What is Probable Cause? “Probable Cause” is the standard used to determine whether or not there is sufficient reason to make an arrest. In the case of Bryant v. State, the Second District Court of Appeals described probable cause, as follows: “Probable cause for an arrest has been defined to…
Police frequently conduct searches of individuals based on a reasonable suspicion. A brief investigative detention based on a reasonable suspicion is called a “Terry Stop”. What is Reasonable Suspicion? Reasonable suspicion is a term that is used to refer to a police officer’s reasonably justifiable suspicion that a person had…
In the state of Florida, a person who has any alcohol in his or her body is prohibited from being in physical control of a motor vehicle. F.S. 322.62. The penalties for violation of this law result in being placed out of service immediately for a twenty four hour period. …
Is There a Warrant Issued in My Name? There are numerous warrants issued for almost every type of crime that occurs in Florida. The warrant system is used to apprehend criminals and those accused of a crime. Despite the belief that warrants expire, they do not. Additionally, warrants can be…
The Sixth Amendment to the Constitution of the United States provides that: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been…
When Should You File a Post Conviction Relief Motion in Florida? A motion for post conviction relief is a motion that is filed after an individual is convicted of a crime where the court is being asked to relieve a person from their conviction. The following grounds may be used…
The Anti-Murder Act in Florida requires violent felony offenders or other certain types of offenders who violate probation or community control to remain in jail until the court determines whether the individual poses a danger to the community. This law was established in March 2007. The Florida Department of Corrections…
Navigating through Florida’s complicated labyrinth of criminal law is a task best left to the trained professional– someone that speaks the language and can even walk the walk when it comes down to it. In the area of criminal law, knowing the rules regarding what is supposed to happen and…
According to a report by WFTV, four out of every 10 Florida drivers stopped by police for suspected drunk driving refuse to submit to breathalyzer tests. Something that many people may not be aware of is how severe the penalty can be just for refusing to take the breath test.…
The Supreme Court recently held that it is cruel and unusual punishment to send a young murderer to life in prison if a judge has not first weighed whether he deserves a shorter prison sentence due to his youth and the specific nature of his crimes. The 5-4 decision struck…