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...

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 27, 2018

I am an attorney, not a magician. I don’t have a DeLorean that goes 88 mph, so I can go back to the future. I don’t have a TARDIS or some other Bill and Ted’s time traveling telephone booth. I don’t have any pixie dust, magic beans, or a wand that I can wave to magical...

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...

October 3, 2018

Contrary to popular belief, witness testimony is evidence and it can form the basis, if believed, of proof beyond a reasonable doubt to convict the accused. In fact, witness testimony comprises approximately 99% of the evidence presented in any given trial in any given...

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...