Articles Posted in Criminal Defense

In order to convict someone of a DUI, the State generally must prove the person was driving while intoxicated, which it usually does through the introduction of evidence of the individual’s blood alcohol concentration. Thus, if the police improperly obtained a blood test and the results of the test are deemed inadmissible, the State may be unable to prove culpability. Recently, a Florida court discussed when the results of chemical testing should be suppressed in a case in which the defendant was charged with DUI manslaughter. If you are charged with a DUI crime, you could face significant penalties, and it is smart to meet with a trusted Sarasota DUI defense attorney to discuss your rights.

Facts of the Case

It is reported that the defendant was involved in a collision that resulted in the death of another person. The police officer investigating the accident believed that the defendant was intoxicated and asked him if he would submit to a blood test. The defendant declined, after which the officer obtained a search warrant that allowed him to obtain two blood samples an hour apart. After securing the warrant, the officer obtained two vials of blood from the defendant via a single draw and did not collect a second sample. The defendant filed a motion to suppress the results of the test, arguing the police failed to comply with the warrant. The trial court granted the motion, and the State appealed.

Grounds for Suppressing Evidence Obtained Via a Search Warrant

The trial court relied on established Florida law stating that the purpose of requiring specificity in the description in a warrant of the things to be seized is to prevent general searches. The duty of an officer to explicitly describe the objects that will be taken under the warrant bars general searches and avoids an officer from confiscating one thing when another thing is described in the warrant. In other words, the requirement that a warrant must be particular limits the discretion of the officer that is conducting a search pursuant to the warrant by preventing an exploratory search under a general warrant.

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The COVID-19 pandemic has drastically modified many aspects of daily living, including how courts handle the process of handling criminal hearings and trials. Criminal defendants have many rights under the state and federal constitutions, but some of them have been altered or impinged by COVID-19 orders, and it is critical for people charged with criminal offenses to understand how their cases will proceed during the pandemic. If you are accused of a crime, you should meet with a skillful Sarasota criminal defense attorney as soon as possible to discuss your options.

Florida Court Process During COVID-19

Throughout the pandemic, many Florida courts have been operating under modifications based on local public health information in an effort to stop the spread of the coronavirus. For example, some courts have temporarily halted non-jury and in-person jury trials, while others have limited the number of trials they are allowing to proceed.

Criminal defendants have numerous rights, though, including the right to a speedy trial. Specifically, under Florida Rule of Criminal Procedure 3.191, a criminal trial must begin within ninety days of a person’s arrest if the crime charged is a misdemeanor. If the underlying offense is a felony, the trial must commence within one hundred and seventy-five days of the defendant’s arrest. In some cases, a defendant may be able to file a demand for a speedy trial, in which case the trial must commence within fifty days.

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