Criminal Attorney Brian H. Mallonee
Legal documents
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....
Pyrrhic victory

A Pyrrhic victory is better than no victory?

January 10, 2023
UNITED STATES v. KAREN MUNROE 2022 U.S. App. LEXIS 35246*; 2022 WL 17826350 Case No. 21-13717 (filed December 21, 2022) The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.....
Violent crimes

Criminal Defense against Hobbs Act Robbery

January 9, 2023
Hobbs Act Robbery Criminal Defense Case CARL SAMSON v. UNITED STATES 2022 U.S. App. LEXIS 34474 *; 2022 WL 17660604 Case No. 19-11048 (filed December 14, 2022) In our case of the week, Carl Samson appealed from the district court’s dismissal of his authorize successive motion to vacate, correct, or set aside his sentence filed pursuant to 28 U.S.C. §....
plain error by judge

Federal Judge Commits “plain error” by imposing an “upward departure” without notice prior to sentencing

January 5, 2023
UNITED STATES v. LADARIUS DE’SHAUN JONES 2022 U.S. App. LEXIS 33867 *; 2022 WL 17543529 Case No. 22-10438 (filed December 9, 2022) In our case of the week, able criminal defense counsel for Ladarius De’Shaun Jones appealed a 126-month sentence for one count of possession of a firearm during and in relation to a drug trafficking crime. See21 U.S.C. §....

Federal ‘Safety Valve’ Ruling a Good One

December 16, 2022
Once upon a time, but not too long ago, President Clinton, a Yale Law School grad, famously stated during questioning, “it depends on what the meaning of the word ‘is’ is.”  In our case of the week, the Eleventh Circuit in United States v. Julian Garcon, 2022 U.S. App. LEXIS 33588*(filed December 6, 2022) sitting en banc addressed the question of whether the word “and”....