Tampa Bay Criminal Defense Lawyer Blog

April 25, 2022

‘Willfulness’ and How It Can Be the Key to Successfully Defending Against a Probation Violation Charge in Florida

In Florida, you can be in violation of the terms of your probation for many, many different reasons. Even something as simple as missing an appointment with your probation officer can lead to revocation of your probation and a sentence of years behind bars. While the state has the authority to find you in violation for a host of reasons, the burden during your probation hearing always falls on the prosecution to prove each element of the violation, not for you to prove that you didn’t violate. That means that, with the help of a skilled Tampa Bay probation violation lawyer, you have many ways to defeat the state’s case, whether it’s affirmatively disproving the violation or simply persuading the court that the state didn’t meet its burden of proof.

Take, for example, B.W., a Pasco County man charged with misdemeanor petit theft in 2019. He pled no contest and the court sentenced him to 12 months of probation. The court also ordered him to pay court costs and fines, and to perform 50 hours of community service.

By late September of that year, the state was back in court seeking a judgment that B.W. had violated his probation. The prosecution alleged that the man had stopped showing up for appointments with the probation department, had failed to pay the fines and court costs he owed and had failed to perform his community service.

April 8, 2022

Learn How Simple It Is To Look Up Accident Reports

by Blake & Dorsten, P.A.

1. Hire an Accident Records Referral Service

Accident records referral service is a company that specializes in accident reports. They have a well-trained network of people to help you look up accident reports. When you hire an accident records referral service, they will make every effort to learn more about this accident as soon as possible. They have a vast network of people that are looking for accident reports and may have the answer to your question about accident reports for a loved one. They can also ask for the police report on your behalf. You can find accident reports online with the help of accident records referral services.

2. Select The State Your Accident Occurred

March 24, 2022

A Look Back on the Movie Theater Shooting Case and the Details of the Florida Statute that Helped the Defendant Secure an Acquittal

by Blake & Dorsten, P.A.

By now, the story of the retired police captain who shot and killed a fellow movie-goer in Pasco County has become extremely well-known, especially here in Florida. We can all debate what each man could and/or should have done differently, but this isn’t about that. Instead, this post is to focus on some legal aspects of the case that were less well-known and the lessons one can draw from this case, starting with the value of having the right Tampa Bay criminal defense lawyer on your side when you’re facing major felony charges.

To recap, Curtis Reeves, a retired police captain, was attending a matinee movie with his wife when he became frustrated with a nearby man who was texting. The captain spoke out, an argument ensued, then the other man threw Reeves’ popcorn at him. Shortly thereafter, Reeves drew his gun and shot, fatally wounding the man.

The prosecution argued that Reeves was insulted by the popcorn-throwing and shot in a fit of rage. The defense argued that Reeves shot in self-defense.

March 11, 2022

What You Should Ask Before Hiring a Personal Injury Lawyer

by Blake & Dorsten, P.A.

While an initial consultation with a personal injury lawyer is used to help you get a professional evaluation of your case, it should also be used to help you evaluate the skills and integrity of the attorney. Since the quality of your lawyer will contribute to the outcome of your case, it’s important to look for the best possible attorney to represent you.

Do You Have Experience Handling My Kind of Case?

When seeking any type of legal advice, the one thing you will commonly hear is that it’s important to seek out an experienced attorney. While this is important, it’s more important to find a lawyer with the specific type of experience you require for the handling of your case. This goes beyond differentiating between a criminal defense attorney and a personal injury lawyer in Lakeland FL or your local area.

February 14, 2022

Encounters With the Police, the Definition of Police Custody, and When the Police Must Read You Your ‘Miranda’ Rights in Florida

by Blake & Dorsten, P.A.

Comedian Ron White once described an interaction with police outside a bar thusly: “I had the right to remain silent… but I didn’t have the ability.” The reality is that “adult beverages” have made a lot of people say things they later wished they hadn’t. If something you or a loved one drunkenly said could potentially be harmful in a criminal case, you need every resource you can get to try to exclude those statements from your trial. Make sure that the main resource you secure is the services of a skilled Tampa Bay criminal defense lawyer.

Last spring was apparently a prolific time for these kinds of scenarios here in the Sunshine State. Back in April, police encountered a 28-year-old woman outside a bar in St. Petersburg allegedly drunk and offering lap dances to passersby. The police said the woman first asked them if they were going to “bang her” and, later, asked if they were going to shoot her.

In May, Ocala police responded to a report of a woman in a bikini trespassing at a motel pool. The Dunnellon woman was “verbally aggressive,” and told police that the hotel manager reported her solely because the female manager was “jealous that her body looked good.”

February 9, 2022

Reduce Work-Related Injuries: Strategies to Create a Safe Working Environment

by Blake & Dorsten, P.A.

Every year, workers suffer from several work-related injuries that range from tendonitis to muscle sprains, and in extreme cases, nerve damage. Human resource (HR) managers, therefore, are required to oversee many tasks to provide a safe working atmosphere for their staff.

