Criminal Defense

September 22, 2023

When Police in Florida Can — and Can’t — Perform a Warrantless Search of Your Possessions Following an Arrest

Certain types of alleged crimes — namely, drug and/or weapon charges — frequently arise from evidence that the police seized in a search performed without a warrant. The law generally falls on the side of disallowing warrantless searches, but the law also has many exceptions that the state can use to get items seized without a warrant into evidence. Many times, the key to a successful defense is countering those arguments and persuading the court that no exception applies and that the court should exclude the item(s) in dispute. Having a knowledgeable Tampa Bay criminal defense lawyer on your side can be crucial to doing that successfully.

Sometimes, the police have no justification at all for the search they performed. Oftentimes, though, as a recent weapons case from the Orlando area shows, the issue is whether or not the police exceeded the bounds of what a potentially applicable exception allows.

The accused man from Orange County, J.J., arrived home to find local deputies already there, having arrived to serve an arrest warrant. The suspect had two bags on his body: a backpack on his back and a “fanny pack” on his chest. After the man refused orders to stop and instead went into his garage, the deputies tackled and handcuffed him. After that, they removed both bags, placing the fanny pack on the hood of a car.

June 23, 2023

‘Fruit of the Poisonous Tree’ and Getting Your Statements to Police Thrown Out in a Florida Case

by Blake & Dorsten, P.A.

In a 2001 episode of a highly popular courtroom drama, a criminal suspect is very excited. “Y’all ain’t got no probable cause… That’s poison from the fruit tree!” Garbled wording aside, the suspect was onto something… or he might have been had he not been on parole and subject to warrantless searches. While you may not know all the ins and outs of the “fruit of the poisonous tree” doctrine and its role in suppressing potentially incriminating evidence, your experienced Tampa Bay criminal defense lawyer has an in-depth knowledge of this rule and more, which is why it is so important to obtain the right legal counsel when you are facing charges or are under suspicion.

The “fruit of the poisonous tree” doctrine is an element of the exclusionary rule of evidence. It bars the use of proof that the police obtained via a search, seizure, or interrogation that violated your constitutional rights, such as the right to counsel or the right to be free from unreasonable searches and seizures.

In the recent sex crimes case of one Sarasota County man, the usefulness of the “fruit of the poisonous tree” rule was one the important lessons readers can learn. The other — as often is the case — is: avoid talking to the police without your attorney present.

March 27, 2023

Weapons Crimes and Sentence Enhancements for Repeat Offenders

by Blake & Dorsten, P.A.

Weapons crimes often can come with strict sentencing rules including, in some circumstances, sentence enhancements. If you are facing such a possibility, it is vital to have a skilled Tampa Bay criminal defense lawyer on your side to help you establish that you do not qualify for the enhanced sentence and should not be subject to a longer time behind bars.

Here’s an example from Florida of how these things can unfold. In 2013, federal authorities indicted F.S. for “possession of a firearm by a convicted felon” in violation of 18 U.S.C. § 922(g)(1). Normally, this crime would carry with it a maximum sentence of 10 years.

F.S., however, received a sentence of more than 17-1/2 years, though. How? The federal court determined that a sentence enhancement under the Armed Career Criminal Act (18 USC § 924(e)) applied. That enhancement took F.S.’s crime from something with a maximum of 10 years to something with a minimum of 15 years.

February 27, 2023

When the Police in Florida Can — and Can’t — Search You Without Your Consent Based on a Non-Criminal Traffic Violation

by Blake & Dorsten, P.A.

Drug and weapons offenses represent some of the most commonly charged crimes in Florida. According to the FBI, drug crimes are the #1 basis for arrests, representing nearly 1 in 7 (14%) of all arrests. Sometimes, the way the police go about obtaining the proof necessary to make those arrests violates the law and your constitutional rights. To avoid becoming a statistic, you need a skilled Tampa Bay criminal defense lawyer on your side to get illegally obtained evidence excluded from your case.

One common scenario where this comes up is after the police have made a stop due to a non-criminal traffic violation. A recent Hillsborough case — although technically a delinquency matter — is very useful because it illustrates how the police can overstep and, when they do, how a criminal suspect can get evidence suppressed.

The case originated when law enforcement officers stopped O.W. (a Hillsborough County teen) and another person for riding their bicycles at night with no lights on them. The teen stopped when the officer asked him to. He also gave his name, address, and date of birth when asked.

January 23, 2023

Florida Law Regarding Stand Your Ground Immunity and People Engaged in Illegal Conduct

by Blake & Dorsten, P.A.

Florida’s “Stand Your Ground” has been the subject of much public discussion. Many misunderstandings and misconceptions are associated with this statute. If you are someone facing criminal charges and need to present an argument for Stand Your Ground immunity, make sure you have an experienced Tampa Bay criminal defense lawyer advocating for you.

One of the more common illustrations of a Stand Your Ground scenario involves an innocent bystander who is abruptly confronted and/or attacked. In reality, Stand Your Ground immunity may apply to a variety of circumstances, even if you were guilty of a criminal violation at the time.

A Manatee County attempted manslaughter case is a good example. R.J., a man who newspaper reports identified as a member of a Bradenton street gang, was part of a 2018 altercation involving a rival gang at a local bar. The bar fight spilled into the parking lot and, eventually, shots were fired. A member of a rival gang was dead, allegedly killed by R.J.’s ex-stepfather.

November 21, 2022

A Nonviolent First-Time Felony Offense, Florida’s Pretrial Intervention Program, and… a Bucket List

by Blake & Dorsten, P.A.

