What are the conditions for early termination probation? Section 948.05, Florida Statutes (2011), states, “[a] court may at any time cause a probationer…to ap-pear before it to be admonished or commended, and, when satisfied that its action will be for the best interests of justice and the welfare of society, it may discharge the probationer…
Just what does it mean to have your case dismissed? When defending his client against the State, a smart criminal defense attorney sees the fight like a game of chess; he strives to win the case in as few moves as possible. However, to do so, the lawyer, like a soldier going to war, must…
FAILURE TO PROVIDE MIRANDA WARNINGS So, let us say you were arrested and there was a failure to provide Miranda Warnings. What happens? The law requires the informing of a person of their Miranda rights when in-custody and subject to in-terrogation. Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d…
MARIJUANA RELATED DUIS Did you know Marijuana related DUIs are just as possible as alcohol related DUIs? With the recent legalization of marijuana in many states, we should expect new regulations regarding its use, and more importantly, overuse, both recreationally and medically. Many anticipate more states to adapt the new marijuana laws, and with it…
Does Racial Bias in Florida Sentencing exist? We would all like to think Racial Bias in Florida Sentencing doesn’t exist. However, it is an unfortunate reality. Attached is an article that highlights what many of us have realized for years, racism exists is present in the courtroom. The article provides examples of how a person’s…
