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Articles Posted in Criminal Defense Attorney

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6 Reasons You Should Never Talk to Police Without a Florida Defense Lawyer

As a Broward defense attorney, I generally advise people never to talk to police without a lawyer present. This is true whether you’re innocent or not. Even those who don’t believe they are suspected of a crime should use great caution. The Fifth Amendment to the Constitution prevents anyone from…

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Florida Police Embracing Facial Recognition Tech in Criminal Investigations

Protests over systemic police brutality against Black individuals has shined a light on the many forms of technology law enforcement has in its arsenal. One of those – surveillance technology and facial recognition – is increasingly being used by Florida police agencies to collar protesters on criminal charges. For those…

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Fort Lauderdale Defense Lawyers: Theft Charges Require Proof of Intent

Proving misdemeanor or felony theft in Florida requires proof of intent to deprive the owner of his or her rights to the property. Grand theft, as outlined in F.S. 812.014 is the unlawful taking or using of property valued at more than $300. But as our Fort Lauderdale defense lawyers…

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Florida Supreme Court Will Not Hear Cellphone Passcode Criminal Case

Can police in Florida legally compel a defendant in a criminal case to unlock their cell phones? Our Fort Lauderdale criminal defense lawyers understand that question for now remains unresolved, after the defendant reached a plea deal, rendering appeal to the Florida Supreme Court moot. As a local NPR affiliate…

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Defense Lawyers Talk Florida Police Drone Use in Criminal Investigations

Narcotics detectives investigating Florida drug crimes in Miami-Dade recently employed a police drone to capture an alleged cocaine sale between a suspect and an undercover informant. According to The Miami Herald, this was a first in a criminal investigation. Its use had to be first approved by a judge in…

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“Alexa, Did He Do It?” Florida Police Search Smart Speaker Device History in Criminal Investigation

Authorities investigating a Broward County slaying secured a search warrant to access recording history on an Amazon Echo device present at the crime scene. A 43-year-old man has been arrested for the Hallandale Beach homicide of his 32-year-old girlfriend in mid-July. Police want to know whether the popular voice-controlled smart…

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Do I Have to Give Police My Cell Phone Passcode?

With the proliferation of smart phones – each containing a great deal of personal information. In some cases, that information can be incriminating. Courts across the U.S. have been attempting to find common legal ground on the issue of whether persons should be compelled to reveal their cell phone passcodes…

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Judge: Florida Defense Lawyers Should Rely on Hearsay Statute, Not Case Law

An appellate judge for the Fourth District Court of Appeal says he sees a recurring problem in Florida criminal cases when it comes to hearsay. Specifically, it’s being confused with the Confrontation Clause of the Sixth Amendment to the U.S. Constitution, and therefore subject to being weighted more heavily by…

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Court in Gang Criminal Case Orders Social Media to Release Private Posts

In an unprecedented move that not only greatly concerns criminal defense lawyers but also prosecutors and free speech advocates, the California Supreme Court in a gang-related murder trial has ruled that attorneys can subpoena private social media posts pertinent to the case. Interestingly, the request for production of those records…

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CBD is Legal in Florida Now… Right? Palm Beach Police Say Not So Fast

Cannabidiol oil, better known as CBD, is touted in Florida stores as a means to alleviate anxiety and depression. But a dose of it with a little too much THC could have you feeling a different kind of anxious – in a South Florida jail cell. Criminal defense attorneys in…

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