Recuse

Recuse a Judge for Facebook “friends” – What makes a judge unfair?

Can you recuse a Judge for Facebook “friends”?  Some Florida courts say that you can. Some say you can’t.  Like all things legal – it depends on the facts.

Thinking about your own Facebook account, how many  “friends” do you have?  How many are really your “friends”?  If you’re like most people, you have hundreds of Facebook “friends” who you never hang out with, call, or even see.

Recuse

Believe it or not, Florida courts … Read More

Jail or Treatment

Jail or Treatment

If an individual is charged with a second or subsequent DUI, they should know that the minimum jail sentence required can be satisfied by jail or treatment in a residential facility.  For example, if you are charged with a third DUI within ten years there is a mandatory thirty day jail requirement as part of your sentence.  However, if the court approves, all or part of this sentence may be served in a residential Read More

Crime and Punishment

Crime and Punishment

I recently attended a continuing legal education seminar on issues of Law and Politics from the perspective of historical political philosophers which reminded me that Crime and Punishment was not just some old book.  Some of the thinkers we discussed were Jean-Jacques Rousseau, Francis Bacon, Emerson and Plato.  The ideas of other great writers and thinkers such as John Locke, Thomas Jefferson, and even Russian greats such as Tolstoy and Dostoevsky, were interwoven in the … Read More

Unlawful Detainer

Unlawful Detainer

There are many circumstances when a home owner needs to remove an individual living in their property by filing an Unlawful Detainer action because there is no lease.  Here’s how it works.  If there is an oral or written agreement which spells out a rental amount to be paid or work to be exchanged for living arrangements, then a lease has been created and this counts as a residential tenancy. It means that you … Read More

DUI

Diabetes and DUI: Legal Defenses for Diabetics charged with DUI

Diabetes and DUI are complicated legal and medical issues. If you have diabetes and are arrested for DUI, you may have a defense.  Especially if you took a breath test and blew over the legal limit. Contact our experienced Trinity DUI defense attorneys to discuss your defenses.

Most people think breath tests are accurate.  Breath tests are not always accurate, especially if you have certain medical conditions. Diabetes can significantly affect the accuracy of the … Read More

Search

Can the police search social media profiles? YES and they do

Can the police search my social media profile?  Yes and they do. Police regularly search social media for evidence of crimes, to see who you associate with, to see if they can get you to admit to crimes.   CNN reports that 4 out of 5 police have used social media during an investigation.  That number is probably higher than anyone wants to admit.

Why are the police looking at your pictures and posts on … Read More

Will I go to jail for DUI?

Many times a client comes into my office asking: “Will I go to jail for DUI?”

Most times, the person has a prior conviction and has some knowledge of the law.

They know that if they have a:

  • second conviction within five years there is a mandatory 10 day jail sentence.
  • that a third offense within 10 years carries a minimum 30 day jail sentence or can be filed by the State Attorney’s Office as
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Cell Phone

Cell Phone Searches – When can the Police search my Phone?

Cell Phone Searches are common in all criminal cases today. If you are arrested, especially for a drug charge, the police will want to search your phone. Why?  Because they think they’ll find evidence of who you sell to or buy from.

But can they?  No.

In order to search your cell phone – UNLESS YOU GIVE CONSENT – the police must have a warrant.  Warrants are much easier for the police to get … Read More

Arrested

Arrested for a Probation Officer’s Mistake

You may not believe this, but people do get arrested for a probation officer’s mistake – sometimes with no bond.

An Example:

The other day I was in court in Pasco County, Florida; and a young guy was asking for termination of his probation because he was done with all the conditions and had paid all his fines and costs.  He had receipts and banks statements showing deposits in JPay right on his phone.  (JPay … Read More

DUI VIdeo

DUI Video: Everything you say and do is recorded

DUI Video

One of the less pleasant events in defending a DUI is when I watch the DUI video.   In most cases, I have heard a fairly long and detailed explanation of what happened at the time of arrest.  Most times, my client advises me that they performed very well on the Field Sobriety Tests and that they were not drunk at all.  Sometimes, they are even aware of the fact that most of the … Read More

Felony Battery

Felony Battery: What’s the difference between a felony or misdemeanor battery?

Felony Battery

If you have been charged with Felony Battery  or in the state of Florida, one of three things must have happened.  You touched or struck someone against their will and either:

  • Caused great bodily harm
  • Caused permanent disability, or
  • Caused permanent disfigurement
  • Or you’ve had a prior misdemeanor battery conviction. (that means adjudication)

To be charged with a misdemeanor battery, you simply need to touch or strike another person against their will.  … Read More

Restitution

Restitution: Why do I owe so much money?

Restitution

If you were convicted of a crime which involved injury to another person or damage to their property, the court will most likely order that restitution be paid as part of your sentence.  This restitution order can be imposed whether the damage was directly or indirectly caused by you.  The law states that the injury or damage, however, must occur “as a result of the offense” and this can become a point of contention … Read More

Public Records

Public Records: What Can a potential employer really see?

Public Records

 

Many people contact our office to discuss whether their prior criminal cases are public records and if they can be expunged.  But what happens in a case where an individual has not been arrested or charged with a crime.  What if they were merely, “investigated”, by police?

For example, they may have been a witness or a suspect in a crime, and were ultimately never charged with a crime, never … Read More