The National Trial Lawyers
Expertise 2020
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$5,000 Fine for Solicitation to Commit Prostitution Declared Unconstitutional 2nd FTA = No Bond Capias? Not So Fast… 4th DCA Cites the Wisdom of Arsenio Hall A Cop’s Opinion Gets a Case Overturned A Different Approach to Expunging a Record A Downward Departure for an Unsophisticated Crime A Few Words About Data A Friend With Weed Is a Friend Indeed A Good Story May Get a Burglary and Theft Charge Dismissed A Judge’s Courtroom Rules Get Struck Down A Lesson in Reasonable Suspicion A Loophole for Felony Driving on a Suspended License A Lucky Fool Doesn’t Know He’s Lucky, by Definition (Fooled by Randomness) A Matter of Grace - Early Termination of Probation A New Arrest Does Not Prove a Violation of Probation A New Arrest, by Itself, Is Not Enough to Violate Probation A Question Can Be a Felony A Quick Plea at Arraignment Saves a Felony Charge A Resisting an Officer Arrest That Never Should Have Happened A Tough Loss on an Odd “Drugs in the Car” Case A Violation Based Upon Dirty Urine, Proof Is Now Optional A Violation of Probation for a Traffic Citation - Is This Legal? All Felons Not Eligible For Prison, Haven’t You Heard? An Apartment Full of Drugs and People - Who’s Drugs Are They? An Honest Prosecutor Helps Overturn His Own Conviction Another Bogus Loitering & Prowling Charge Dismissed Another Court Declares Prostitution Statute Unconstitutional Another Judge Catches a Cop Lying Another Loophole Found for Driving While License Suspended as a Habitual Traffic Offender Another Prescription Pill Case Gets Thrown Out Another Trafficking in Pill Case Overturned Another VOP Based Upon Dirty Urine Is Thrown Out of Court Appeals Court Overturns Conviction Based Upon Sixth Amendment Violation Are the Police Allowed to Break Down My Door? As Technology Increases, Privacy Decreases Avoiding Police OK, If You Live in a Nice Neighborhood Bad Closing Argument Gets Felony Conviction Reversed Bad Driving Leads to Drug Charges Be Careful What You Say Be Careful What You Wish For! Because Officers Cannot Tell the Difference Between Illegal Marijuana and Legal Hemp, Should Vehicle Searches Based on Odor Still Be Allowed? Being in a Hurry Can Get You Arrested Better Listen to Mom Big Brother Is Recording Your Conversations Bonding Out of Jail Breakdown of a Classic Bad Stop Broken Tail Light Not a Legal Reason to Stop Buying Stolen Stuff…Is That So Wrong? Can a Broomstick Be a Deadly Weapon? Can a Computer Ever Be Conscious? Can a Court Ignore an Alleged Victim’s Testimony? A Classic He-Said-She-Said Battle Can a Long, Legal Sentence Violate the Constitution? Can a Piece of Paper Send You to Prison? (Crawford 101) Can an Accident Be a Crime? Can Diluted Urine Violate Probation? Can I Be Convicted If There’s No Evidence? Can I Get a… Continuance? Can Knowing About Drugs = Conviction for Possession? Can PTI Be Revoked for a New Arrest? Can Smoking Weed a Month Ago Lead to a DUI Conviction? Can the Government Really Set People Up Like That? Can the Police Break Down My Door? Can the State Benefit From the Illegal Activities of the Police? Can You Be Sent to Jail for Not Remembering Something? Can You Burglarize Your Own Apartment? Can You Get Fired for Smoking Medical Marijuana? Can You Prove Battery Without a Victim? Can You Prove Domestic Violence Without a Victim? Can’t Prove Driving While License Suspended If You Can’t Prove Knowledge Carrying a Concealed Firearm Has Its Limits Carrying Concealed Firearms, But Not Really “Carrying” Cash