Badge - Avvo Rating 10, Superb
Badge - Natitonal Association of Criminal Defense Lawyers
Expertise badge
Badge - Avvo Rating, Top Attorney
Expertise Best Criminal Attorneys in St. Petersburg
The National Trial Lawyers Top 100

| by

A DUI case can hinge on what happened before the officer activated the flashing lights. An un-signaled lane change or movement within a lane does not automatically justify a traffic stop; nearby traffic and potential safety risks can make the difference. This was discussed in a recent Florida decision that examined whether a driver’s late-night movements gave an officer a lawful basis to pull him over. If a traffic stop led to your DUI arrest, a Sarasota DUI defense attorney can examine the officer’s observations and determine whether grounds exist to challenge the stop.

Facts and Procedural History

Allegedly, shortly after 3 a.m., an officer saw the defendant change lanes twice without signaling and weave in and out of a lane over a block or two. Other vehicles were on the road. Suspecting impairment and a possible traffic hazard, the officer activated emergency lights and used a horn and siren. The defendant continued driving for several blocks before stopping.

Reportedly, the officer approached the vehicle and smelled a strong odor of alcohol. The officer observed red, watery, bloodshot eyes and had to repeat instructions to turn off the vehicle and step outside. After a roadside assessment, police arrested the defendant for driving under the influence. The State charged the defendant with one DUI count. Continue Reading ›

by
Posted in: DUI
Updated:

| by

A continuing encounter with multiple officers does not always support a separate resisting charge for each officer involved. A Florida court recently considered whether a student’s uninterrupted resistance during an arrest at school constituted one criminal act or two. Its decision explains how location, timing, intervening events, and intent affect double jeopardy analysis. If you or your child are confronting juvenile delinquency allegations, you should consult a Sarasota juvenile defense attorney to understand how constitutional protections may limit multiple adjudications.

Facts and Procedural History

Allegedly, school deans conducted an administrative search after receiving information that a student possessed a vape device. One school resource officer stood by for safety while a dean performed the search. The student became hostile, took the device from the administrator, and resisted when the officer intervened to restrain the student and recover it.

Reportedly, the first officer arrested the student and called a second officer for assistance. The student continued pulling away and refusing commands after officers applied handcuffs. They walked the student about 22 seconds to an office to await transportation, and the resistance continued there. While the first officer briefly left, the student resisted the second officer and later obtained the vape while handcuffed and blew vapor toward that officer.

Continue Reading ›

| by

Criminal cases frequently turn on whether law enforcement officers respected a suspect’s constitutional rights before obtaining statements or written admissions. Even when an investigation begins with a private business, police involvement can transform an encounter into a custodial interrogation that requires constitutional safeguards. A recent ruling in a Florida theft case demonstrates how courts evaluate the role police officers play in obtaining evidence. If you have been arrested for theft, speaking with an experienced Sarasota criminal defense attorney as early as possible can help you protect your rights and prepare an effective defense strategy.

Factual and Procedural History

Allegedly, the defendant was detained by a department store’s loss prevention personnel after being suspected of attempting to steal approximately $230 worth of children’s clothing. The defendant was placed inside a locked holding room within the store, where two uniformed, on-duty police officers were present. While confined in the room, the defendant was questioned and signed a department store acknowledgment form admitting to the attempted theft. The defendant did not receive Miranda warnings before answering questions or signing the form.

Continue Reading ›

| by

Self-defense often becomes the central issue in violent crime prosecutions, particularly when conflicting witness testimony leaves jurors to decide whether a defendant reasonably believed deadly force was necessary. Even when evidence supports a self-defense claim, an incorrect jury instruction can unfairly undermine that defense and affect the outcome of a trial. A recent Florida decision demonstrates how critical accurate jury instructions are when self-defense is at issue. If you have been charged with murder or another violent offense in the Sarasota area, speaking with an experienced Sarasota criminal defense attorney as soon as possible can help you protect your rights and build the strongest defense available.

History of the Case

Allegedly, the defendant accompanied a friend to an apartment where the friend planned to sell cannabis to two individuals. According to the evidence, the buyers instead orchestrated a plan to steal the drugs by disguising a router as a bundle of cash. After the exchange began, the transaction quickly deteriorated into a violent confrontation. Witnesses offered conflicting accounts regarding who initiated the violence. The defendant maintained that one individual attacked his friend while the other reached for what appeared to be a firearm or knife, causing the defendant to fire his weapon because he feared for his life and the life of his companion. One participant survived multiple gunshot wounds, while the other died.

Reportedly, the defendant was convicted of third-degree murder and attempted felony murder. Throughout the trial, his defense centered entirely on Florida’s justifiable use of deadly force statutes. Defense counsel objected to several proposed jury instructions, arguing that certain language regarding the forcible felony exception could improperly negate the defendant’s self-defense claim. The trial court nevertheless gave the challenged instruction, denied the defendant’s motions for judgment of acquittal and for a new trial, and entered judgment. The defendant appealed, challenging the sufficiency of the evidence and multiple jury instructions.

Continue Reading ›

| by

DUI cases often involve disputes over the evidence presented to juries and the testimony offered by law enforcement officers. Defendants frequently challenge statements that they believe unfairly influence jurors or improperly bolster the State’s case. Courts must then determine whether the challenged testimony crossed the line from permissible evidence into reversible error. A recent Florida ruling addressed both officer testimony in a DUI trial and the use of a defendant’s refusal to submit to a breath test as evidence. If you are facing DUI charges or any criminal allegation, it is important to consult an experienced Sarasota criminal defense attorney as soon as possible to protect your rights and develop an effective defense strategy.

