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People accused of DUI violations and other crimes have the right to a fair trial. As a result, if a judge sitting over a criminal case exhibits undue prejudice against the defendant, it may be possible to argue that the judge should not be allowed to preside over the case. In a recent judgment delivered in a DUI case, a Florida court explained what a defendant seeking a writ of prohibition banning a judge from hearing a case must prove. If you’ve been charged with a DUI, it’s a good idea to speak with a Florida DUI defense lawyer to discuss your options.

The Case’s Background

According to reports, the defendant was charged with multiple alcohol-related offenses, including DUI (driving under the influence) with significant physical injury and property damage. He was released on bond, but was later arrested and charged with a number of crimes, including vessel homicide and boating while intoxicated.

According to reports, his bond was revoked by the trial court, and the State filed a motion for pretrial custody, citing a past DUI conviction in another state. After determining that the State met the threshold for proving that pre-trial custody was required, the court granted the application. After being acquitted, the defendant filed a petition for a writ of prohibition to prevent the assigned trial judge from continuing to preside over his criminal case. After his move for reconsideration was denied, he also filed a petition for review of the pretrial detention order. Continue reading →

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Posted in: DUI
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Providing false information to an insurance company in an effort to obtain benefits is a crime in Florida. Simply because an insurer does not rely on false information offered by an insured does not mean that an insured cannot be convicted of insurance fraud for offering such information. The State’s burden of proof in insurance fraud cases was the topic of a recent Florida opinion in a case in which the State appealed the dismissal of its charges against the defendant. If you are accused of committing fraud, it is in your best interest to consult a St. Petersburg criminal defense attorney to evaluate what defenses you may be able to assert.

Facts of the Case

It is reported that the defendant was involved in a car crash in July 2016. He reported the accident to his insurer twice, and both times stated his car had been stolen and he was not driving it at the time of the collision. The insurer received the police report regarding the crash, though, which stated he was driving when it occurred. The insurer relied on the report and paid it out under the defendant’s collision coverage. The State ultimately charged the defendant with filing a false insurance claim. The defendant then moved to dismiss the charges on the grounds that the State failed to allege that the insurer relied on his false statements. The court granted the motion, and the State appealed.

Elements of Insurance Fraud in Florida

On appeal, the appellate court reversed the trial court ruling. The court explained that the statute was clear and unambiguous, and therefore, must be given its obvious and plain meaning. In relevant part, the statute stated that a person commits insurance fraud if they present any oral or written statement to the insurer in support of a claim, with the knowledge that it contains false, misleading, or incomplete information. Continue reading →

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Posted in: Fraud
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If law enforcement suspects that people are engaged in unlawful activity within a residence, they will typically obtain a warrant to search the property and seize any evidence of illegal behavior. The police must have more than a hunch that a person is breaking the law to obtain a warrant, though, and if a warrant is issued without just cause, any evidence obtained via the subsequent search may be inadmissible. Recently, a Florida court explained what constitutes reasonable suspicion for the purposes of issuing a warrant, in a case in which the defendant moved to suppress evidence that led to numerous theft and weapons charges, on the basis that the court lacked adequate grounds to issue a warrant. If you are charged with a theft crime, it is advisable to speak to a St. Petersburg criminal defense attorney to determine what you can do to protect your rights.

The Defendant’s Charges

Allegedly, the police searched the defendant’s home pursuant to a warrant and found firearms, weapons paraphernalia, evidence of fraud, and electronic identity theft devices. The defendant was subsequently charged with aggravated identity theft and possession of a firearm by a convicted felon in violation of federal law. He moved for suppression of the evidence obtained via the warrant. The case was referred to a magistrate judge, who issued a report recommending that the court deny the motion. The defendant filed objections in response to the recommendation. The court ultimately found the defendant’s objections unavailing and denied his motion.

Reasonable Suspicion in Criminal Cases

Under the Fourth Amendment, warrants will not be issued absent probable cause, supported by an affirmation or oath that specifically describes the place to be searched and the things or people to be seized. Probable cause to issue a search warrant is present when the circumstances, taken as a whole, demonstrate that there is a fair likelihood that evidence of a crime or contraband will be found in a particular case. Continue reading →

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Posted in: Theft
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Many people who have a criminal history are prohibited from owning or purchasing weapons. Thus, they can be charged with crimes if they are caught with guns in their possession. They can also face criminal accusations for lying to arms dealers to obtain weapons, and depending on the facts of the case, may face significant penalties. This was demonstrated in a recent Florida case, in which a court issued an opinion discussing sentencing enhancements for the crime of making false statements to a firearms dealer. If you are charged with a weapons offense, it is smart to meet with a St. Petersburg criminal defense attorney to discuss your potential defenses.

