Articles Tagged with South Florida defense attorney

If you’re visiting South Florida this spring break, the last souvenir you want to bring back is a DUI charge. If this is the situation in which you find yourself, our longtime Fort Lauderdale DUI defense lawyers can help. Fort Lauderdale DUI defense lawyer

Last spring was fairly abysmal for an annual spring break season in Florida, but this year is looking up. Some hotels are reporting 75-80 percent capacity, as many folks venture out for the first time in more than a year. Florida is especially popular right now because it hasn’t been as rigorous in its enforcement of health and safety measures as other states, and people from all over the country are looking for a more relaxed change of scenery.

South Beach, Fort Lauderdale and the Florida Keys remain a top spring break destination in the U.S. If you are arrested for DUI here, you could be facing substantial penalties, so it’s important to work with a local criminal defense attorney  well-versed in state law and local processes and who has successfully represented numerous people arrested while visiting from out-of-town. Continue reading

The saying goes that one man’s trash is the next man’s treasure, basically meaning that we all place different value on material goods. But in the case of a South Florida defense attorney, it’s more likely to refer to the fact that you’re literal trash may be the treasure of a prosecutor seeking to put you behind bars. South Florida defense attorney

With the proliferation of DNA evidence as key to prosecutions, digging through a suspect’s trash has become a growing source of evidence for many state and federal attorneys. Generally speaking, unlike the contents of your home or even a DNA test of your own bodily fluids, once your trash is carried to the garbage for disposal, it becomes fair game for law enforcement authorities to access – without a warrant. As established in the 1978 federal case of U.S. v. Crowell by the U.S. Court of Appeals for the Fourth Circuit, you have no reasonable expectation of privacy per the Fourth Amendment for the garbage you place outside for collection. In fact, so-called “trash pulls” have become a veritable treasure trove for some narcotics units in Florida. In some cases, it even becomes the basis for securing a search warrant on your actual home.

However, it’s not unheard of for police agencies to get too hasty in their quest to gather evidence sufficient for probable cause to secure a warrant to fail to obtain adequate evidence prior to requesting that warrant. For example, simply finding cocaine residue or marijuana seeds in the bottom of a trash bin may in fact be insufficient, thus leading to an affidavit that is deficient for the warrant that is ultimately signed. Based on the fruit of the poisonous tree doctrine, that could mean everything that is found thereafter is inadmissible (if your criminal defense lawyer files a motion to suppress) – and may result in an entire case being tossed.  Continue reading

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