Not everything legal is moral

2018-01-03T14:22:24+00:00 Uncategorized|

Florida law allows the office of the state attorney to issue subpoenas for investigative purposes pursuant to chapter 27 of the Florida statutes. When such a subpoena is issued, it commands the presence of the individual involved. Because there may be Fifth Amendment issues (self-incrimination) Florida statute 914.04 holds that the individual subpoenaed to give [...]

Police can stand their ground

2017-11-30T15:46:55+00:00 Uncategorized|

The question as to whether or not police officers, employing deadly force while conducting an arrest were limited to the force permitted by statute in making arrests was recently taken up in an appellate decision out of Florida’s fourth District Court of Appeal. In State v. Peraza, 226 So. 3d 937 (Fla. 4th DCA 2017) [...]

Supreme Court changes a long standing rule

2017-11-16T11:10:26+00:00 Uncategorized|

A general rule has been broken by the U.S. Supreme court this past term.  It ruled that when clear evidence emerges after a jury verdict that there was racial bias during deliberations, the trial judge must make an exception to the usual rule protecting the secrecy of deliberations in order to determine whether the defendant [...]

Evidence Destruction

2017-09-19T14:41:36+00:00 Uncategorized|

The Florida Supreme Court has recently come down with two cases which deal with due process when the state destroys evidence. The first is Patterson v. State found at 199 So. 3d 253 (Fla. 2016). That case involved the arson of a vehicle. The state's expert conducted a forensic analysis of the truck and before [...]

Cell phone pass codes: Give ’em up or go to jail!

2017-06-06T09:30:19+00:00 Uncategorized|

Recently, ​an appellate court in Florida has ruled that if law enforcement obtains a search warrant to be able to look into someone's cell phone for data, a judge may lawfully require the owner of that cell phone to provide his pass code in order to permit access by law enforcement to conduct its search. If [...]

Ethics of the Criminal Defense Lawyer

2017-05-01T12:18:18+00:00 Uncategorized|

A criminal defense lawyer is often asked to give legal advice to someone who inquires about a crime that they are committing. For example, a potential client may tell a lawyer that he is stealing power and asks what he should do. The answer may seem simple but it has a caveat. The public might [...]

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