Facts of the Case

It is reported that the defendant attempted to purchase a rifle from a gun shop in Pensacola. As part of the process of buying the gun, he was asked to undergo a background check, which he failed. Thus, he was denied the right to purchase the gun.

Allegedly, a review of the form the defendant completed for the background check revealed that he lied on a question regarding whether he was subject to any order restraining him from stalking, harassing, or threatening an intimate partner. Thus, the defendant was charged with making a false statement to an arms dealer in violation of federal law. He entered a guilty plea but later appealed his sentence arguing that the State did not establish that the sentencing enhancements were warranted. Continue reading →

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Many people who are charged with crimes want to fight to clear their names and prove they are not guilty. In some cases, though, it may be prudent for a person charged with a crime to consider accepting an offer of a reduced sentence in exchange for an admission of guilt. While accepting a plea deal is often the best option, it is important for people contemplating entering into such agreements to understand the implications of their decision as well as their rights.  If you are charged with a crime, it is advisable to speak to a St. Petersburg criminal defense attorney as soon as possible to evaluate your options.

What is a Plea Deal in Florida?

A plea deal is essentially an agreement in which a criminal defendant agrees to enter a certain plea for which the prosecutor agrees to provide a benefit, which may be reduced charges or a lesser penalty. In other words, pursuant to Florida Rule of Criminal Procedure 3.171, prosecutors may negotiate with either criminal defendants, if they are not represented by counsel, or their attorneys if they are, to come to an agreement that, if the defendant pleads guilty or no contest to a certain charge or lesser offense, the prosecution will either abandon any other charges, agree to suggest or decline to oppose the defendant’s request for a specific sentence, agree to a certain sentence, or speak to the victim and other interested parties and inform the judge of their views.

Prosecutors have broad discretion over whether to offer defendants plea agreements and are not obligated to do so. Prosecutors do have an obligation to let the judge know the material facts of the case, including the defendant’s background, before the judge is also required to let the trial judge know about all material facts related to both the crime and the defendant’s background before the judge can accept a plea, however. Continue reading →

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Florida, like many states, allows people to use marijuana for medicinal purposes but outlaws recreational use. In other words, people can still be charged for crimes for certain marijuana-related activities. Additionally, there is sometimes a stigma attached to the use of marijuana, regardless of whether it is for medicinal purposes. Thus, it is important for people in Florida who currently have or are considering seeking a medical marijuana card to understand their rights under the law. If you are accused of a marijuana offense, it is smart to meet with a capable St. Petersburg criminal defense attorney to determine what defenses you may be able to assert.

Can You Be Arrested for Using Marijuana if You Have a Medical Marijuana Card?

People authorized to consume medical marijuana must nonetheless abide by the laws regarding its use. For example, they cannot possess, use, or administer marijuana that was not obtained from a medical marijuana treatment center. Additionally, there are certain places that people cannot use marijuana, such as any form of public transportation or in any public place unless they are using low-THC cannabis that is not in a form intended for smoking. They also cannot use it on a school bus or vehicle, or school grounds. Finally, they cannot use it in indoor workplaces or a place of employment unless it is permitted by the employer.

Is Marijuana Use Permitted During Probation?

People who are placed on probation following convictions are typically prohibited from using illicit drugs. While recreational marijuana use is still not permitted for people on probation, those sentenced to probation can lawfully use marijuana if they have valid medical marijuana cards. Continue reading →

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Florida, like most states, keeps track of people who have been convicted of sex crimes. As such, there are numerous criminal convictions that can require a person to register as a sex offender. Being forced to register as a sex offender can greatly impair a person’s ability to find employment, housing, and maintain relationships. Many people who are on the registry, therefore, contemplate whether it is possible to get their names permanently removed from the list. If you were convicted of a sex crime, it is advisable to speak with a knowledgeable St. Petersburg criminal defense attorney to explore what measures you can take to protect your rights.

Sex Offender Registry in Florida

The Florida Sex Offender Registry is a searchable public database that provides information regarding people who have been convicted of certain crimes. Specifically, it lists their names, date of birth, race, sex, hair and eye color, height, and weight. The registry also includes people’s occupations, including whether they have any professional licenses, notes, tattoos, or other identifying marks, and has a photograph of the person.

