February 19, 2019

“I don’t understand … the client got a departure sentence. How can he file an ‘ineffective assistance of counsel’ claim against me?” decried the defense attorney.

          The exasperated statement from the attorney presupposes that the departure sentence was the best...

February 11, 2019

“Some martial arts are very popular, real crowd pleasers, because they look good, have smooth techniques. but beware. They are like a wine that has been watered. A diluted wine is not a real wine, not a good wine, hardly the genuine article. Some martial arts don’t loo...

February 3, 2019

It’s not true. I don’t know when it started or who first perpetrated this legal nonsense, but contrary to popular belief a law enforcement officer does not have to read you your Miranda rights when they are arresting you. Miranda is not a necessary component of an arre...

January 23, 2019

      

         Plea bargains are evaluated based upon contract law. Typically, the courts make a legal determination to review for the basics: offer, acceptance, intent, and consideration. The idea is that there is a “bargained-for-ex...

December 3, 2018

In Florida, if you are arrested and taken into custody, you may hear the following warning before any questioning begins:

You have the right to remain silent. If you give up the right to remain silent, anything you say can be used against you in court. You have the righ...

November 9, 2018

On Tuesday, Florida voters passed Amendment 6 which is otherwise known as Marsy’s Law for Florida.[i] The amendment was based largely on a law that passed a few years back in California and has gathered some steam nationally for victim’s rights.

The confusingly worded a...

September 25, 2018

The following exchange can usually be heard at the end of the presentation of the State’s case-in-chief in any criminal courtroom in Florida.

“Your Honor, the State rests.”

“What says the defense?” asks the Court.

“Your Honor, the defense moves for a judgment of acquittal...

September 21, 2018

 

To plea or not to plea, that is the question. Everyday in criminal courtrooms across this wonderful land, persons accused of felony, misdemeanor, or traffic offenses must make tough decisions on whether to accept a plea offer based on negotiations or forego the offer...