The police can’t stop your car in the state of Florida if you’ve done nothing wrong. There has to be some sort of violation that occurs, whether it be speeding, weaving, running a stop sign, running a traffic light, something in order to give them reasonable suspicion to pull you over. If you’re going… Read More »
Drugs are not treated equally, when it comes to punishing drug dealers in the State of Florida. Different drugs are categorized differently. Marijuana or cannabis is treated as a misdemeanor, whereas cocaine, heroine, prescription drugs, are typically treated as felonies. However, when it comes to dealing drugs, if you’re selling any type of drug,… Read More »
This is the first time I am in trouble in Florida. Will the prosecutor treat this charge like it is my first offense?
If it’s the first time that you’ve been in trouble in the State of Florida, will the prosecutor treat you differently? The answer is it depends on the offense that you’re accused of. Certainly if it’s a first-time possession of cannabis, first-time petty theft, the prosecutor isn’t going to treat you as severely as… Read More »
You can in fact be arrested for carrying your prescription drugs in the state of Florida. It all depends on how you’re carrying that prescription. If you take your prescription out of the bottle and put it in a Ziplock bag or some sort of other container, that’s technically illegal in the state of… Read More »
Miranda rights and Miranda warnings typically involve the right to remain silent. You have the right to talk to an attorney, the right to have an attorney present for any questioning, for any interrogating questions that the police ask. So if you’re ever read you Miranda warnings, your Miranda rights, it’s always best to… Read More »
Social Media or internet information certainly can be used against you in court. Whether it be Facebook messages, Twitter posts, photographs, anything that the prosecution or law enforcement can use against you, they’re going to try to find and use that to help prove their case. So it’s my advice, and any defense attorney’s… Read More »
The typical steps for a criminal proceeding in Florida, obviously it starts with someone either being arrested or charged with a crime. After that the court process starts where there’s an arraignment to see whether or not they want to plead guilty or not guilty, whether or not they want to hire an attorney…. Read More »
Can text messages, emails, or Facebook posts be used to prove threatening conduct against me in court?
Text messages, social media and all that can be used against you in court. I always recommend when my clients come in to kind of deactivate all social media accounts just for while the case is pending because the last thing we want is the prosecutors, the police or the investigators to go onto… Read More »
Beyond a reasonable doubt is the highest standard in the justice system in the state of Florida. And it’s only for criminal cases, it’s higher than civil cases, higher than family law cases. And proof beyond a reasonable doubt, it’s beyond a possible doubt, speculative doubt. When I’m presenting cases to juries, I like… Read More »
There are certain instances where police can conduct a search without a warrant in Florida. Typically, if someone is arrested for a crime, then the police are allowed to search. It’s called “incident to a lawful arrest”. If you’re arrested in your house or your car, they can search the immediate vicinity that you’re… Read More »