Is Evil? (... It Can Get You Convicted of Drug Possession) Cellphone Passcode No Longer Protected by Fifth Amendment Cellphone Passwords Protect Against Big Brother’s Invasions Certain Case Outcomes Are Predictable Changing Residence Without Permission Leads to VOP Changing the Color of Your Car Can Cause Trouble With the Law Clarity on Statute of Limitations Issue Conspiracies Are Everywhere Contractor Rips You Off. Is It a Crime? Conviction Reversed After Prosecutor Admits Recanted Statement Cop Flips Out When Not Allowed to Search Car Cop Lights Cause a Seizure Cop’s Hearsay Testimony Overturned by Appeals Court Cops Allowed to Search Your Cell Phone Cops Hate Cell Phones County Jail Time for Dummies Court Admits Mistakes on Driving While License Suspended as an HTO Court Limits Extent of Search Crack Flying in the Courtroom Criminals Possessing Lots of Guns Debtor’s Prisons, Right Here in Florida Decriminalizing Weed In Florida Defendant May Be Punished for State’s Breach of Plea Agreement Defense Attorney Gets a Deputy’s Felony Conviction Thrown Out Dirty Urine Shenanigans (VOP Issues, Part 1) Dismissal of Oxycodone Case With the Prescription Defense DNA Can’t Prove Possession Do I Have to Give the Police My iPhone Password? DOC Doesn’t Decide Credit Time Served, Judge Does Doctor Shopping Doesn’t Kill Prescription Defense Does the Federal Decision in Shelton Apply to Trafficking Cases? Dogs Are People Too, Right? Doing the Right Thing Is Against the Law Don’t Answer the Door Don’t Have $35? How About an Arrest for Failure to Register as a Sex Offender? Don’t Like Red Light Cameras? Neither Does the Post Office Driving While License Suspended Without Ever Having a License Drug Dog Gets a Failing Grade Drug Dog Not Accurate at Detecting Drugs Drug Trafficking Via Express Mail Drugs Always Seem to Be, Conveniently, Found in Plain View Drugs Found in Your Bedroom? Here’s How to Beat the Case Drugs Found Nearby Not Enough to Convict Drugs in a Backpack, Again! Drugs in Cars, for the Thousandth Time Drugs in the Back of a Cop Car - Can They Prove This Case? Drugs in the Backseat Drugs Were Found in My Car, But They Were My Passengers’… Drugs Within Your Reach, Not Enough to Convict DUI Breathalyzers Dealt a Huge Blow DUI Diversion DUI Diversion Agreement DV Victim Refuses to Cooperate, Legal Considerations Early Release From Prison, It Can Happen (If You’re Sick Enough) Early Termination of Probation Just Got Easier, Here’s Why Efficient Judges Sometimes Go Too Far Encrypt Everything Entrapment Is Alive and Well Everyone’s Going To Jail, Unless Someone Confesses… Everything Is a Crime, and Some Crimes Are Multiple Crimes Explain This Eyewitness Withheld, But You’re Still Going to Prison Facebook Evidence Issues in a Child Sex Case Failing to Feed Your Dog–Misdemeanor or Felony? FDLE’s Sex Offender Database Lies to Florida Citizens Federal Government Abandoned Unfair Trafficking Sentences Long Ago, Florida Courts Still Holding On Felony Driving While License Suspended Overturned Finally! An Answer to the Big HTO Question Fingerprint Evidence Not Always Accurate Fingerprint Experts Shouldn’t Make Claims They Can’t Support Fingerprints Not Enough to Convict Fingerprints Used to Prove Drug Possession Fixing a Suspended License Fleeing or Attempting to Elude Florida Court Declares Drug Law Unconstitutional! Florida Drug Law Declared Unconstitutional!!!! Florida Police Arresting Patients Who Ask for Controlled Substances Florida Prison’s Mistaken / Accidental Early Release Programs Florida Supreme Court Declares Drug