All South Florida Criminal Defense News in One Location
Third Party Consent to Search Jurisdiction: Broward County, Florida Troubles: 1) Is the consent of a joint occupant valid subsequent to a refusal to consent by the individual at whom the search is directed? two) Does a joint occupant’s consentRead more…
Incompetent to Stand Trial Definition of Incompetent to Stand Trial Florida Statute 916.12(1) states that “a defendant is incompetent to proceed inside the which implies of this chapter if the defendant does not have adequate present capability to seek the guidelinesRead more…
Motion to Release Uncharged Defendant Filing Formal Charges An distinct person is not charged with a criminal offense when he or she is arrested. The state attorney critiques all of the proof submitted following the arrest and tends to makeRead more…
Do the Police Demand an Arrest Warrant? When do the Police Want an Arrest Warrant? The Fourth Amendment of the United States Constitution regulates seizures of males and girls and residence. An arrest is a seizure which triggers Fourth AmendmentRead more…
Waiver of Suitable to Speedy Trial Florida’ Speedy Trial Rule Florida has a state distinct speedy trial rule which offers defendant’ additional protections not covered by the Sixth Amendment of the United States Constitution. Case law with regards to theRead more…
Motion for Downward Departure | Florida Statute 921.0026 Florida Statute 921.0026(1) authorizes the court to take into account mitigating elements in order to establish regardless of whether or not or not a downward departure from the advised sentence on theRead more…
Probation Violation | Technical Violation In Mobley v. State, The 4th District Court of Appeal held that a warrant alleging a technical violation of probation is not a warrant issued pursuant to Florida Statute 901.02. Accordingly, with no a noticeRead more…
Motion for a Continuance Motion for Continuance Why to Request a Continuance The vast majority of continuances are due to time constraints. You can only be at 1 spot at 1 time and there are only 24 hours in aRead more…
Justice Scalia – Racism – The 4th AmendmentTragically, Justice Scalia passed away on February 12 or 13, 2016. I have sat back and watched Facebook and other social media pages get filled with tasteless memes and specious accusations of racism. Read more…
Implied Consent Refusal| Drug and Alcohol Test What are Implied Consent Laws? All 50 states have an implied consent statute. Implied consent laws that demand a driver to submit to a chemical test when there is probable lead to toRead more…