Criminal Defense News

Confused about refusing a Breath test? Refuse Breath Test Drivers can seek to have an alleged refusal to take a breath test thrown out of court using the “confusion doctrine,” when the implied consent warnings are given following the administration of the Miranda warnings. If successful, the refusal of a breath test was not willful…

Do Florida Police Need a Search Warrant to Download the Data From a Motor Vehicle’s Black Box? A court in Palm Beach Florida has just ruled that the police need a search warrant in a DUI case when they seek to recover the data from a car’s Black Box. This device is known as a…

“we are not inclined to believe that the Fifth Amendment should provide greater protection to individuals who passcode protect their iPhones “ A court in Florida just ruled that a defendant could be forced to provide the password to his iPhone. A distinction is important – they got a search warrant. Without a warrant, the…

Bank of America in Florida can by hit hard for customer injured during a false robbery alarm. A team of police officers armed with heavy weapons responded to a false alarm and cops responding hit one of their customers. In this case a guy was at a bank and there was a false alarm for…

Is a Defendant Allowed Access to an Attorney When Questioned by the Police? Not in Pasco County, Florida – Until this week, a Pasco Criminal Defense Attorney could be denied access to aclient who was under interrogation by detectives. A running joke in this small Florida county was that, “The Supreme Court closes at 5…

Can a Speeding Vehicle That Crashes and Results in the Death of a Passenger Result in Vehicular Homicide Charges in Florida? Vehicular Homicide charges can be filed after a death in a crash. However, speed alone will not be enough to be convicted. The law differentiates between negligent driving conduct, which exposes a wrongdoer to…

When has a Seizure of a Suspect or Defendant Occurred? A seizure occurs when a reasonable person in the defendant’s position would not feel free to terminate the encounter. Recently I reviewed a case where the cop told a suspect that if he moved, he would be shot. He was not handcuffed or arrested at…

“The United States Attorney’s Office for the Northern District of California announced that [a man from] Pleasant Hill, California, pleaded guilty today in federal court in Oakland to hacking into government computers and then defacing government websites with material illegally obtained from those intrusions. He pleaded guilty to each count of a five-count indictment charging…

According To The Florida Bar, Board Certified Criminal Trial Lawyers Are Specialists. Compare Tampa criminal defense attorneys in the chart below: Florida Attorney’s Name Is This Attorney Florida Bar Board Certified in Criminal Trial Law? W. F. Casey Ebsary, Jr. Board Certified CriminalTrial Lawyer John Castro Christian Denmon Nicole Denmon Richard Escobar Frank Fernandez Darren…

Tampa Criminal Defense BUI Attorney will be providing live Arrest Reports we will not be using names, but only the charges made, the time and location of the Gasparilla Arrests from the Gasparilla Pirate Fest. We will have video and updates throughout the day. We will be monitoring several sources including the Hillsborough County Jail…