Drug trafficking’s most serious offense, and one that can include a possible death sentence in Florida, is Armed drug trafficking. The statute appears as Florida statute 893.135 (for punishments it refers the reader to the Florida sentencing and punishment sections). You can also look for it in the basic parts…
Articles Posted in Florida Criminal Defense
What is an Appeal from a Criminal Conviction?
If you have been convicted of a felony, such as drug trafficking, or possession of cocaine in a Florida criminal court, such as Fort Lauderdale or Miami criminal courts, you should consider an appeal from your criminal conviction. An appeal must be filed quickly, the rules require a notice of…
DUI or NOT?
Drunk drivers are a danger on the road, most times they are invading other traffic lanes, taking red lights, or even swerving into oncoming traffic. It is quite obvious in these instances, that the person behind the wheel is not paying attention or is somehow impaired. Although driving under the…
Should I Pull Over?
Practicing in sunny Fort Lauderdale, I have received queries concerning whether one can be arrested for “Driving under the Influence”. The answer is yes, you can be arrested for “sleeping under the influence” in your parked car. Why? well the theory is that you were probably driving at some time…
Blow Before You Go – DUI Devices
Continuing from my previous blog drunk driving in South Florida, this part covers the installation of in car Breathalyzers or Ignition Interlock Devices. Drunk drivers are on the road daily and as the article on the MADD website states that some of these drivers have prior convictions which makes them…
Driving Drunk In South Florida
When you say Fort Lauderdale, South Beach or The Florida Keys, you think sun-sea-sand and obviously partying all night until the next morning. As an Attorney practicing in South Florida I come across numerous cases where clients are being accused of driving under the influence. Driving under the influence as…
Search and Seizure in South Florida Criminal Courts: The Future Is Here?
“Virtual Searches” are not searches under current search and seizure law: South Florida criminal judges are entering a brave new world. What becomes of someone arrested in Fort Lauderdale for possession of cocaine when the search that leads to evidence is not physical but “virtual”? When an officer enters a…
Probation Violations in Fort Lauderdale Criminal Courts
Violations of probation and violations of community control result in a violation of probation warrant being issued by the circuit or county court judge who handled your case. In Fort Lauderdale, Broward County, a probation officer who is handling the case will submit a request for a violation of probation…
Ruiz Case from the 4th DCA
Hamlet: “My words fly up my thoughts remain below, thoughts without words never to heaven go”. Too subtle for the 4th DCA? In a long awaited response to judges who find all cops credible and all defendants not, the 4th missed its chance to send a clear message to Judges…
How do Domestic Violence Laws in Florida differ from Battery?
Florida criminal law creates a separate category of crimes under the general category of Domestic Violence. Battery, which means an unlawful touching, and assault, which means putting another in fear of an unlawful touching, are the element crimes in Florida under Domestic Violence criminal laws. A battery is a misdemeanor…