Client Resources

Felony Defense Attorney Tampa

LEGAL FACTS THAT MAY SURPRISE YOU:

The ODOR of marijuana alone is enough to legally search you, or the area of the odor (including an entire vehicle and all of the contents).

If an officer does not have a LEGAL reason to stop you, you can lie about your name and walk away from a consensual encounter.

An Officer CANNOT search your vehicle just because you were arrested from it UNLESS the search could produce evidence linked to the crime you were arrested for. Examples: If arrested for driving without a valid license, a search of the vehicle would not be legal; If arrested for theft, a search may be allowed to look for stolen items in the vehicle.

Pat downs must be justified by LEGAL grounds such as officer safety or reasonable articulable suspicion. Officers, even during a legitimate pat down, CANNOT go into your pockets unless by plain feel the officer could tell it is narcotics, a weapon or other illegal item.

Constructive Possession Doctrine: Where you are in a jointly occupied vehicle, and drugs are found in the vehicle but not on a specific person, the State has a higher burden of proof to prove possession charges of that drug. The State must link the person being charges to the drugs by “independent proof” such as a confession or fingerprints.

REMAIN Silent, IT IS YOUR RIGHT.

An officer does not have to read you your Miranda Rights just because he arrests you. Miranda Rights need to only be read when the officer is trying to get a confession.

If you tell law enforcement you want an attorney during questioning , they MUST stop questioning you and cannot re-initiate questioning again. Only you can re-initiate questioning.

PRINCIPAL THEORY:

In Florida if you drive someone to the gas station and he go inside and commits an armed robbery with a firearm, and then comes out and looks panic with a bag of what appears to be cash, and tells you to drive away, and you do drive them away, you are just as guilty as if you held the gun and committed the robbery yourself. Any substantial step in the completion of a crime and you can be held accountable for the crime itself.

Criminal Justice Attorney Tampa FL
 

 

RESOURCES & HELPFUL LINKS:

Hillsborough County Arrest Inquiry

Pinellas County Arrest Inquiry

Florida Department of Corrections

Florida Highway Safety of Motor Vehicles

The Innocent Project

Hillsborough County Clerk of Court

Pinellas County Clerk of Court

Avvo Attorney Review

New Articles

Client Reviews

Victory as Trial Attorney

Victory as Appellate Attorney

LEGAL NEWS (Fleeing in some neighborhoods can be resisting arrest)

More Legal News

 

Contact Us