Criminal Attorney Brian H. Mallonee
Legal documents

Can a state prisoner challenge his or her conviction in a federal court?

September 12, 2023
A state prisoner can file a habeas corpus petition in federal district court to challenge his or her conviction. Pursuant to 28 U.S.C. § 2254, as amended by the Antiterrorism and Effective Death Penalty Act. A federal judge may grant a habeas petition under § 2254, but only if the petitioner has first “exhausted the remedies available in the courts of the State.” See....

Importance of Body-Worn Cameras in Criminal Cases

September 1, 2023
“A picture is worth a thousand words” when traffic stops result in drug trafficking charges thanks to the body-worn camera. As a criminal defense law office, we often see felony drug trafficking cases and misdemeanor drug possession cases from “traffic stops”. In the past, proving a police violation of Constitutional rights often devolved into a credibility contest between the accused....

“You Better Get Up…Stand Up for your Right… and Don’t Give up the Fight….” Bob Marley (1945-1981)

June 12, 2023
Caution is Needed When Choosing a Lawyer to Defend Against Criminal Charges In our cases of the week, the Fourth District showed why an abundance of caution is needed when choosing a lawyer to defend against criminal charges, and why one should “never give up the fight,” when a lawyer renders ineffective assistance. LAWTON COHEN v. STATE, — So.3d —-....

“It is not too late, Judge.”

March 28, 2023
“It is not too late, Judge”                                     Shermaine Jermon Lowe v. State,                        2023 Fla.      App LEXIS 1182 *; 2023 WL 2193805                  ....
defendant self-incrimination

The erosion of the right against self-incrimination

February 8, 2023
Client Self-incrimination | Case Review STATE V. ELCIN SIBRUN 2023 Fla. App. LEXIS 262* Case No. 4D19-1629 (Decided January 18, 2023) In a recent case, Elcin Sibrun received some bad news from the Florida Supreme Court which quashed the opinion in Sibrun v. State, So. 3d 996 (Fla. 4th DCA 2020), and remanded his case for reconsideration in light of Davis v.....
Brian Mallonee Criminal Trial Attorney Florida

Saint Lucie DUI Defense Trial | Not Guilty

January 24, 2023
DUI Defense Jury Trial Case Details In this blog, we hope to use a recent case to illustrate that you have the right to defend yourself in a DUI situation. In this particular case, we saw a classic example of a police officer rushing to judgment and arresting someone for a DUI for not doing exactly what he wanted them....