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CrimDef4 January 23, 2019

What is the Matrix? A Revolution in Pretrial Release. Whoa!

There is a presumption, built into our Constitution, that a person charged with a crime is entitled to be released before trial; he or she is, after all, still presumed innocent.  Historically, at a hearing called First Appearance, the court would determine an amount of money that the defendant must post as bail in… Read More »

PoliceSearch January 21, 2019

License Plate Readers: Is Big Brother Watching?

License plate readers automatically take time-stamped photos of vehicles entering and leaving an area.  These photos can be great evidence when someone commits a crime.  They can help police officers nab criminals before they leave the city for good, and they can help prosecutors prove a case at trial. Because they are such a… Read More »

CrimLaw9 January 18, 2019

The Alleged Victim Just Got New Rights. Did the Accused Just Lose Some?

On November 6, 2018, voters approved Amendment 6, which amended the Florida Constitution to vastly expand the rights of victims of alleged crimes.  Amendment 6 took effect on January 8, 2019.  While the goal of enhancing victims’ rights certainly sounds noble, it appears that Amendment 6 has altered the criminal justice system in a… Read More »

Boat3 January 16, 2019

“Don’t Drink and Drive” Applies to Boats, Too

Most people understand that driving under the influence is not only against the law, but dangerous as well.  When it comes to boating under the influence, however, the laws and risks are not as well-known.  Alcohol is often present on boats, especially on Florida lakes and waterways on holiday weekends.  Boats are different from… Read More »

Courtroom January 14, 2019

First Appearances: Lasting Decisions

A person arrested on a crime is entitled to a hearing within 24 hours to determine whether, and under what conditions, he or she can be released from jail while waiting for trial.  This hearing is called First Appearance.  In Palm Beach County, First Appearances are held in the morning at the Palm Beach… Read More »

DomeViol2 December 12, 2018

Motocross Champ Arrested for Domestic Violence

Hitting someone is never a good idea. However, many men—and women—get frustrated or angry with their partner and resort to domestic violence. A motocross champ from Brazil was recently arrested for giving his girlfriend a black eye in Florida. Erick Bretz has been accused of assaulting his girlfriend, who is also from Brazil but… Read More »

Stand December 10, 2018

Recent Developments in Stand Your Ground and Defenses to Weapons Charges in Florida

A new case involving the “Stand Your Ground” statutes is before the Florida Supreme Court.  Love v. State of Florida, Case No.  SC18-747.   Interested persons and associations are paying careful attention.   The issue before the Court is whether the statutory procedure in court for asserting “Stand Your Ground” is constitutional, and if the procedure… Read More »

DUI5 November 28, 2018

Ice Cream Shop Visit Leads to DUI for Florida Man

DUI stops tend to occur when someone is pulled over while driving. Rarely do they result from visits to the ice cream shop, but that was what happened recently in Florida. Instead of a sweet treat, a man got a ride in a police car. The incident happened on October 8 at Royal Scoop,… Read More »

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