The 1970 Occupational Health and Safety Act (OSHA) is in place to ensure workers operate under safe working conditions. The act allows the enforcement of workplace safety policies and helps employers to provide a suitable working environment by offering training and research for everything related to work safety. The following are strategies that HR can use to provide a safe working environment for their staff.

Know the Rules and Regulations

January 20, 2022

Modern Technology, Remote Witness Testimony, the Confrontation Clause of the Sixth Amendment, and Florida Criminal Trials

by Blake & Dorsten, P.A.

Modern technology has touched all areas of life. Things that would have been impossible 50 years ago are common today. Even with the application of modern technology, all the rights and privileges established by the constitution remain in place. A prosecutor inevitably doesn’t want to lose a child witness’s testimony due to the child’s fear or lose an ill person’s testimony because poor health prevented their travel. However, the Constitution still requires that a criminal defendant be confronted by the witnesses against him. That’s true whether the witness is 10 feet away in the courtroom or thousands of miles away on a video feed. Ensuring that all your rights — including the Sixth Amendment’s Confrontation Clause rights — are protected is an essential part of any criminal defense, and is just one area among the many where it pays to have a skilled Tampa Bay criminal defense attorney on your side.

Earlier this month, the Florida Supreme Court issued a very important ruling in a case involving these issues of modern technology and constitutional rights.

The underlying crime was the double murder of a couple who lived together just north of Fort Lauderdale. The prosecution’s star witness was the accused man’s mother. The state wanted her to testify about the suspect’s allegedly having taken the couple’s credit cards and SUV, driven to the mother’s home in the stolen vehicle, disposed of certain pieces of evidence while there, and ultimately dumped the stolen vehicle at a Walmart store near the mother’s home.

December 21, 2021

Exposing the Holes in the State’s Evidence to Defeat the Probation Violation Charge Against You

by Blake & Dorsten, P.A.

When you are facing an allegation that you violated your probation, every detail matters, as each detail may represent a piece of the puzzle that is your defense. Sometimes, the difference between defeating a violation case and going back to jail for several years may be something that seems very small to you. A skilled Tampa Bay probation violation lawyer, however, can spot those seemingly-small-but-actually-very-important details and utilize them to keep you from going back to jail.

Look at the probation violation case of J.T., a Brevard County man, and you can see just much these small pieces of the puzzle can matter.

Several months after J.T. got out on probation, J.T.’s probation officer filed papers with the court alleging that J.T. was in violation. Specifically, the officer accused J.T. of reporting a false address and changing his residence without obtaining the probation officer’s prior approval.

December 14, 2021

Ticket Defense Lawyer Importance For Truck Drivers

by Blake & Dorsten, P.A.

Truck driving is one of the most exciting professions in the country, and many individuals consider this to be a fantastic way to pursue a career. For some people, trucks travel is attractive because it can provide them with a lot of independence. There are times when truck owners find themselves far from their homes and loved ones; unfortunately, they also need to make crucial decisions regarding truck ownership, such as buying cars insurance.

Ticket defense lawyer importance for truck drivers has been rising for the past few years due to the greater number of regulations enforced by state and local governments. Ticket defense lawyer importance is especially essential for commercial truck drivers that receive citations for regulations specifically related to their occupation, including speeding, driving within a percentage range of BAC, following too closely behind other vehicles, defective equipment violations, violation of CDL regulations, and more.

Truck driving is not just a job; it’s a way of life. Many truck drivers believe that the only time they’re pleased is when they’re driving their rig down an open highway on their way to destinations unknown or familiar. For many people, what matters is how much do truck drivers make their earnings, and this is considered an ideal lifestyle. Still, with the added responsibility of ensuring you arrive safely at your destination, there are where things can get stressful if you run into problems along the road.

November 19, 2021

What the Rittenhouse Case in Wisconsin Can Teach Floridians About Affirmative Defenses, Burdens of Proof, and Criminal Trials in This State

by Blake & Dorsten, P.A.

Many people across the country were riveted these past few weeks by the homicide trial in Kenosha, Wisconsin. Many people were happy with the outcome; many more were profoundly disappointed. Regardless of one’s feelings about the trial’s result, there are certain things that we can all learn from the trial and why the jury decided as they did. Although the Tampa Bay area is 1,200+ miles from Kenosha and Wisconsin’s laws are not Florida’s, one thing that is nearly universal is how important the right defense strategy can be. That’s why, if you or a loved one is on trial or potentially facing charges here, it pays to have a knowledgeable Tampa Bay criminal defense attorney on your side.

For those unfamiliar with the background events, Kyle Rittenhouse was a teen who lived 20 miles south of Kenosha and who traveled to the city on August 25, 2021, after a series of protests the day before had included arson, vandalism, and property damage. (The protests had begun after local police shot and paralyzed a Black man.)

During the night of August 25, Rittenhouse was involved in a pair of confrontations with protestors. During those confrontations, Rittenhouse shot at four men, hitting three and killing two.