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Tampa Bay Criminal Defense Lawyer Blog

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

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…

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

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…

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

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…

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

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…

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

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…

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

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…

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Vehicle Air Fresheners in Florida: What a 16-Year-Old Ruling Says About When the Police Can (and Can’t) Pull You Over

Many criminal cases, including those here in Florida, begin not with a police search executed pursuant to a valid search warrant, but with a traffic stop. In a significant percentage of those cases, that initial stop was unlawful, which means that all the evidence obtained as a result of that…

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What to Do When the State Has Overcharged You in Your Florida Criminal Case

Putting up “the best possible defense” can mean different things in different cases. Sometimes, it’s about establishing your complete and total innocence. Other times, it is about demonstrating that, even if you did something wrong, the prosecution has advanced charges that do not fit the facts. Whatever form your “best…

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