Community Control in Florida is a supervision program that is an alternative to incarceration only used in felony cases. If you are sentenced to Community Control, you are confined to your home unless you are working, attending school, doing public service hours, participating in treatment, or any activity that has…
Florida Statute 316.2953 provides the law on window tinting and what is legal in the State of Florida. It states that “a person shall not operate any motor vehicle on any road on which vehicle the side wings and side windows on either side forward of or adjacent to the…
A recent United States Supreme Court case, Byrd v. U.S., No. 16-1371 (2018) discussed the parameters of expectation of privacy under the Fourth Amendment of the U.S. Constitution. There was a circuit split about whether an unlisted driver of a rental car has a reasonable expectation of privacy in the rental…
F.S. § 893.13 provides that a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. The penalties can be a felony or misdemeanor depending on the type and quantity of controlled substance you possess, among other things such as selling…
Recently, a new law went into effect in Florida regarding eyewitness identification in criminal cases. Florida Statutes section 92.70 is called the Eyewitness Identification Reform Act “EIRA.” If you have a criminal case where an eyewitness has identified you, it is very important that these procedures were followed or the…
In certain circumstances, the answer may be yes. In Aguilar v. State, 43 Fla.L.Weekly D179a (3rd DCA 2018), Juan Aguilar appeals a conviction for DUI crimes DUI Manslaughter, DUI with person or property damage, and DUI causing serious bodily injury, along with two counts of DUI, the lesser included offense. …
William Kuckuck v. State of Florida, 43 Fla.L.Weekly D80b (5th DCA 2017) involves a defendant, William Kuckuck, who was convicted of violating Florida Statutes section 847.0135(3)(b), by knowingly using a computer on-line service, internet service, or other similar device to solicit a person believed to be a parent of a…
If you are ever stopped for DUI, you may not trust the breath test and want to refuse to take the test or you may even want to ask for a separate blood test or breath test by a lab of your choosing. In Florida, your license can be suspended…
You may find yourself arrested for a crime that occurred at a time you were somewhere else completely at the same time the crime was being committed! There is a special procedure to handle this situation in Florida criminal courts and its important that those procedures are followed or it…
Florida law makes penalties stricter for assault or battery of a law enforcement officer. Under Florida Statutes 784.07(2), when you are charged with knowingly committing an assault or battery upon a law enforcement officer, the charge will be reclassified as follows: (a) Second degree misdemeanor assault will be a first…