Law Constitutional - Mens Rea, R.I.P. Florida’s DHSMV Picks a Fight With County Court Judges Florida’s Noise Statute Declared Unconstitutional by Brevard Court Florida’s Prison Rate Is 7th Highest in U.S., Beating Out Most of Planet Earth Follow My Commands, or Go to Jail Free Speech Can Lead to a Conspiracy Arrest Free Will, Determinism, and the Criminal Justice System Gain Time on a Minimum Mandatory Sentence? Getting a Home Search Warrant Should Be Difficult Give ‘Em Enough Rope God vs. Science Good Faith Can Defeat a Grand Theft Charge Good Judges Make the World a Better Place Good News: Murder No Longer a Leading Cause of Death Government Deception Doesn’t Always Lead to a Conviction Grand Theft by a Contractor, Tough to Prove Grand Theft vs. Petit Theft Guilt by Marriage Hanging Out With a Drug Dealer Can Be Trouble (duh) Hanging With the Wrong Crowd Can Cause a VOP Hardship License (on Administrative Suspensions) Harassing Phone Calls, Tough Case to Prove Have a Little Heart Have You Ever Read a Court Order? Read This One He Made Me Do It - The Duress Defense High Driving Is Safer Than Sober Honest Cops Put Fellow Deputy in Prison How a Bad Joke Can Get You Seven Years Probation How a Plea Can Get You Deported How Being Homeless Can Send You to Prison How Cameras Affect Police Behavior How Can a Fine Be Unconstitutional? How Can Residue on My Pipe Lead to a Possession Charge? I Smoked ALL of It! How Did Florida’s Legislature Pass an Unconstitutional Drug Law? How Do You Get Probation When Scoring Prison? How Long Does It Take to Expunge a Case? How Long Does the State Have to File Charges After an Arrest? How Long Should an Illegal Stop Last? How Many State Witnesses Are Needed to Prove a Case? The Paradox of Consensus How Past Drug Use Can Become a Current Possession Charge How Shoplifting Can Become Robbery How Should a Court Determine the Value of Stolen Goods? How SpaghettiOs Can Get You Arrested How Storytelling Can Help Dismiss a Case How to Avoid Deportation by Withdrawing a Plea How to Beat a Drug Package Case (More Drug Trafficking Via Express Mail) How to Beat a Drug Trafficking Case How to Beat a Fleeing and Attempting to Elude Charge How to Beat an “Intent to Sell or Deliver” Case How to Beat the Felony Charge of Unlawful Use of a Two-Way Communications Device How to Clean Up Your Criminal History If You Cannot Seal or Expunge It How to Dismiss a Concealed Weapon Charge How to Dismiss a Drug Paraphernalia Conviction How to Fix a Driver’s License Suspension for Child Support How to Frame Someone for a Drug Offense How to Get Into Drug Court How to Preserve Error at Trial in Florida: An Appellate Lawyer’s Practice Tips (PART 1) How to Preserve Error at Trial – An Appellate Lawyer’s Viewpoint — PART 2 How to Reduce a Grand Theft to a Petit Theft (and, How to Compute the Average Net Worth of a Dairy Queen Costumer) How to Search a Home With Zero Accountability How to Test Drugs (Again) How to Weigh Drugs in a Trafficking Case How Tough Is It to Prove Constructive Drug Possession? How Will Florida Courts Respond to Federal Court’s Ruling Striking Down Florida Drug Law? Humor Me and Tell Me Lies I Agree With Obama I Blew a 0.00 and Still Got a DUI Charge? …or… “Why Did I Tell That Cop About My Meds?” I Can’t Tell You to Destroy Evidence, But… I Got 7 Cops at My Door, Should I Let Them in? I Know My Rights I’ve Violated My Probation, What Will the Judge Do? If I Had a Mission Statement, It Would Be This If You Have Your Mind Made Up Illegal Conditions of Probation Can’t Support a VOP Illegal Police