location of the checkpoint must be published to the public, or the checkpoint must be clearly visible to drivers. It is legal … Read more
Domestic violence is a serious issue. The news media routinely reports on allegations of domestic violence that have been made against professional football players, famous athletes or actors. The public becomes outraged and decides the one charged must be guilty without waiting for a trial or resolution of the issue. There generally are serious consequences … Read more
You may be sitting around talking with your friend or friends. You all agree to sell a certain amount of a controlled substance. Under Florida law, you have just committed the criminal offense of conspiracy. In real life, state prosecutors likely will wait until one of you has done something to further the conspiracy. Such an … Read more
Receiving a phone call informing you that your child is in police custody is generally life-changing. Although your first impulse might be to let your child suffer the consequences of the bad behavior that led to the arrest and detention, you need to ignore that reaction. There are serious implications for a juvenile arrest, detention … Read more
If you are facing an assault or manslaughter one of the first things your criminal defense attorney will attempt to determine is whether the charges were as a result of self-defense. Florida also has a stand your ground defense and it is imperative you understand the difference between the two defenses. What is Considered Self-Defense? … Read more
In Florida, as in all other states, driving with a blood alcohol content (BAC) of 0.08 or greater is illegal. If law enforcement stops a driver on suspicion of driving under the influence (DUI), one common test they administer is a Breathalyzer. When you drink, the alcohol in your blood stream flows through your … Read more
If you are stopped for a suspected DUI in Florida, the police may tell you that you must submit to a blood test or risk losing your driver’s license. While Florida’s implied consent laws mean that if you refuse a field sobriety test or a breathalyzer test, you risk loss of your license; you do … Read more
Generally, Florida law allows a responsible adult to own a firearm without a license. Adults who have not been barred from owning a firearm are allowed to have the weapon in their home or may carry the weapon in their car provided the gun is not on the person. The exception to the law is … Read more
Domestic violence is a classification of charges versus a direct charge. Under Florida law, a domestic violence charge may be lodged if specific persons feel threatened. FL Statutes 2002 Section 741.28 defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal … Read more
DUI checkpoints can be very nerve-wracking and it is important to understand what can and cannot be done by law enforcement officers. At a minimum, you must provide officers with a copy of your driver’s license, registration and proof of insurance. There are some things that you must know about these checkpoints that can prove … Read more
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