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 […]

Vehicle Immobilization

Vehicle Immobilization for Florida DUI| Florida Statute 316.193(six)(a)Penalties for Driving Beneath the Influence Automobile immobilization is a single of the penalties for driving beneath the influence in Florida.  While the statutory language says that auto immobilization is mandatory, there are a number of exceptions. The penalties for driving beneath the influence are identified in Florida […]

6th Amendment Right to Speedy Trial

Constitutional Acceptable to a Speedy Trial How lengthy does the state have to bring me to trial? The right to a speedy trial is not as simple and straightforward as it appears. Florida has its particular person added speedy trial suggestions. A misdemeanor have to be brought to trial inside 90 days or 175 days for […]

Motion to Suppress Handgun

Motion to Suppress Handgun Jurisdiction: Wake County, North Carolina Concerns: 1) Does a BOLO which consists of a description of the incorrect auto the incorrect specific individual give a detective probable trigger to pull far more than a auto when the driver has broken no site guests laws and is not behaving in a suspicious manner? two) […]

People v. Guthrie In this case, defendant’s vehicle was stopped by a police officer after the officer observed the vehicle driving past a stop sign without stopping. After defendant failed field sobriety tests and a breath analysis revealed that her blood alcohol level was over the legal limit, defendant was arrested and charged with failing […]

Cronin v. Commissioner of Probation Petitioner was convicted and sentenced for operating a motor automobile below the influence of alcohol and negligent operation of a motor car. At some point in the course of the booking approach, petitioner was offered written Miranda warnings and invoked his appropriate to stay silent. Petitioner contends that the prosecutor’s […]

Violation of Due Strategy | Exclusionary Rule Added State Protections When drafting a motion to suppress do not neglect that states are typically permitted to enact laws that grant a defendant far much more protection than is afforded in the United States Constitution. In Michigan Division of State Police vs. Sitz, the United States Supreme […]

The appellate court produced the following factual findings and legal conclusions in reversing the trial court’s denial of defendant’s motion to suppress. Factual Scenario: An officer responded to a domestic disturbance 911 telephone call,  saw the defendant driving away in an automobile which matched the description of the vehicle in the 911 telephone call. The […]

Omnibus Motion to Suppress DUI| Form Motion to Suppress DUI Omnibus Motion to Suppress This is simply a checkbox motion to suppress which attorneys were using in District Court DUI cases in North Carolina. A defendant doesn’t have a right to discovery in District Court cases. However, the legislature passed a law mandating that all […]