Under Florida law, a person can be arrested for and charged with a DUI offense absent evidence of their blood alcohol level. There are nonetheless limitations on when a police officer is permitted to arrest a person for misdemeanor DUI, though, as discussed in a recent Florida ruling in which…
Generally, the law precludes Florida courts from introducing evidence of a defendant’s prior misdeeds in order to establish their guilt. They can offer such evidence to the judge or jury for other reasons, though, as long as it does not become a central feature of the case. In a recent…
The Florida Constitution generally grants criminal defendants the right to pretrial release. There are exceptions to the general rule, however, such as when the conditions of release are inadequate to protect people in the community from the risk of physical harm or when the defendant is charged with a dangerous…
The majority of DUI arrests arise out of traffic stops. While the police are permitted to stop motorists they suspect are driving while intoxicated and ask them to submit to breathalyzer tests, there are limits to their authority. For example, as explained in a recent Florida case, if they instigate…
The Fourth Amendment of the United States Constitution protects people against unreasonable search and seizure. In other words, absent a warrant, they cannot be searched, and their property cannot be taken by the police as part of a criminal investigation. There are exceptions, though, including border searches. Recently, a Florida…
The Florida legislature enacted laws setting forth sentencing guidelines that the courts must consider when determining an appropriate penalty for a criminal conviction. Courts have the discretion to set forth sentences outside of the guidelines, though, if they deem it appropriate in consideration of any relevant factors. Any sentence that…
If a defendant is convicted of a federal crime, the courts will consider numerous factors in determining an appropriate sentence. Among other things, the courts will assess whether the defendant brandished a firearm during the commission of the unlawful acts and whether the offenses in question constitute crimes of violence…
In 2018, Congress enacted the First Step Act (the Act), which along with the Fair Sentencing Act, was a law designed to reduce the disparity between the penalties imposed on people convicted of crimes arising out of the possession and distribution of cocaine powder versus crack. Merely because a court…
DUI crimes carry significant penalties compared to other violations of traffic laws, and a DUI conviction can irreparably harm a person’s driving privileges and career prospects. Some people accused of DUI offenses are eligible to enter into pretrial intervention programs, which essentially divert their cases away from the criminal justice…
While people often think that they would mount a vigorous defense if they were charged with a crime, in some cases, it makes sense to enter a no contest or guilty plea. Typically, it is difficult to overturn a conviction after pleading no contest, but there are exceptions. For example,…