With a nod to the sports industry in United States, we turn our attention in today’s blog post to a current issue in basketball. The sale of the basketball team the Clippers in Los Angeles opens our door to the issue of competency. Competent to stand trial in a criminal…
Florida’s STAND YOUR GROUND STATUTE is about self-defense, one’s right to use force when in reasonable fear of an unlawful touching. The statute grants immunity from arrest and prosecution if use of force (as permitted in Florida’s Self Defense Statute (F.S. 776.012, F.S 776.013) is asserted and proven by a…
A concerted drive by the U.S. Attorney’s Office and a task force comprised of State and Federal agencies, police and sheriff agencies in Broward, Dade and Palm Beach County has resulted in over a dozen major cases in Florida and U.S. District Court in the Middle and Southern District(s) of…
Florida provides a limited opportunity to seal and or expunge criminal records. The good news is not as good as one would hope and the bad news is a deal breaker. Here’s what is going on… First: sealing and expunging doesn’t erase your arrest or the result. It doesn’t eliminate…
Don’t confuse clearing one’s conscience with yourself and your maker with talking to the police. I wrote the book on it: CAN THE POLICE LIE TO ME? Yes….the US Supreme Court calls it “aggressive interrogation” but to normal folk it means lying. The police can promise you anything short of…
Florida has 406 inmates currently on death row, of which 28 have been there longer than Larry Mann. Larry Mann was sentenced to death for the kidnapping and murder of a 10-year-old girl who was riding her bike to school. The crime occurred on November 4th, 1980. Florida is one…
In South Florida and all of its jurisdictions such as Miami, West Palm Beach, Fort Lauderdale, Hollywood, Pompano Beach, Aventura, Boca Raton and Coral Springs, many pretrial motions can be filed by the defense. A few of them are Motion to dismiss, Motion to suppress, and Motion to Sever. If…
What happens if a defendant lives outside of the State or even the country, and would like to enter or accept a plea offer? A defendant can, if he or she wishes, enter what is called a plea in absentia. A plea in absentia is done in the form of…
There is an alternative for defendants who reside out of the county to divert from the criminal system and have their cases transferred to drug court. The program is called the Day Reporting and Reentry Division (DRRD). There is a minimum of 6 months participation in the program which can…
So you have been arrested last night and the judge posted a bond that you cannot afford. What do you do next? Do you stay in jail? Yes you do, unless you hire an attorney to get you what is called a bond reduction hearing. In South Florida and all…