In any criminal case a defendant is entitled to an attorney even if they cannot afford one; the same defendant is also entitled to an attorney who is free from a potential conflict of interest. This normally does not create a problem unless there are multiple co-defendants, who cannot afford…
Articles Posted in Criminal Law
Florida Judge Throws Out Over 100 DUI Breath Test Results
A Manatee County Judge ruled that the Breath Test results in over 100 DUI cases are inadmissible at trial. For the past 3 years, Florida Defense Attorneys have been arguing that breath alcohol results obtained from the “Intoxilyzer 5000” should be suppressed based on the fact that the manufacturer has…
Miami-Dade Criminal Defense Attorneys Stuned after Successful Insanity Defense
After 5 hours of deliberations a Miami-Dade jury came back with a verdict of not guilty by reason of insanity verdict. Defendant Lavenston Horne Horne was charged with shooting and killing both of his parents as his father was fixing dinner on July 8th, 1996. Lavenston also shot his sister…
South Florida, a Top Destination for Prescription Drug Tourism?
They’re not coming for the beaches any more, they’re coming for the Pain Management Clinics. Within the past few years it seems like these clinics have been popping up everywhere, and they’re clearly making money. If you can’t tell from the lines wrapped around the back of the clinic on…
Craigslist Cracks Down On Prostitution Ads
Yesterday, the classifieds site agreed to crack down on ads posted by prostitutes, responding to government complaints that the site has become a free clearinghouse for illegal sexual services. In an agreement with attorneys general from 40 states, Craigslist said it will require posters of erotic-services ads to give a…
Deffective Miranda Warnings Could Overturn Convictions in Florida
The Florida Supreme Court, in a 6-1 ruling, held that statements given by suspects after police administer a flawed Miranda warning may not be used as evidence against them. In The State of Florida v. Kevin Dewayne Powell, The court found that the Tampa Police Department Miranda warnings were misleading…
Fort Lauderdale police investigating claims of using arrest quotas
The Fort Lauderdale Police Department is investigating an officer’s complaint accusing supervisors of instituting quotas for arrests and tickets, a department spokesman confirmed today. Police spokesman Sgt. Frank Sousa said the department’s internal affairs investigators were looking into the charges. The Miami Herald reported in Monday’s editions that a veteran…
Deadly Marijuana ?
According to the Miami-Dade Police department, there is no harmless marijuana. Investigators said Thursday that Yoel Padron Garcia, a guard at a hydroponics lab in Naranja, confessed to shooting at undercover narcotics detectives, wounding one. Garcia was arrested in Dania Beach, 40 miles to the north. Miami-Dade police announced Garcia’s…
DUI Breathalyzer Technician Manipulated Test Results
Florida Department of Law Enforcement Breathalyzer Technician/inspector is fired after manipulating test results. The technician had a pattern of turning the machine off and back on when it looked the machine was about to fail the inspection. In July the FDLE wrote a letter to all of the police departments…
$1,000 fine for speeding 50 mph over limit takes effect in Florida
Brazen motorcyclists and drivers now will be clobbered with a fine in the four figures — $1,000 and up — if they get busted for excessive speeding on Florida roads. And for the bikers, there are additional new rules, including a ban on “popping wheelies,” or lifting the front wheel…