While the news is full of stories of violent and/or repeat offenders, the reality is that a lot of people who get arrested are nonviolent first-time offenders. For people falling into this latter category, the law in Florida has options, including one that may allow you to walk away with the charge(s) against you dismissed. This is called the “diversion program,” and the earlier steps are taken on your behalf, the better your chances of successfully getting placed in the diversion program will be. An experienced Tampa Bay criminal defense lawyer can offer essential assistance in getting that diversion assignment.

People often have lots of items on their “bucket lists.” Sometimes, some of those items are unusual. Rarely, though, does one’s bucket list say anywhere on it “get arrested.”

But that’s exactly what one Florida Keys woman facing felony charges told a Monroe County Sheriff’s Deputy. She allegedly divulged that information right after he pulled her over in Key Largo after she avoided stopping for nearly five miles.

October 26, 2022

Constitutional Search and Seizure Protections and How to Go About Seeking Suppression of Evidence in Your Florida Drug Possession Case

by Blake & Dorsten, P.A.

Here in Florida (and around the United States,) you have the right to be free of intrusive interactions with the police unless the officers have a reasonable basis for detaining you. If the police confront you without the proper reasoning for doing so, then any incriminating evidence they seized in that interaction may be inadmissible against you at trial. Getting that evidence suppressed requires a properly timed motion, supported by a well-stated argument in support of it. Given how critical these kinds of motions and arguments can be to the success of your defense — and therefore to your ultimate freedom — it is vital that you have a knowledgeable Tampa Bay criminal defense lawyer on your side.

A recent drug possession case from Pasco County shows how the police can overstep their bounds and what you can do when that happens.

In the summer of 2019, New Port Richey police officers responded to a motel where a housekeeper had found a gun in a vacant room. The motel manager provided the names of the man and woman who had last rented the room. The officers discovered that the man was a middle-aged white man named Keith, who was “of average build and height.” They also discovered that the gun was stolen and that Keith was a convicted felon.

September 23, 2022

How the Exclusion of a Defense Expert Witness Led to the Reversal of a Miami-Area Man’s Criminal Negligence Conviction

by Blake & Dorsten, P.A.

In the law, the vast majority of issues are colored in shades of gray. That’s why a knowledgeable Tampa Bay criminal defense attorney may answer so many questions with “It depends.” One thing that is fairly cut-and-dried, though, is the wide latitude the law gives an accused person in putting on a defense at trial.

As an example, we can look at the criminal case of J.A., a police officer in North Miami. In July 2016, J.A., along with a dozen other law enforcement officers, responded to a dispatch call about a man standing in an intersection with a gun in his hand.

J.A. thought the object the man held was a gun and that a second nearby man was his hostage. The officer next to him thought it was a gun. Radio dispatches were not definitive. J.A., a trained SWAT officer, fired three shots.

August 24, 2022

Crime of Passion Defenses in Florida: Their Types and What They Can Do for You in Your Case

by Blake & Dorsten, P.A.

Men and the homicidal reactions their wives’ adulterous affairs triggered (or allegedly triggered) have long been the grist for the plots of both music (Garth Brooks’ “Papa Loved Mama” comes to mind) and jokes. In one joke, a man confesses to his neighbor (via text message) his numerous and regular indiscretions with the neighbor’s wife. The neighbor shoots dead both the wife and the texter. Back home, the shooter discovers a second text where the confessor informs him that autocorrect had altered his first message and that he had not been indulging himself in the pleasures of the neighbor’s wife, but rather the neighbor’s wifi internet. The joke concluded with the confessor whimsically remarking, “Technology, huh? It’ll be the death of us all.” Most folks read this joke and see irony and humor. An insightful Tampa Bay criminal defense lawyer sees a good opportunity to discuss crime of passion defenses in Florida homicide cases.

Back in November, a Hillsborough County jury rejected a Tampa man’s crime of passion defense, instead finding him guilty of first- and second-degree murder for the shooting deaths of his girlfriend and her 10-year-old son. The jury recommended the death penalty, rejecting the man’s contention that he snapped after the girlfriend insulted the memory of his son who died by suicide. Allegedly, the trigger occurred when the woman told the man “I see why your son killed himself like a [expletive] because you’re a little [expletive],” according to FOX 13.

That Tampa case is a reminder of a very important concept: the provocations that can allow a defendant to invoke a crime of passion defense are varied… and vary by state. Most people immediately think of the sudden discovery of cheating spouses, but provocation can also come from being the victim of certain crimes, or even (in some states, including Florida) being the recipient of a romantic overture from a gay or trans person.

July 25, 2022

Love in the Digital Age: a Florida Woman Faces Felony Charges After Threatening to Disseminate Her Girlfriend’s Nude Images

by Blake & Dorsten, P.A.

For almost as long as there has been a World Wide Web (and later, smart devices,) there have been people posting adult and/or sexually explicit content online. When someone publishes their own images or publishes images of someone else with proper permission, that’s one thing; when they disseminate others’ images without authorization, it’s quite another. Today, these acts are often taken very seriously by authorities. Engaging in such publication can carry serious consequences, including a felony conviction and jail time. Obviously, a felony conviction can be a life-altering event, which is why anyone facing such charges should waste no time retaining a knowledgeable Tampa Bay criminal defense lawyer.

According to a recent arrest affidavit, an extortion case from Pinellas County involved those kinds of images. The genesis of the arrest was a relationship that was both business and personal… and had gone very wrong.

The Smoking Gun reported that E.L., a St. Petersburg woman, allegedly had lent her new girlfriend $45. Apparently feeling the girlfriend was untimely in paying back the debt, the frustrated lender decided to offer a little extra motivation.