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 […]

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 […]

Rodriguez v. U.S.

If I am reading this appropriately, the Judges in the 8th Circuit do not seem to comprehend that the Supreme Court is appropriate by definition.  See Marbury vs. Madison.  This is a fairly efficiently settled location of law.  Here are some examples of winning motions from a criminal defense motion bank. Fourth Amendment Length of Permissible […]

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) […]