Prostitution in Florida

I happen to live in a county where the Sheriff is known for prostitution stings.  I just did a google search and almost every hit was for my county!  As a criminal defense attorney, this causes me some distress.  (One might think, this brings me business, but I have different opinions on the matter).In Florida, prostitution is defined as the giving or receiving of the body for sexual activity for hire but excludes Read More

Expungement and Record Sealing

People often ask about record expungement.  In Florida, record expungement is defined as court-ordered physical destruction of a record by any criminal justice agency or other public entity in possession of such information.  In order to obtain an expungement, the State must not have filed an indictment, information, or other charging document in the case.  If one was issued, it was dismissed by the State.  There are Read More

How Do I Approach Defending Criminal Charges?

First, I meet with my potential client to make sure that I am the right lawyer for him or her.  A client needs to feel comfortable with her or her lawyer.  This initial meeting is extremely important.  If at this initial meeting a potential client does not have a gut feeling that the lawyer is the right one for the job, then suggest he or she hire a different lawyer.  The relationship must be one of trust.  Once the Read More

DUI’s: What qualifies as a vehicle?

DUI’s have been in the news lately, especially with what seems absurd charges like a DUI on a horse!  One might wonder what qualifies as a vehicle? Can a person get a DUI on a horse? What about a bicycle? What about a golf cart? The Florida DUI statute states that in order for a person to be found guilty of a DUI, the person must be found to be driving or in actual physical control of a vehicle.  We can discuss Read More

Types of Protective Injunctions in Florida

There are 5 very specific types of injunctions, or restraining orders, that you can apply for in Florida.  It is important that you know the difference between them, because if you apply for the wrong one, the injunction can be denied.  On the other hand, if you are defending against an injunction, that is the first line of defense.  Was the proper injunction applied for?  Below is a listing of the types of Read More

Helping Your Lawyer Prepare For Your Criminal Case

So you have been charged with a criminal offense. You feel like your world is falling apart. It is a difficult time that affects every aspect of your life. You need a knowledgeable and experienced attorney by your side. Hopefully you have hired one. What can you do to help?  There are several things.First and foremost: do not talk to anyone about your case except your attorney.  You have the right to remain silent.  Read More

Marijuana and Decriminalization in Florida

The process of decriminalization of marijuana in Florida is slow, but occurring.  In all there are 14, counties, cities, and/or municipalities that have passed ordinances that give police officers the option to issue civil citations or fines rather than arrest a person who is caught with 20 grams or less of marijuana. It is important to note that in these cities or counties, the choice still lies with the individual Read More

StingRays and Your Right to Privacy

In 2014, the Florida Supreme Court protected privacy by ruling that it is a violation of the Fourth Amendment to track cell phone location data without a warrant.  Police departments in Florida and around the country have been using metadata from cell phones to track a person’s location in real time without obtaining warrant.  The ruling also covered the use of StingRays, a technology often used by law enforcement to Read More

Ways to Sabotage Your Own Criminal Defense

It may seem like common sense to not want to sabotage you own criminal case, but people frequently do things than can damage their own defense.  Below are the top issues that I have seen to cause problems for clients’ cases: Party Like a Rock Star Your goal during your criminal case is to remain free of any drama.  If you are out drinking, you can end up in a situation which may lead to activities or situations Read More

“Sexting” and Florida Law

Yes, “sexting” has been defined by Florida law and can been found in Florida Statutes section 847.0141.  Sexting is when a minor uses an electronic device to transmit a photo or video which depicts nudity and is considered harmful.  It is against the law to solicit and to be the recipient if the recipient does not report specifically to the minor’s legal guardian or to a school or law enforcement official within 24 Read More