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
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
Co-Parenting Through the Holidays
It's that time of year. The time when I get complaints about my child's parent is not being cooperative about Christmas and I want to take them to court. It is difficult because both parents want to spend as much time with their child as possible. You may want to leave to go out of town earlier than your parenting plan will allow, and maybe the other parent is being unreasonable by not allowing you to do so. Or Read More
Modifying A Parenting Plan
I get many calls from parents wanting to change or modify their parenting plan. The problem lies in that their reason for the change may not meet the legal requirements for a change to the parenting plan. In order to modify a parenting plan, there must be a 1) substantial, 2) material, and 3) unanticipated change in circumstances and a showing that the modification is in the best interests of the child. Parents 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
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
