Monthly Archives: October 2024
Can I Be Forced to Testify in a Probation Violation Hearing?
If you are sentenced to a term of probation following a criminal conviction, you must strictly comply with all of the terms of release laid down by the court. Any probation violation, no matter how seemingly insignificant to you, can land you right back in court. The judge will then hold a hearing to… Read More »
Can Border Agents Search Your Phone Without a Warrant?
The Fourth Amendment to the Constitution normally requires the police to obtain a search warrant before conducting a search of your person or property without your consent. As with many constitutional protections, however, there are a number of judicially recognized exceptions. One of them is for searches that occur at the borders of the… Read More »
Is Pointing a Gun at Someone a “Physical Restraint”?
The possession or use of a firearm during the commission of a crime, such as robbery, is often a factor in how a defendant is sentenced if convicted. For example, federal judges often consult a complex set of Sentencing Guidelines when determining the range of a defendant’s sentence. These guidelines use a base offense… Read More »
How the Insanity Defense Works in Miami Homicide Cases
Television and film portrayals of the criminal justice system often like to use the insanity defense as a dramatic storytelling device. In the real world, however, insanity defenses are rarely used and often carry significant consequences even when a defendant is found not guilty of the underlying crime. Indeed, a successful insanity defense often… Read More »
Parking in a Handicapped Spot Can Lead to a Drug Arrest in Miami
A traffic stop is considered a “seizure” for purposes of the Fourth Amendment to the United States Constitution. This means that the police must have “probable cause” to believe the driver has committed some traffic violation before initiating the stop. Absent such probable cause, any incriminating evidence obtained from the driver or their vehicle… Read More »
