I took a phone call this week from someone with what sounded like a simple question: If I am on probation, can I take still take my medically prescribed marijuana? I didn’t know the answer so I told the caller I would look into it and provide an answer. With the number of people with …
Since 2013, the standard for evaluating the admissibility of expert witness testimony in Florida has been in flux. Prior to 2013, the long-standing standard in Florida was known as the Frye Standard, so named after Frye v. United States, 293 F. 1013 (D.C. 1923). In 2013, the legislature tried to adopt what is known as …
Expecting an Expert? First Frye, then Daubert, Now Back to Frye.Read More »
This week, recreational marijuana became legal throughout the entire county of Canada. Adults can now buy up to thirty (30) grams a day. There are also eight states in the U.S. that have legal marijuana for recreational purposes. Not the case here in Florida however. While some Floridians do have access to marijuana for medical …
The State of Washington just became the 20th state to abolish the death penalty. Florida is not one of the other 19 states it joined. Florida currently has 345 inmate on death row, 3 of which are women. The Florida Department of Corrects has information available for those interested. Duval County tops the list in …
A guide to understanding the sentencing process: When one choses to plead to criminal charges, there are several terms that officers of the court (judges & attorneys) use in the execution and imposition of the sentence. If you are unfamiliar with them, it can be very confusing. My hope, is that this legal guide will …
I Just Pled to the Charge, Now What is Happening?Read More »
The impact of Miranda on a DUI investigation. Miranda rights were established in 1966 in the Supreme Court of the United States case of Miranda v. Arizona, 384 U.S. 436 (1966). In this landmark case the Court concluded that criminal suspects have the right to remain silent and the right to any attorney when being …
I wasn’t read my rights, will my DUI get dismissed?Read More »
I recently saw this question posted on a local website and thought it would be a good subject for this week’s contribution. In Florida, you can indeed get a DUI even if you weren’t found driving. In this post I am just going to address one of the elements of a DUI. The first element …
If you have a security clearance and get arrested for Driving under the Influence (“DUI”), it won’t take you long before you start wondering if you have just jeopardized your livelihood by getting arrested, particularly if there is reason to believe you are guilty. In short, you need to know how a DUI arrest or …
Some Things to Know About Boating under the Influence Since summer is here and boating is such a popular activity throughout Florida, I thought this would be a good opportunity to provide information about Boating under the Influence (“BUI”) law and compare it to Driving Under the Influence (“DUI”). This is important because there are …
Recently, I’ve been reading headlines and have even seen a few Youtube videos touting a method of avoiding contact with law enforcement during a DUI checkpoint. The technique involves making your driver’s license and vehicle registration visible to law enforcement without rolling down your window or otherwise making contact with any officers. However, I haven’t …
What’s This I Hear About Avoiding a DUI Checkpoint?Read More »