Tampa Bay Criminal Defense Lawyer Blog

August 23, 2021

How Does Truck Accident Law Differ from a Car Crash, and What to Expect When Filing a Lawsuit?

Driving a commercial truck, semi, or big rig poses obstacles that “regular” passenger car drivers do not face. One thing, they’re huge and can be hard to handle, especially on narrow roads that do not accommodate such cars. So, to keep away from accidents, all the truck drivers must take truck training.

For another, their size makes them more difficult to control, which means they can’t react as rapidly as a smaller passenger car to a sudden or unexpected motion. Even yet, truck accidents can cause by either a truck driver or a passenger car driver. When behind the wheel, any motorist must act appropriately and be alert of potential road risks at all times.

Commercial truck drivers are to blame for truck accidents:

August 18, 2021

How an Ill-Considered Moment of ‘Flashing’ Fun Could Have Very Bad Consequences for a Southwest Florida Woman

by Blake & Dorsten, P.A.

Here in the State of Florida, probation is something that you need to take extremely seriously. There are so many ways you can be charged with a violation of probation and could have your probation revoked. Of course, there are also lots of situations where you can be wrongfully charged with a violation of probation. Just as much as you take your probation seriously, you should also take any charge of violation of probation with the utmost seriousness. That means reaching out to a knowledgeable Tampa Bay probation violation lawyer immediately.

A song in a famous Mel Brooks musical comedy contains the whimsical lyric, “It’s what you oughtn’t to do but you do anyway.” For one Punta Gorda woman free on probation, her alleged actions during a “video visitation” at the Charlotte County Jail, as reported by thesmokinggun.com, would be something that fell into that category.

On August 8, the woman, D.F., traveled to the jail to visit C.T., a male inmate. According to the facility’s Jail Intelligence Detective, who reviewed the footage of the pair’s video visitation, the two “frequently talked in a lewd manner speaking of sex, sexual organs, and sexual activities.” That part was OK.

August 5, 2021

What to Do If You are Arrested for Drug Possession: Dos and Don’ts

by Blake & Dorsten, P.A.

Many people assume the police are more particular about arresting violent offenders than those who are involved in drug-related crimes. Surprisingly, the opposite is true. In 2016, the FBI estimated that there were 1,572,579 arrests throughout the United States for drug-related crimes.

Whether you are arrested for having heroin, LSD, cocaine, or methamphetamine on your person or are found in possession of prescription medications, you are likely facing serious jail time.

This is especially true if you don’t have the help and guidance of a drug possession attorney and you don’t know how to conduct yourself accordingly before or during your arrest. If you are facing drug possession charges, do yourself a favor and keep the following dos and don’ts in mind:

July 16, 2021

Impounding of Vehicles and Illegal Inventory Searches in Drug Cases in Florida

by Blake & Dorsten, P.A.

The State of Florida has some of the harshest drug laws of any state in the country. Depending on what charges the state brings against you, you may be facing extended jail time dictated by mandatory minimum sentencing laws. Given how profoundly harmful, or even life-changing, a drug conviction can be, it is essential to arm yourself with a skilled Tampa Bay criminal defense lawyer if you’ve been charged with this kind of crime.

There are lots of ways the right attorney can help. Most people facing drug charges were not spotted by the police standing on a street corner or in a parking lot holding a quantity of illegal drugs out in the open. Rather, many of these charges arise subsequent to other kinds of stops initiated by the police, including routine traffic stops. Sometimes, those stops and/or the searches that stem from them were illegal.

When that happens, you can, through your capable legal counsel, potentially get the drug evidence seized in that stop thrown out, which may create a massive hole in the prosecution’s case against you. Let’s look at the recent drug case of a man in Charlotte County that lays out a pretty typical example of how these kinds of arrests can happen, and how you can get the evidence tossed.

June 23, 2021

A Woman Accused of Aggravated Battery Wins Her Appeals Court Case Based on Florida’s ‘Stand Your Ground’ Law

by Blake & Dorsten, P.A.

Florida’s “Stand Your Ground” law has been the subject of much commentary from TV talking heads, internet bloggers, and other “armchair attorneys.” Regardless of what one might think about the wisdom of the law, the fact remains that this law may, in the hands of a skillful Tampa Bay criminal defense attorney, provide a person accused of a serious crime a distinct possibility to avoid a conviction.

A recent case from Manatee County illustrates how helpful and far-reaching “Stand Your Ground” immunity can be. In C.C.’s aggravated battery case, it was undisputed that C.C. and her boyfriend, G.B., went out to a Palmetto biker bar, where they met and partied with Mr. C. and Ms. E.

G.B. and C.C. later invited their new acquaintances to their Palmetto trailer home. There, a disagreement erupted between Mr. C. and G.B. That disagreement devolved into a fight.

May 5, 2021

How Evidence of the Other Driver’s Drunkenness Might Help You in Your DUI Homicide Case in Florida

by Blake & Dorsten, P.A.

The Sixth Amendment to the U.S. Constitution contains within it many basic rights for people who are on trial for alleged crimes. This is the Amendment from which the accused derives his right to present a defense at trial. That right to present a defense is very broad and significantly limits what the prosecution and/or the courts can do to keep out relevant proof that you think can strengthen your defense case. Recognizing what you can and cannot present in your defense, as well as making the arguments necessary to get that evidence in front of your jury, are just two of the countless critical areas where the experience and knowledge of a skilled Clearwater criminal defense attorney can pay invaluable dividends to you.

