A Probation Violation is Easier to Prove than a Criminal Offense in Florida

As a punishment for a felony or misdemeanor conviction, defendants tend to choose probation over jail or prison when they have an option. While probation comes with a number of conditions, getting to live (and sleep) in your own home seems like the better option. In Florida, individuals convicted of a crime may be sentenced to probation or have their jail or prison sentence “probated,” which allows them to serve Read More

Reminder: Marijuana Possession is STILL a State Crime in Florida

As of October 2021, 18 states have fully legalized recreational marijuana. In mid-2021, Virginia became the first southern state to legalize cannabis. Although Florida voters overwhelmingly approved medical marijuana usage in November 2016, possession of recreational marijuana is still a crime according to the Florida Statutes. Some Municipalities Have Decriminalized Marijuana Possession Starting in June 2015 Read More

Domestic Violence Injunctions for Protection in Florida

Before reading past this paragraph, please understand that this blog will cover a restraining order for domestic violence in Florida, which is legally referred to as an “Injunction for Protection Against Domestic Violence.” We will take a deeper dive into Florida’s definition of domestic violence and how to request a domestic violence injunction below, but this blog will not cover the other types of restraining Read More


The past few days, hours, and minutes have certainly been a whirlwind if you or someone you love has been arrested on felony charges. You’re understandably terrified of what the future holds, and you probably have more questions than answers. Take a few deep breaths; you’re in the right place.  One of the first things you need to know about felony charges is that the prosecution is required to fill out what’s Read More

Updated: Yes You Can Videotape the Police, But Take Precaution

I originally wrote this post in 2017 after a video was posted of an Uber driver, who was also a lawyer, was pulled over and told he could not record the police officer.   The police officer told the lawyer to turn it off or he'd take him to jail.  The police officer also told the lawyer that it was a new law that was recently passed. None of these statements made by the police officer, however, were true.  I Read More

The DMV’s Authority to Revoke or Suspend Your Driver’s License

Driving is not a right.  It is a privilege in Florida.  As such, the DMV has a lot of authority over whether or not a person has a driver’s license.  Chapter 322 of Florida Statutes lays out specific laws regarding driver’s licenses. The most common reasons people lose their driver’s licenses include: 1.      Drug-related offenses – Per section 322.055, when a person is convicted of a drug-related offense, the Read More

But the pot was not in my possession!?

I hear this all of the time.  Under Florida law, there is actual and constructive possession. Actual possession is when the illicit drugs are on your person.  In other words, the drugs are in your pocket, in your sock, or in your hand.  Actual possession is an easier case for the State to prosecute.  There may still be issues with a warrant or a stop that can lead to a suppression of evidence. Constructive Read More

What is an HTO?

HTO stands for Habitual Traffic Offender. Upon being deemed a habitual traffic offender, the Department of Motor Vehicles will revoke your driver’s license for 5 years.  There are a couple of ways that you can be deemed a habitual traffic offender in Florida: 1. 3 or more convictions of any one or more of the following offenses arising out of separate acts within a 5-year period: a.      Voluntary or Read More

What is Resisting An Officer Without Violence?

If you live in Polk County you have probably seen the video circulating social media of the gentleman that was supposedly resisting arrest by Lakeland police officers and therefore force was used against him.  According to the chief, that force was necessary because the gentleman was “actively resisting” and his resistance was even “violent.” This video has caused an array of opinions whether the officers’ Read More

False Confessions

There are only 24 states that require police interrogations to be recorded from start to end, and Florida is not one of them.  Not recording the entirety of a police interrogation is a problem, especially considering that in over 25% of wrongful convictions that have been overturned by DNA evidence, the Defendant made false confessions to law enforcement during the interrogation.  Why do people make false Read More