Category: Blog

          In 2006, political commentator Rush Limbaugh was charged with committing the crime of Withholding Information from a Practitioner.  On May 1, 2006, Limbaugh entered into a Deferred Prosecution Agreement with the Office of the State Attorney.  According to that agreement, the State Attorney's Office agreed to drop his case if he successfully completed the […]

          It is an all-too-frequent occurrence in Florida's criminal courts that a judge will set a bond in a given case, yet the accused individual continues to remain in jail because he cannot afford to pay that bond.  That is precisely what happened in the case of Stallings v. Ryan which arose in Miami.             […]

          In the case of New Jersey v. T.L.O., the United States Supreme Court stated that "[u]nder ordinary circumstances, a search of a student by a school or other school official [is permitted] when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating […]

          On March 4, 2008, I wrote an article on this blog entitled "Are the Police Allowed to Lie to Get You to Confess?"  I answered that question by saying, "[Y]es, the police are allowed to lie to you to get you to confess.  The law in Florida is that the use of tricks or […]

         You have probably seen police roadblocks when you were out driving your car, and you may have even been stopped at one, but did you know that before the police are allowed to actually set up a roadblock they are first required to prepare written guidelines so that the officers conducting the roadblock do not […]

          Sometimes a person will be arrested, yet the case never actually goes to court either because the police do not file the case with the State Attorney’s Office or because the State Attorney’s Office decides not to prosecute the case. When that happens, there is a procedure whereby an individual can request that the […]

The following article appeared in the New York Times earlier this week: In an age of advanced forensic science, the first step toward ending Kenneth Reed’s prolonged series of legal appeals should be simple and quick: a DNA test, for which he has offered to pay, on evidence from the 1991 rape of which he […]

          In May 2004, the Federal Bureau of Investigation (FBI) arrested Brandon Mayfield, a lawyer, as a material witness in an investigation of terrorist attacks on commuter trains in Madrid, Spain.  The FBI Laboratory maintained that Mayfield's fingerprint was found on a bag of detonators in Madrid that was connected to the attacks.  Two weeks after […]

          In the case of United States v. Francis, the U. S. Court of Appeals for the Eleventh Circuit stated that the defense of entrapment consists of the following two elements:             1.  Government inducement of the crime; and             2.  A lack of predisposition on the part of the defendant to commit […]

On January 25, 2009, I posted an article on this website entitled "Judge Throws Out More Than 100 Breathalyzer Tests."  The article discussed how two different appellate courts affirmed the rulings of Manatee County Court Judge Doug Henderson that evidence of breath alcohol tests in more than 100 drunk-driving cases could not be presented at […]