Activity Negates Consent to Search In a 100 Years, Who’s Going to Remember? Induction - A Weak Form of “Knowledge” Innocent People Submit to Guilty Pleas Intending to Sell Drugs vs. Use Drugs Intent to Sell vs. Personal Use: How Much of a Drug Is Too Much? Intent, Intent, Intent Intention Is Everything (?) iPhones Can Open the Door to Jury Misconduct Is “Passing the Dutchie” Against Florida Law? Is It a Crime to Break a Rental Agreement? Is Stealing Always a Crime? It Wasn’t Me It’s a Crime to Be Poor It’s a Long Way Down Jail Calls Are (Still) Being Recorded Jail Privacy Alert–The Phones Are Being Recorded Jail Time for Failing to Appear at Depositions Judge Bends Over Backwards to Uphold Child Porn Conviction Judge Calls Cop a Liar (Well, Sort of) Judge Cannot Ban Early Termination of Probation Judge Gets Booted From Case After Denying Defendant Drug Court Judge Waves His Magic Wand, But Cannot Deny a Seal and Expunge Judge’s Denial of an Expunge / Seal Gets Overturned Judge’s Sentencing “Policy” Can Violate the Law Judges Should Be Involved in Plea Negotiations Junk in the Trunk, Again Just Because a Judge Says So... Doesn’t Make It So Justice on Appeal Can Be Tough to Find Justice vs. Procedure Lab Reports Suck (Crawford 102) Lawyers Gone Wild Leaving Your Pipe Out Where Police Can See It May Get You a Drug Paraphernalia Charge Lesson: Don’t Leave Your Drugs Out License Suspensions for Drug Convictions Just Got Better Lie, or You’re Going to Violate Probation Life After a Felony Life Just Got Worse for Sex Offenders Loitering and Prowling Is Barely a Crime Looks Like Beer, But Is It Really Beer? Lots Can Go Wrong When Sealing a Criminal Record Lying Is Not Illegal Lying to the Police Isn’t Always a Crime Make the Connection, or Case Dismissed Mall Security, Flexing Their Muscles Medical Marijuana in Florida? Mere Proximity to Drugs Is Not Enough to Convict (Part 2?) Minimum Mandatory Sentences, and Gain Time Missed Court Date, Now What? Missing a Probation Visit Not Enough to Support a VOP Missing Mens Rea Money for Nothing and Your Chicks for Free More Injustice From Minimum Mandatory Sentences More Taxpayer Funds Wasted on Poor Police Work More Trash Talk Motion to Dismiss Due to Expiration of the Statute of Limitations (Example) Motion to Dismiss Felony Criminal Mischief (Example) Motion to Dismiss Intent to Sell or Deliver (Example) Motion to Dismiss ROWOV (Example) Motions to Dismiss Must a Sworn Document Be Notarized? Are “Unnotorarized Oath’s” Legal? Must an Alleged Victim Show Up in Court? New Diversion Program for Orange County New DUI Laws Punish the Wrong People New iPhone App May Help Prosecutors Sentence Florida DUI Offenders New Law for Technical Violations of Probation No Good Deed Goes Unpunished Noise Law Declared Unconstitutional, Again! Not All Those Drugs Are Mine Not Every Felony Conviction Permits a Prison Sentence Old Weed Charge Denies Canadian Super Bowl Trip Once Again, Constructive Possession Is Tough to Prove One Concert Review Every Five Years - Gogol Bordello & Frank Turner One of My Favorite Loopholes Orlando Court Forced to Give VOP Credit Time Served Orlando’s Loud Music Statute Now Unconstitutional Orlando’s Red Light Camera Law Struck Down Out of State Habitual Offender Cannot Support Florida DWLS as an HTO Over-Criminalization Overzealous DWLS Prosecution Gets Struck Down Package Arrives Containing Drugs, Now What? Please Don’t Write a Letter to the Judge Please, Don’t Put It In Writing Police Can Trespass Too Police Define “Concealed” Firearm as “In Plain View”? Police Opinions