Pursuant to statutory law, people are required to register as sex offenders if they have been convicted for numerous crimes that are sexual in nature, including rape, sexual battery, child molestation and prostitution, lewd and lascivious offenses, like public exposure, and possession or distribution of child pornography. Even crimes that do not seem inherently sexual, like kidnapping and false imprisonment, may require a person to register as a sex offender. In many instances, people are not aware of the requirement to register as a sex offender if they are convicted of certain crimes and will unwittingly plead guilty and subsequently have to place their name on the list. Continue reading →

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When a person is charged with a crime, the court will typically set one or more hearings that the individual must attend. Even if a person makes every effort to appear in court, mistakes sometimes happen, and a criminal defendant may fail to show up for a scheduled hearing. It is important for people who have missed court dates to understand the potential consequences of their actions and what measures they should take to mitigate the possible penalties. If you missed a scheduled criminal hearing, it is in your best interest to meet with a capable St. Petersburg criminal defense attorney as soon as possible to assess your options.

What to Do if You’ve Missed Your Court Date

First, it is prudent for anyone who has missed a court date to contact an attorney as soon as possible. Typically, the attorney will contact the court and attempt to diminish any negative ramifications that may arise out of the failure to appear. For example, if you were released on bond prior to the hearing, the bond may be forfeited, and you may have to pay additional fees to remain out of jail. In some instances, the bond may be revoked altogether, and you may be sentenced to pre-trial detention. The judge could also issue a bench warrant, which means that the police can arrest you and detain you in jail until your next hearing date.

Perhaps the most serious consequence you might face for the failure to appear for a court hearing is in additional charges outside of the offenses the hearing you missed was scheduled to address. Specifically, Florida Statute 843.15 provides that if you willfully fail to appear before a judge, you may be charged with a crime. If the underlying offense you are charged with is a felony, you will be charged with a felony of the third degree, while if the underlying charge was a misdemeanor, you will be charged with a misdemeanor of the first degree. You may also be held in contempt of court. Continue reading →

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One of the initial questions many criminal defendants have is whether they will be released on bail prior to their criminal trials. If a defendant is detained prior to trial, it may not only result in a loss of liberties, but it may also greatly impact the defendant’s ability to participate in formulating a compelling defense. Thus, a defendant that is detained prior to trial may ask the court to reconsider its ruling, but such reversals are not easily obtained. This was demonstrated in a recent Florida opinion in which the court recommended that the defendant’s pre-trial detention be sustained, in a matter where the defendant faced numerous gun crimes. If you are charged with a firearms offense, it is advisable to speak to a knowledgeable St. Petersburg criminal defense attorney about your rights.

The History of the Case

It is reported that the defendant was arrested and charged with numerous gun crimes after he was observed in a crowded casino with a backpack containing loaded firearms. The defendant had an extensive criminal history that included numerous convictions for weapons offenses, theft, attempted robbery, and probation violations. Following his arrest, a pre-trial detention hearing was held, during which the court determined the defendant posed a danger to the community. Thus, an order of detention was issued. The defendant appealed, arguing the trial court erred in ordering pre-trial detention.

Grounds for Ordering Pre-Trial Detention

The court explained that if pre-trial detention is ordered by a magistrate judge or a person other than a court having original jurisdiction over the case, the defendant may file a motion with the court that has original jurisdiction, requesting a revocation and amendment of the order. In the subject case, the order was issued by a magistrate court. Thus the matter was filed with the district court. Continue reading →

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Typically, when a person is convicted of a crime and sentenced to probation, the court will issue terms the person must comply with as part of his or her release. Thus, a defendant that violates one or more conditions of probation may face probation revocation. Recently, a Florida court issued an opinion discussing what is weighed in determining whether a violation of a condition of probation warrants revocation in a case in which the defendant on probation for aggravated battery was accused of violating numerous terms of his release. If you are accused of violating a probationary term, it is in your best interest to meet with a trusted St. Petersburg criminal defense attorney regarding your options.

History of the Case

It is reported that the defendant was charged with multiple crimes, including aggravated battery. He entered into a plea agreement that included sixty months of probation. In the first two years of his probation, the defendant was found to be in violation and was placed on community control. Another affidavit of violation was filed, alleging two additional violations of his community control, namely that he failed to remain in his residence and failed to complete a drug treatment program.

Allegedly, a hearing was held during which it was determined that the defendant was not present at his residence and his absence was not authorized, but that he was released from his drug treatment program due to health issues. He was found to have violated both conditions, and his community control was revoked. He was then sentenced to over five years in prison, after which he appealed. Continue reading →