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Criminal law -- Search and seizure -- Residence -- Exigent circumstances -- Deputies who were dispatched to investigate anonymous 911 call lacked objectively reasonable belief that exigent circumstances existed which justified immediate entry into residence without warrant -- Hunch that there may...

FR44 was put into place to ensure that a driver convicted of a DUI carries liability limits of 100/300/50. The state requires people convicted of a DUI to carry higher bodily injury and property damage limits to protect the public in the event they hurt someone in an automobile accident. The FR44...

Usual first-time sanctions for a DUI under a .15 Breath Alcohol Level and no minor in the vehicle at time of arrest. Fine & costs of $983.00, 12 months' probation, which your lawyer should be able to get automatic termination upon completion of conditions, 6 mo license suspension, which you will ...

STAND YOUR GROUND AND THE USE OF NONDEADLY FORCE: The stand your ground law is codified in F.S. 776.012. It states that a person is justified in using force, except deadly force, against another when the person reasonably believes that the force is necessary to defend him or herself or another...

A person commits a theft if the individual knowingly obtains or uses, or tries to obtain or use the property of another with the intent to, either temporarily or permanently deprive the other person of a right to the property or takes the property to their own use. If the property stolen is va...

The court must impute income to a parent who is unemployed or underemployed, if the unemployment or underemployment is voluntary on that parent's part. To determine the amount of child support the court will consider the potential and probable earnings level of the parent as determined by his o...

It is unlawful for a person to posses, sell, deliver, manufacture, etc., a controlled substance in, on or within 1,000 feet of any school or childcare facility, during the hours of 6 a.m. and 12 midnight, or at any time within 1,000 feet of any county, state or municipal park, any community cen...

Domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault or battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any crime which results in physical injury or death of one family or household member by another family or h...

The court of appeals published an opinion yesterday concerning the automatic stay which normally goes into effect upon a losing party's request, so that an appeal maybe taken. The court ruled that section 381.986 F.S. (2017) of the medical marijuana amendment to Florida's Constitution is uncons...

It is unlawful for anyone to operate a vessel within Florida while under the influence of alcohol or drugs to the extent that his or her normal facilities are impaired or has a Breath or Blood Alcohol Content (BAC) of .08 or above. The definition of operate a vessel has a different definitio...

There are two ways the state may prove a DUI. One is known as DUI “per se” if an individual takes the breath test and the result is a breath alcohol content (BAC) of .08 or above, that individual is deemed DUI per se. The per se DUI theory is important when there is no other evidence of impairmen...

Florida's Injunctions against domestic violence and against dating violence are vital tools for domestic violence victims; however, they can be manipulated and abused in certain situations. When this occurs, innocent people are forced to deal with unfair and unjust legal consequences as a result....

Understanding Florida's Driver's License DUI Suspension Laws. In Florida there are two types of driver's license suspensions. One, which is immediate, is the administrative license suspension. The second is a suspension ordered by the court if you are convicted or plead guilty to a DUI. On the...

Where the defendant was convicted of possession of drugs discovered in vehicle of which defendant was an occupant at the time of his arrest, and trial court denied motion for judgment of acquittal on basis that state was entitled to inference that defendant had knowledge of control over the drugs...

The trial court erred in denying former wife's petition for domestication of final order of Georgia court holding former husband in contempt and ordering his incarceration until payment of child support arrearages where Georgia court had jurisdiction to enter order and there was no evidence of ex...

The trial court violated principles of double jeopardy when it resentenced the defendant to fifteen years in prison when it previously sentenced him to ten years in prison pursuant to plea where defendant had an expectation of finality in his ten-year sentence. Read more below:                   ...

The trial court committed fundamental error when it found that statute governing parental relocation with child is not applicable in the event parent is deported. Court erred in making future-based projection of child's best interests by granting wife permission to take child with her if she is d...

In granting a downward modification in alimony, trial court did not err in finding that former wife's reaching age where she could access retirement accounts without penalty could be considered as part of total circumstances in determining if there has been a sufficient change to warrant downward...

The testimony of witness at bond hearing who had died subsequent to bond hearing. Further, It was error to admit testimony of witness relating statements by another individual in which the individual admitted that he was the shooter in the murder and that he “got the work” from defendant. Where t...

The trial court erred by ordering shared parental responsibility and granting supervised parenting time between child and father in contravention of Kentucky domestic violence order of protection. Further, the court failed to consider statutory factors for determining best interests of child. Rea...

 Many of my clients are surprised when they come to me after being arrested and facing prosecution for DUI. They explain they were driving on private property. I tell them, that Florida's DUI statute allows for arrest and prosecution when someone operates or is in actual physical control of a mot...

Trial court's failure to instruct the jury on element of offense, that defendant knew that victim was a law enforcement officer, constituted fundamental error where there was a dispute at trial as to whether defendant knew that victim was law enforcement officer. On remand, if state intends to pr...

The trial court properly found that collection and handling of blood samples obtained at medical facility to which defendant had been transported substantially complied with applicable rule. Substantial compliance with rule is proper standard to be applied to admission of blood test evidence and ...

It was error for the trial court to summarily deny claim that counsel was ineffective for his failure to investigate and call exculpatory witnesses at trial, and the claim that counsel was ineffective for failing to advise defendant that court could run his sentences in one case consecutively to ...

As citizens we all have the right to walk down the street without fear of being stopped and harassed by the police. If you are not committing a crime or about to commit a crime you have no duty to stop and talk to the police. However, if the police have reasonable suspicion to believe you have or...