on the Law Are Not Admissible Police Pat Down Goes Too Far Positive Drug Test Not Enough to Support VOP Conviction Possessing 18 Baggies of Weed Doesn’t Equal an Intent to Sell Charge Possession of Alprazolam and Hydrocodone Convictions Overturned Possession of Ammunition and a Firearm by a Convicted Felon Possession of Oxycodone Gets Overturned Based Upon the Prescription Defense Possession With Intent to Smoke (2) Pretrial Diversion Agreement Prison Mistaken Release Update Probation Reinstatement an Option for Most VOP Offenders Proof of Grand Theft Prosecutor Sued Over Nolle Pros Public Service Announcement to Arrestees Punching Your Lawyer Never Helps Punished for Going to Trial Quality Control for Prosecutors – Only in America Reading the Minds of Our Elected Officials Recanted Testimony in Battery Cases Recorded Jail Calls Causing Problems Again Recordings of Inmate Phone Calls Not Available to General Public Red Light Cameras May Soon Be a Thing of the Past Reflections on a Guilty Verdict Religion and Judges Renting a Car Fits Drug Trafficker Profile? Resisting an Officer Without Violence Gets Its Own Diversion Program Restitution Is Tough to Prove Risk Protection Orders – The Government Wants Your Guns School Children Must Talk to Police Scientific Data Demonstrating All Swans Are White (Fooled by Randomness, Part 2) Sealing a Traffic Ticket Search Incident to Arrest Seminole County’s New DUI Program Sentencing for Painkiller Trafficking Changes July 1st, 2014 Sex Offenders Get Screwed Again Sex Offenders Must Cut Red Tape, or Risk Arrest Sex Offenders Will Pay Government Fees Forever Sex Offenders, Probation, and Pornography Shoplifting and Technology Shoplifting (Grand Theft) Conviction Reversed Should I Stay or Should I Go? Should Judges Be Consistent? Should the Odor of Cannabis Constitute Probable Cause in Florida? Should We Always Tell the Truth? Shouting and Cursing Isn't a Crime Sitting in Jail on a VOP Because Nobody Knows the Law Smelling Like Weed Can Get You in Trouble Some Basics of Carrying a Concealed Firearm Charge Some Judges Don't Give Enough Credit Some Jurisdictions Have Banned Plea Bargains Someone Stole My Stuff, and I’m Gonna Steal It Back! (Is That Legal?) Sorry, the Public Defender Can’t Help You on an HTO Suspended License Case Speedy Trial Not Tolled by a Nolle Pros State and Federal Government Disagree on What Constitutes a Conviction State Can't Prove Violation of Probation on a New Arrest State Couldn’t Prove Felony Battery, Case Reduced to Misdemeanor Battery Supreme Court Will Allow You to Turn Up the Radio Surprise Surprise, Jail Phone Calls Are Recorded! Surrogate Testimony (Crawford 103) Synthetic Marijuana Confuses Know-It-All Cops Talk Back to a Cop – Get Punched Technically “Possessing” a Drug Isn’t an Automatic Conviction Tell Grandma to Leave Her Prescriptions at Home When Visiting Orlando, Just to Be Safe… Testimony About ‘High Crime Areas’ Is Inadmissible The Anatomy a Credit Card Theft Charge The Art of Seducing Lonely Men Into Traveling to Meet a Minor The Best Marketing Strategy Ever The Core Mystery of Quantum Mechanics The Crusade Against Child Pornography Marches On The Foundations of a Motion to Suppress The Government Cannot Knock on Any Front Door They Choose The Government Wants to See Your Medical Records The “I’m Just a Burglar” Defense The Justice Gap Is Widening The “My Cousin Vinny” Defense The Only Evidence on a Burglary and Grand Theft Was Fingerprints - Is That Enough? The Real Reason You Must Seal or Expunge Your Criminal Record The Search for