Third Party Consent to Search

Jurisdiction: Broward County, Florida Troubles: 1) Is the consent of a joint occupant valid subsequent to a refusal to consent by the individual at whom the search is directed? two) Does a joint occupant’s consent to search an location extend to the private home of 1 much more occupant? Significant Instances: State: 1) Silva v. […]

Incompetent to Stand Trial

Incompetent to Stand Trial Definition of    Incompetent to Stand Trial Florida Statute 916.12(1) states that “a defendant is incompetent to proceed inside the which implies of this chapter if the defendant does not have adequate present capability to seek the tips of with her or his lawyer with an affordable degree of rational understanding or if […]

Motion to Release Uncharged Defendant Filing Formal Charges An distinct individual is not charged with a criminal offense when he or she is arrested.  The state attorney critiques all of the proof submitted following the arrest and tends to make a charging option.  The state lawyer can “ file” the charges.  This implies to charge […]

Do the Police Require an Arrest Warrant? When do the Police Want an Arrest Warrant? The Fourth Amendment of the United States Constitution regulates seizures of males and women and house.  An arrest is a seizure which triggers Fourth Amendment protections.  However, if you exclude bench warrants for failure… Study a lot more › The […]

Waiver of Appropriate to Speedy Trial Florida’ Speedy Trial Rule Florida has a state distinct speedy trial rule which gives defendant’ further protections not covered by the Sixth Amendment of the United States Constitution.  Case law with regards to the Sixth Amendment appropriate to a speedy trial does not contain any particular time frame.  Constitutional […]

Motion for Downward Departure | Florida Statute 921.0026 Florida Statute 921.0026(1) authorizes the court to take into account mitigating elements in order to establish regardless of whether or not a downward departure from the advised sentence on the sentencing score sheet is justified. Florida Statute 921.0026(two) sets forth the statutory mitigating elements and subsection 3 […]

Probation Violation | Technical Violation In Mobley v. State, The 4th District Court of Appeal held that a warrant alleging a technical violation of probation is not a warrant issued pursuant to Florida Statute 901.02.  Accordingly, with no a notice to seem or an arrest on the probation violation, a warrant alleging a technical violation […]