Take, for example, a DUI homicide case where you are the driver on trial. That state has evidence that your blood alcohol level was well above the legal limit. But, to convict you of the homicide crime, the state needs proof that you caused the crash, not just that you were driving drunk.

Now imagine if you had proof that the other driver involved was legally drunk, as well. Would not that piece of evidence be valuable to your defense?

April 21, 2021

How to Respond When the Prosecution Makes a Last-Minute Change in the Charges or Witnesses Against You in Your Florida Trial

by Blake & Dorsten, P.A.

Many people have heard about the protections the Constitution provides for people standing trial for alleged crimes. These include the right to a jury trial, the right to counsel and the right confront witnesses, among others. All of these are based on a more fundamental foundation of the American criminal legal system: the right to a fair trial. That fundamental foundation establishes several things that the prosecution cannot do as they try to convict you. Of course, one of the most critical ways to even the playing field is to exercise your right to counsel and arm yourself with representation from a skilled Tampa Bay criminal defense attorney.

Unfairness in a criminal trial can happen in a lot of different ways. Look at this recent Sarasota case as an example. C.T. was on trial in Sarasota for a burglary charge and two sex crime charges. Those charges all stemmed from an incident where C.T. and a homeless friend entered the home of one of C.T.’s cousins to sleep at the home. The pair allegedly entered the home in the middle of the night uninvited by opening a door secured by a broken lock.

Just seven days before C.T.’s trial was supposed to start, the prosecution changed the list of charges it would pursue. Two days later, the state provided notice that it was amending its witness list – by adding three additional law enforcement officers who were going to testify about the alleged burglary. C.T. asked the judge to postpone the trial, arguing that he needed extra time to address these changes in the charges and these newly added witnesses. The judge denied the request and C.T. was convicted on the burglary charge.

March 30, 2021

CCTV Footage: A Silent Witness against Criminal Defense

by Blake & Dorsten, P.A.

Currently, CCTV cameras are almost everywhere on the highways, in railway stations, bus stations, hotels, resorts, and residential buildings to keep crime at bay. Closed-circuit television (CCTV) cameras are commonly used in public places all over the globe. CCTV video has been used by law enforcement authorities to solve crimes and arrest criminals on several occasions. They’ve proved to be incredibly helpful in monitoring down criminals. CCTV captures a truthful image of the events, and the Courts place a high value on its integrity due to its accuracy. The solar security camera is easy to mount without the need to connect electricity or cable. When it detects people, it will begin lighting the camera automatically, and it has local storage and privacy protection. Solar energy cellular surveillance cameras run on 3G/4G cellular data and are intended to function in areas with no hardwired Internet.

Authentication of CCTV Footage:

To be deemed admissible in the Court of law, digital evidence must be properly preserved, authenticated, and in compliance with each state’s different digital evidence policies. Furthermore, the applicability and relevance of the digital evidence to the case must be identified.

March 19, 2021

‘Alexa, Can I Use Records from an Amazon Device to Help Me Win My Florida Criminal Case?’

by Blake & Dorsten, P.A.

The world is constantly evolving, meaning that the law is evolving. New technologies may mean new avenues for obtaining the evidence you need to prove your innocence in a criminal trial. Getting that evidence, though, requires knowing how to engage in the legal processes properly and in a timely way. To do that, be sure you have representation from a skilled Tampa Bay criminal defense attorney.

One of the modern technological gadgets many people have in their homes these days is a personal assistant device from Amazon or a competitor such as Google. Amazon’s devices come with the well-known “Alexa,” a voice-activated, cloud-based AI service. You can tell Alexa to do many things, from compiling shopping lists to tuning in a radio station to even mimicking the sound of human flatulence, and the Amazon device will perform that task.

Technology like this, as it contains the ability to “listen” and record what is said to the device, has the potential for some unexpected uses. In fact, in one case currently pending in a trial court in Kentucky, Alexa may hold the key to proving a woman’s innocence, according to her attorney. In that case, K.E. was on trial for the April 2020 murder of her mother in the small town of Elizabethtown, KY.

March 16, 2021

What a Former Baseball All-Star’s Arrest Can Say About Your DUI Case in Florida

by Blake & Dorsten, P.A.

The 2004 World Champion Boston Red Sox baseball team was embraced by fans and given the affectionate nickname “The Idiots.” Unfortunately, one of the members of that team who grew up playing baseball in the Orlando area is in the news again, and he’s accused of doing something genuinely not very smart: driving under the influence of alcohol. While the criminal legal troubles of any person, including famous people, are no laughing matter, the mistakes they make can serve as teachable moments about what to do and what not to do. One thing this retired baseball star’s case teaches is the importance of taking the right steps if you’ve been stopped by the police. If you’re under suspicion of DUI in Florida, one thing you should do with all due haste is to reach out to a knowledgeable Saint Petersburg DUI defense attorney.

Law enforcement officers in an Orlando suburb stopped a black SUV shortly before 1:30 am early one morning in February. Inside were the former World Series champ and his wife. The officers asked if the retired outfielder had consumed any alcohol that evening. He replied “just a little bit” as he held his index finger and thumb in a gesture indicating the same thing. The police stated that the man’s speech was “extremely slurred,” according to News Channel 8.

The police asked the man to perform a field sobriety test. He accepted because, as he told the officers, “I’m a big boy,” Channel 8 also reported. At the police station, the man agreed to take a breathalyzer test, even though his wife advised him to refuse it. The two valid breath samples the police obtained yielded results of .294 and .300, according to a TMZ report.