Sarasota Criminal Attorney Blog

Court Discusses Admissibility of Refusal to Submit to Chemical Testing in Florida DUI Case

February 19, 2019 | by Hanlon Law, PA

If a person is stopped due to suspicion of driving under the influence (DUI), the police will typically ask the person to submit to field sobriety tests and chemical testing to assess whether he or she is impaired. Florida’s implied consent statute requires licensed drivers to submit to chemical testing and the refusal to submit to said tests can result in the suspension of the driver’s license. Additionally, in many cases, the refusal to submit to chemical testing can be introduced at trial as evidence of guilt.

A Florida appellate court recently held, however, that in cases where the police fail to advise a driver of the consequences of refusing to submit to chemical testing, evidence of the driver’s refusal to submit to testing cannot be introduced at a trial for a DUI charge. If you live in Sarasota and are currently charged with DUI or other crimes, you consult a trusted Sarasota crime defense attorney to develop a strategy for your defense.

Facts Surrounding the Defendant’s Arrest

Allegedly, the defendant, who was driving an SUV, rear-ended a person driving a scooter. The defendant did not stop after he struck the person but continued driving. He then struck a stop sign and briefly exited his vehicle before resuming driving. He was pulled over shortly after the incident. He was transported to a police station where he refused to submit to either field sobriety tests or chemical testing. The defendant was charged with leaving the scene of an accident with death, DUI causing damage to property or injury, and DUI causing death. Prior to the trial, he filed a motion to preclude the State from introducing evidence of his refusal to submit to any kind of testing, on the grounds that the arresting officer did not read him Florida’s implied consent law or advise him of the adverse consequences he might face for refusing to submit to testing. The court denied his motion. The defendant was subsequently convicted of all charges, after which he appealed.

Florida Court Vacates Conviction for Possession of a Conveyance to be used for Trafficking Due to Lack of Evidence

February 12, 2019 | by Hanlon Law, PA

In all criminal cases, the State bears the burden of producing evidence that the defendant committed the crime for which he or she is charged. If the State does not produce adequate evidence of a crime, the defendant should not be convicted. If a defendant is convicted despite insufficient evidence of a crime, as a general rule, he or she can only appeal if he or she objected to the sufficiency of evidence during the trial. An exception to this rule occurs when there is no evidence that the defendant committed a crime, however.

This was demonstrated in a case decided by a Florida court, where the court overturned a conviction for possession of a conveyance to be used for trafficking, due to the State’s lack of evidence of the crime. If you live in Sarasota and are currently facing criminal charges, you should consult a trusted Sarasota crime defense attorney to develop a strategy for your defense.

Alleged Facts Regarding the Crime Committed

Allegedly, a detective was at a package distribution center when a package was brought to his attention. The package was addressed to the defendant, who did not live at the address to which the package was sent. The package was delivered to a house located at the address listed on the package. Shortly thereafter, the defendant pulled up to the house in a car and went into the house. He left the house with the package a few minutes later and got into his car and drove away. The police then arrested the defendant. The defendant was charged with cocaine trafficking, possession of a conveyance to be used for trafficking, and possession of drug paraphernalia. Following a jury trial, the defendant was convicted on all charges. The defendant appealed the possession of a conveyance to be used for trafficking conviction.

Florida Court Overturns Sentence due to Scoresheet Error

February 5, 2019 | by Hanlon Law, PA

When a person is convicted of a crime, there are several factors that are considered in determining an appropriate sentence. For certain crimes, the court must employ a sentencing scoresheet to determine the minimum sentence that may be imposed. If a court does not properly classify the crimes for which the defendant was convicted on a sentencing scoresheet, however, it can result in an inappropriate sentence.

This was illustrated recently in a case heard by a Florida appellate court, in which the court reversed the defendant’s sentenced due to a scoresheet error. If you live in Sarasota and are currently facing criminal charges, you should meet with an experienced Sarasota crime defense attorney to formulate a plan for your defense.

Facts Surrounding the Defendant’s Arrest

Reportedly, the defendant was on probation for a drug charge when he was charged with armed kidnapping and robbery with a weapon. He entered a no contest plea to violating his probation, and the State offered a factual basis for his plea. The state alleged that three men entered a cell phone store, bound one of the employee’s arms behind her back, and stoles several phones. Prior to leaving, one of the men sprayed the employee in the face with pepper spray. A short time thereafter, a similar robbery occurred at a different cell phone store. The second store had surveillance video, which ultimately led to the defendant’s arrest. The defendant stipulated to the facts introduced by the State but argued that he played a lesser role in the crimes.