Truth The Two Big Questions The Witch Hunt for Child Porn The Wrong Place, at the Wrong Time – Not Always a Crime There’s a Phone in My Face, Is It Legal for Them to Record Me? This Crime Is Impossible to Prove Throw Down Cases Are Tough to Prove Time Limits on Technical Violations of Probation Timing Can Be Everything in Theft Cases Today, Garden of Eden Would Be Illegal Traffic Stops on Private Property Can Be Illegal Trafficking 15 Year Minimum Mandatory Thrown Out Trafficking Conviction Overturned Due to Uncorraborated Anoymous Tip Trafficking in Oxycodone Just Got Harder to Prove Trafficking Weights Not Always Accurate Transmitting Child Porn Case Overturned Trash Can Be Used Against You Trespassing Case Overturned Truth Which Can't Be Proven Logically Unbelievable Loophole in Failure to Register as a Sex Offender Unholy Alliances Unlawful Access to a Computer Unlawful Police Command Gets Case Thrown Out Unsympathetic Sex Offender Gets Bad Ruling Urban Theft Myths Using a Video Waiver for a Virtual Court Appearance 2 Violation of a Drivers License Restriction at a Burger King Drive Thru Violation of Probation for an Uninspired Job Search VOP for Being Kicked Out of Drug Treatment VOP for Being Poor VOP for Change of Address Overturned VOP Judge Abuses Discretion Wal-Mart Shoplifting Case Overturned on Appeal Walking Down the Street Can Get You Arrested Watch Your Mouth We Don't Know What We Don't Know We Should Tell Juries the Truth Weed Charges in Orange and Osceola County Are Going to Be Dropped We've Seen Red Light Camera Issues Before, in Toll Violation Cases What Do Fingerprints Prove? What Happens If I Lose at Trial? What Happens When You're Late for Court? What Is a Cop Qualified to Tell a Jury? What Is Drug Paraphernalia? What Should Happen at a Bond Reduction Hearing? What Technologies Can Police Use to Look Inside Your Home? What to Do When the Police Want to “Talk” to You What to Look for When Appealing a Sentence? What’s the Difference Between a “Weapon” and a “Deadly Weapon?” What’s Worse, Raping a Child, or Possessing Pictures of Such? When a Plea Gets You Deported, Can You Undo It? When a Prosecutor’s Words Overturn a Conviction (We Rejoice) When Aggravated Battery Is Really Only a “Battery” When Can I Call a Lawyer? When Can You Get Credit for Time Served in Another Jail? When Cops Are Lying vs. Bullshitting When Cops Aren't Doing Their Job When Delay Leads to Dismissal When Does Bad Driving Become Criminal? When Is a Weapon Considered a “Deadly Weapon”? When Is Leaving the Scene of an Accident Not a Crime? When Rude, Nasty Behavior Becomes Criminal Where There's Smoke, There's Fire Where Will Red Light Camera Tickets Go From Here? Who Are You? Who Gets to Watch a Public Jury Trial? Why Do I Love My iPhone & iPad So Much??? Why Florida Has So Many Entrapment Cases Why Florida's Drug Law Is Unconstitutional Why Is There Something, Rather Than Nothing? Why Refusing to Blow a Second Time Is Unconstitutional Why Tanorexia Will Be Illegal Soon Why Won’t God Heal the Amputees? Wild House Party, Drugs Everywhere, Who Get’s Charged? Will Florida Honor an Out-of-State Prescription? Wisdom From “We Learn Nothing” Would You Help a Friend’s Dying Cat? You Can’t Make This Stuff Up You Have the Right to Be Stupid Your Cell Phone May Testify Against You Your Constitutional Rights vs. The Pandemic Your Driving Is So Bad, It’s a Crime! Your Honor, May We Approach the Bench? Your Phone Pics Can Land You in Prison Your Right to Confront an “Implied” Accuser
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