Domestic Violence Injunctions for Protection in Florida

Before reading past this paragraph, please understand that this blog will cover a restraining order for domestic violence in Florida, which is legally referred to as an “Injunction for Protection Against Domestic Violence.” We will take a deeper dive into Florida’s definition of domestic violence and how to request a domestic violence injunction below, but this blog will not cover the other types of restraining Read More

WHAT IS A SCORESHEET AS IT RELATES TO THE FLORIDA CRIMINAL JUSTICE SYSTEM?

The past few days, hours, and minutes have certainly been a whirlwind if you or someone you love has been arrested on felony charges. You’re understandably terrified of what the future holds, and you probably have more questions than answers. Take a few deep breaths; you’re in the right place.  One of the first things you need to know about felony charges is that the prosecution is required to fill out what’s Read More

Updated: Yes You Can Videotape the Police, But Take Precaution

I originally wrote this post in 2017 after a video was posted of an Uber driver, who was also a lawyer, was pulled over and told he could not record the police officer.   The police officer told the lawyer to turn it off or he'd take him to jail.  The police officer also told the lawyer that it was a new law that was recently passed. None of these statements made by the police officer, however, were true.  I Read More

The DMV’s Authority to Revoke or Suspend Your Driver’s License

Driving is not a right.  It is a privilege in Florida.  As such, the DMV has a lot of authority over whether or not a person has a driver’s license.  Chapter 322 of Florida Statutes lays out specific laws regarding driver’s licenses. The most common reasons people lose their driver’s licenses include: 1.      Drug-related offenses – Per section 322.055, when a person is convicted of a drug-related offense, the Read More

But the pot was not in my possession!?

I hear this all of the time.  Under Florida law, there is actual and constructive possession. Actual possession is when the illicit drugs are on your person.  In other words, the drugs are in your pocket, in your sock, or in your hand.  Actual possession is an easier case for the State to prosecute.  There may still be issues with a warrant or a stop that can lead to a suppression of evidence. Constructive Read More

What is an HTO?

HTO stands for Habitual Traffic Offender. Upon being deemed a habitual traffic offender, the Department of Motor Vehicles will revoke your driver’s license for 5 years.  There are a couple of ways that you can be deemed a habitual traffic offender in Florida: 1. 3 or more convictions of any one or more of the following offenses arising out of separate acts within a 5-year period: a.      Voluntary or Read More

What is Resisting An Officer Without Violence?

If you live in Polk County you have probably seen the video circulating social media of the gentleman that was supposedly resisting arrest by Lakeland police officers and therefore force was used against him.  According to the chief, that force was necessary because the gentleman was “actively resisting” and his resistance was even “violent.” This video has caused an array of opinions whether the officers’ Read More

False Confessions

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