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When should I file a “Motion to Early Terminate” my probation?

Posted in Blog on March 7th, 2013

As soon as all special conditions of probation or community control have been completed and half the term is done a person on probation should immediately file a motion with the court to terminate your probation or community control. What are the benefits to early termination of probation? There are many benefits from having you’re… Read more »

Why Was I Detatined and Was It Legal?

Posted in Blog on March 6th, 2013

When you interact with a law enforcement officer, there are three primary levels of encounters from which the legality of a police search or seizure is judged: consensual encounters, investigative stops or detentions, and actual arrests.  If you have been arrested, detained, stopped, or investigated, you may have legal defenses available to the contest the charge by filing a Motion… Read more »

Your Driver’s License after a DUI arrest

Posted in Blog on March 5th, 2013

If you took the breath test and registered over the legal limit (0.08): Ten days following your arrest, the Department of Highway Safety and Motor Vehicles (DHSMV) will seek to suspend your driver’s license for a period of six months. If you “refused” the breath and/or urine test: Ten days following you arrest, the Department… Read more »

Carrying a Concealed Firearm

Posted in Blog on March 4th, 2013

Pursuant to Fla. Stat 790.01(2) “A person who carries a conceled firearm on or about his or her person commits a felony of the third degree punishable by a maximum of five years in Florida State Prison and a $5,000 fine. The Right to Bear Arms Provided by the Florida Constitution Article I, section 8(a) of the… Read more »

Are DUI Roadblocks Legal In Florida?

Posted in Blog on March 1st, 2013

DUI roadblocks are legal in Florida but only if the police do certain things that they are required by law to do such as: The Florida Supreme Court held in State v. Jones, 483 So. 2d 433 (Fla. 1986) held that “it is essential that a written set of uniform guidelines be issued before a roadblock… Read more »

The Knock On The Door…

Posted in Blog on February 27th, 2013

In order to enter your home to begin a search, the police must either have consent or have a warrant supported by probable cause to believe that the home contains evidence of a crime in order to obtain a warrant to search your home from “a neutral and detached magistrate judge.” (There are a few exceptions to… Read more »

Why Is A Withheld Adjudication So Important?

Posted in Blog on February 26th, 2013

When a judge “withholds” adjudication, the defendant is not convicted of the crime. This is a very important thing. This means that the defendant is not actually convicted of the crime. If the charge is a felony, then the defendant is not a convicted felon. You will not lose your civil rights, i.e. the right… Read more »

Sealing And Expunging Your Florida Record

Posted in Blog on February 22nd, 2013

One brush with the criminal justice system can have a devastating effect on your future. It can prevent you from obtaining a job, a promotion, a license, housing, and many other opportunities. Perhaps the charges against you were dropped, adjudication was withheld, or you were found not guilty. Nonetheless, you may be surprised to learn… Read more »

United States Supreme Court Overrules Florida Supreme Court on Drug Dog Sniff.

Posted in Blog on February 21st, 2013

The United States Supreme Court overruled the Florida Supreme Court regarding police dogs by throwing out the Florida Supreme Court’s standards imposed on drug-sniffing canines before they could be trusted to justify a vehicle search. The cases comes from Liberty County, Florida, where a drug dog conducted a ”free air sniff” outside the defendant’s truck… Read more »