Case Setting

Allegedly, the defendant was charged with driving under the influence following an investigation by law enforcement officers who responded to the scene of an accident. The case proceeded to a jury trial in the county court, where the State presented testimony from the officers involved in the investigation and arrest.

Reportedly, during the trial, one of the arresting officers testified regarding his DUI investigations and explained that not every person he stops for suspected DUI is ultimately arrested. Defense counsel repeatedly objected to this testimony, arguing that it improperly bolstered the State’s case by suggesting that officers only arrest individuals when they are genuinely guilty of DUI offenses.

It is reported that the jury ultimately found the defendant guilty of DUI. The defendant appealed the conviction, arguing that the trial court erred by allowing the officer’s testimony. The defendant also contended that the State improperly suggested she was attempting to conceal evidence of guilt by declining to submit to a breathalyzer test, thereby committing fundamental error during the proceedings.

Continue Reading ›

| by
In federal criminal cases involving sentence enhancements under the Armed Career Criminal Act (ACCA), courts must carefully determine who decides key factual issues that can dramatically increase a defendant’s sentence. A recent Florida ruling reinforces the constitutional requirement that juries, not judges, must resolve certain factual determinations that expose defendants to heightened penalties. If you are facing federal firearm charges or potential sentence enhancements in Florida, it is critical to consult a Sarasota criminal defense attorney who can help you take the measures necessary to protect your rights during every phase of your case.

Facts and Procedural History

Allegedly, law enforcement officers encountered the defendant at a motel in Jacksonville after the property manager reported repeated trespassing. Officers attempted to remove the defendant from the premises, but when the defendant refused to comply, they placed him under arrest. During the arrest, officers discovered a loaded firearm in the defendant’s possession, leading to federal charges for possession of a firearm by a convicted felon.

Continue Reading ›

| by
In criminal prosecutions involving allegations of sexual misconduct, courts must carefully balance a defendant’s right to a fair trial with the need to maintain orderly and efficient jury selection. One recurring issue arises during voir dire, where counsel seeks to uncover potential juror bias while courts guard against improper attempts to preview the case. A recent Florida ruling illustrates how courts evaluate whether limits placed on voir dire questioning improperly restrict a defendant’s ability to present a defense. If you are charged with a sex crime, it is essential to speak with a Sarasota criminal defense attorney who can safeguard your constitutional rights at every stage of the proceedings.

History of the Case

Allegedly, the defendant was charged with two counts of lewd and lascivious molestation involving a minor under the age of sixteen, based on accusations made by the victim, who claimed that the defendant, her mother’s partner, engaged in inappropriate conduct. The defense theory centered on the claim that the accusations were fabricated to influence custodial arrangements.

Continue Reading ›

| by
In federal criminal prosecutions, courts frequently confront disputes over whether expert testimony will assist jurors or improperly influence their determination of a defendant’s intent. These evidentiary challenges often arise in drug trafficking cases, where law enforcement experts seek to explain industry practices that may not be readily understood by laypersons. A recent Florida decision highlights how courts balance the probative value of such testimony against the risk of invading the jury’s role. If you are facing serious drug or firearm charges, it is essential to consult a Sarasota criminal defense attorney who can evaluate the admissibility of critical evidence and protect your rights.

Case Setting

Allegedly, the defendants were charged in a multi-count federal indictment involving drug trafficking conspiracy and firearm-related offenses arising from separate incidents, including traffic stops and a drug interdiction at an airport. The charges included possession of firearms in furtherance of drug trafficking crimes and possession of firearms by a convicted felon. The case proceeded toward trial in the federal district court.

Continue Reading ›

| by

Postconviction challenges based on juror misconduct strike at the core of a defendant’s right to a fair and impartial jury, yet Florida law places strict limits on when those claims may be raised. When allegations surface years after a verdict, courts closely scrutinize whether the information qualifies as newly discovered evidence or could have been uncovered through a timely investigation. A recent decision from a Florida court illustrates how narrowly courts interpret the due diligence requirement and why even serious claims of juror nondisclosure may be barred if raised too late. If you are accused of a violent crime, you should talk to a Sarasota criminal defense attorney about what steps you can take to protect your rights.

Facts of the Case

Allegedly, the defendant was convicted of first-degree felony murder and robbery with a deadly weapon and received life sentences on both counts following a jury trial in circuit court. The convictions became final after the appellate court affirmed them by mandate more than a decade earlier.

Reportedly, years after the judgment became final, the defendant filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The motion alleged juror misconduct based on a juror’s failure to disclose information during voir dire, including the criminal histories of close family members and the juror’s proximity to the crime scene. Continue Reading ›

| by

Jury instructions play a central role in ensuring that criminal convictions rest on properly charged offenses and legally sound theories of guilt. When instructions stray beyond the charging document, defendants often argue that such errors undermine the fairness of the trial and require reversal. A recent Florida decision illustrates the limits of that argument and clarifies when instructional mistakes rise to the level of fundamental error. If you are facing criminal charges or considering an appeal, consulting with an experienced Sarasota criminal defense attorney can help you assess whether instructional errors affected the outcome of your case.

Factual Background

Allegedly, the State charged the defendant by information with solicitation to commit prostitution in violation of section 796.07(2)(f), Florida Statutes. The charge alleged that the defendant solicited another person to engage in prostitution by sexual intercourse.

Reportedly, the case proceeded to trial in county court, where the trial judge provided the jury with instructions addressing the charged offense. The instructions also referenced solicitation to commit lewdness and assignation, which were not separately charged in the information. Continue Reading ›