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Florida DUI Myths Debunked

You went out with some friends after work and enjoyed a couple adult beverages. You thought you were okay to drive home, but you have found yourself pulled over and being told that the officer suspects you of driving under the influence. Your stomach sinks as the handcuffs are placed around your wrists and you are taken to the station.

There is no doubt that being arrested for DUI is frightening and stressful. It doesn’t mean, though, that the rest of your life is ruined or you do not have a right to fight your case. There are serious consequences that come along with a DUI charge, but there are also… Read More

When Can the Police Impound Your Car?

Knowing when the police are permitted and not permitted to impound your vehicle is important if you are ever pulled over. Getting your car out of impound is a frustrating and potentially expensive process that most people would prefer to avoid. Police cannot impound your car without reason; here is when they can make that choice.

1. Evidence of a Crime

When someone is arrested, the police officer is permitted to search their person to retrieve evidence. This is called “search incident to arrest.” You may not, in other words, be searched simply because you were pulled over for speeding… Read More

Medical Marijuana and DUI – Not in Arizona

You may have missed it if you weren’t watching closely. Late last year, just before Christmas rolled around, the Arizona Court of Appeals ruled that any person with a prescription for medical cannabis who was charged with DUI had the right to contest those charges. This would force law enforcement officials who issued the charges to prove that the person had an amount of THC in their system that impaired their ability to drive safely. Proving how much THC a person has in their system while they are behind the wheel is difficult as there are no immediately accurate tests available.
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The Truth Behind Pleading Insanity

Chances are you have seen the following scenario on a television program or in a movie: A person is accused of a crime and begins to act slightly atypical in preparation for an insanity defense. The person is declared insane, and the case is wrapped up without the defendant going to jail. In real life, being declared legally insane or not competent to stand trial is a bit more complicated.

In order to be declared legally insane, a defendant must prove several things to the court. A court must believe that the person did not know right from wrong, that they did not understand what they were doing when they… Read More

Why Mistrials Occur and What Happens in Their Aftermath

When a trial is not completed successfully, there is said to have been a “mistrial.” The trial is terminated rather than concluded, and the entire process that occurred is declared void. A mistrial occurs at some point in a trial before the judge or a jury returns a decision. A mistrial can be asked for by either side at any point in the proceedings.

A mistrial can occur when:

  • A member of the jury dies. An alternate juror may be seated or the judge may determine that declaring a mistrial is in order.
  • An attorney dies. A mistrial can occur when an attorney for either side passes away during
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Protestors and Demonstrators Have Rights in Florida

In the aftermath of the presidential election, many groups are organizing protests and marches. These organized activities can occur for any number of reasons and, when they take place in Florida, it is important for citizens of the state to understand their rights and responsibilities. If you will be participating in one of the upcoming marches or can see yourself protesting in the future, here is what you need to know.

You Have the Right to Protest

Any person in the United States has the right to peaceful protest as outlined by the U.S. Constitution. The government can, however, impose restrictions… Read More

Criminal Law Statute of Limitations in Florida

According to Florida’s criminal statute of limitations, a prosecutor only has so much time to file charges against a person. In the case of serious crimes like murder, there is no time limit. In other crimes, particularly misdemeanors and non-violent felonies, a statute of limitations kicks in from the commission of the alleged crime. Here are the basic provisions as set forth by the state of Florida.

First-Degree Felony: In the case of a felony of the first degree, a prosecutor can file charges up to four years after the crime has been committed.

Other Felonies: When the crime committed… Read More

Airport Firearms Bill May Stall in Wake of Shooting

Just over a week ago, a gunman opened fire in the Fort Lauderdale-Hollywood International Airport. Esteban Santiago, the confessed shooter, killed five people and injured eight more. The gunman had purchased a one-way ticket to Florida, packing his weapon with him. He entered an airport restroom, loaded his firearm and came out shooting.

This mass shooting is the sixth in the United States in 2017. It began when Santiago retrieved his gun from his checked case. Just prior to the shooting, Florida lawmakers were gaining support for SB 140, a bill that would allow handguns to be carried in passenger… Read More

Airport Shooting in Fort Lauderdale

In the wake of the shooting at an airport in Fort Lauderdale, more information is being released about the shooter. Esteban Santiago is now in custody, after killing several people in baggage claim and injuring others.

It is now known that Santiago told FBI officials in Alaska that his mind was being controlled by US Intelligence. His mental state was concerning enough to officials at that time that his firearm was removed and a mental health evaluation was ordered. Though officials took the correct steps, it wasn’t enough to have the man declared mentally unfit and unable to carry a weapon.… Read More

How Attorneys Attempt to Suppress Evidence

If you have been charged with a crime, you may find yourself in court. You and your attorney will have spoken at length, and chances are you already know about the evidence the prosecution will attempt to use against you. An attorney experienced in criminal defense knows how to suppress evidence, and may file motions to suppress in order to get certain pieces of evidence thrown out before it can be used against you.

The Exclusionary Rule

When evidence is gathered illegally, it is thrown out of court using the exclusionary rule. This prevents the prosecution from using evidence which may violate … Read More

 

Find Out How Our Criminal Defense Lawyers Can Help You Katz & Phillips, P.A. works to try to keep your record clear and keep you out of jail, or to minimize the possible penalties of serious charges you face. To learn more, call today and speak with an experienced member of our legal team
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