A Call to Arms
November 22, 2022
United States v. Garcia, 2022 U.S. App. LEXIS 30825 *; 2022 WL 16739117, No. 21-11636 (filed November 7, 2022) United States v. Okang, 2022 U.S. App. LEXIS 30927 *; 2022 WL 16758064, No. 22-10932 (filed November 8, 2022) Our cases of the week show the importance of criminal defense lawyers staying up-to-date on federal law. Two decisions recently handed....
A “hot” gun instead of chocolate under the hotel pillow
November 7, 2022
GARY TODD DYDEK v. STATE OF FLORIDA, No. 2D21-1275 (decided October 26, 2022) It pays to reserve case dispositive suppression issues for appeal through a conditional plea, whenever possible. A recent appellate decision shows the upside of this practice pointer which should be followed by zealous criminal defense lawyers. In our case of the week, Gary Todd Dydek....
On a Highway to Hell?
February 11, 2022
This article shares our experience with prosecutions stemming from the annual “highway interdiction operation” conducted by local police on Okeechobee Road set to coincide with the arrival of throngs of young people for the Okeechobee Music Festival. For the many young people netted by officers during traffic stops like baited fish, the final stretch of road approaching the venue of....
Too Many High Tech Toys & Too Many Abuses
January 4, 2022
Electronic Invasions in Violation of the Fourth Amendment Good criminal defense attorneys prepare successful motions to suppress by staying informed of appellate court decisions that have a direct impact on legal defenses. The caselaw shows that local police have developed an insatiable appetite for evidence obtained through the use of invasive electronic technologies. However, the investigations are also violating....
Is BUI a crime just like DUI?
July 2, 2021
Are you being charged with Boating Under the Influence? Most folks will wait until they arrive to their celebration destination before popping that first beer this Fourth of July weekend. While it is against the law to operate a motor vehicle in Florida with an open container of alcohol, if you plan to travel by boat or host a party....
Do Our Constitutional Rights Apply When Suspected of DUI?
September 1, 2020
The Violation of our Constitutional Rights in a DUI Investigation In the United States, all citizens are protected by the Bill of Rights, or the first 10 Amendments to the U.S. Constitution. The accused has several guarantees under the Bill of Rights including the presumption that people are innocent until legally proven guilty, due process of the law and the....