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Criminal Attorney Brian H. Mallonee
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LOOKING AT LU JING v. STATE

January 8, 2024
LOOKING AT LU JING v. STATE Case No. 4D21-147 arrived to the three-judge appellate panel of the Fourth District clothed in spy novel mystique: a female Chinese national resisting arrest after allegedly trespassing onto the grounds of United States President Donald Trump’s private Mar-a-Lago resort in Palm Beach. Defendant was convicted of resisting a police officer without violence contrary to....

Are the results of lie detector tests admissible in court?

January 8, 2024
Are the results of lie detector tests admissible in court? “Liar, liar… pants on fire!” Children all over the English speaking world know this sing-song rhyme. It is “sung” when someone gets busted telling a lie. Police investigators have used lie detectors, also known as “polygraphs,” for over a century now. The first polygraph was invented in 1921, when a....

“…[L]et’s Kill All the Lawyers”

December 21, 2023
“…[L]et’s Kill All the Lawyers” “The first thing we do, let’s kill all the lawyers” stands out among William Shakespeare’s most famous one-liners. In his play Henry IV, Part 2, Act IV, Scene 2, the character “Dick The Butcher” suggests one of the ways the pretenders to the throne can improve their chances is to first kill all the lawyers.....

When Judges Disagree…

December 15, 2023
When Judges Disagree… In a decision published only one week ago in Saffold v. State, 2023 WL 8246165 (Fla. 4th DCA 11/29/2023), the Fourth District held that the defendant-appellant was not entitled to bring a motion to withdraw a plea pursuant to Rule 3.170(f) , Fla.R.Crim.P., upon court-ordered resentencing. The Court therefore affirmed the denial of the defendant-appellant’s motion to withdraw his....
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Stop and Smell the Flowers: The Odor of Marijuana

December 6, 2023
Stop and Smell the Flowers: The Odor of Marijuana Alone Should No Longer Provide Police Probable Cause for Warrantless Vehicle Searches The Florida Highway Patrol (FHP) and the Florida State Attorney’s Office in the Nineteenth Circuit are “ahead of the curve” in protecting the privacy rights of Florida drivers in response to recent changes in the marijuana and hemp laws.....

The Importance of Miranda Warnings

November 28, 2023
“You have the right to remain silent…” “Miranda rights” are often written into the scripts of movies and TV shows. Miranda warnings protect your rights during an arrest by advising you of your right to remain silent and your right to a lawyer. It is important for anyone being arrested on federal or state criminal charges to understand how Miranda works to protect....