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2nd FTA = No Bond Capias? Not So Fast…
Everyone has run late or missed an appointment at some point in their lives, right? Here in Orlando, some judges are quick to issue a capias on a failure to appear at pretrial or arraignment–and such...
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A Judge’s Courtroom Rules Get Struck Down
They say a good lawyer knows the lawyer, a great lawyer knows the judge. If you simply know the law here in Orange, Seminole, or Osceola County, you’re only halfway there. An attorney must also know...
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What Happens When You’re Late for Court?
It’s not easy for clients to get to court on time. In Orange County, for example, there’s a line out the door of the courthouse most mornings. And, after waiting in that line for 30 minutes, it’s...
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What Should Happen at a Bond Reduction Hearing?
Lots of inmates are looking for a bond reduction. For reasons unbeknownst to me, some judges just hand out ridiculously high bonds. So, bond reductions are a popular, and necessary. Also, bond amounts...
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How to Avoid Deportation by Withdrawing a Plea
Buyer’s Remorse is a very real phenomenon in criminal cases. It’s difficult for judges and defense attorneys to think of all the ways in which a criminal case can impact a person’s life. Who would...
View ArticleHow Long Does the State Have to File Charges After an Arrest?
The waiting is the hardest part, according to Tom Petty. I get quite a few calls from folks wondering how long it will be before the state files charges against them. I always say, if you’re going to...
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VOP For Change of Address Overturned
“Believe none of what you hear, and half of what you see.” Benjamin Franklin (I think) Unfortunately, violations of probation are fairly easy to prove, but there are a few rules that must be followed....
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Minimum Mandatory Sentences, and Gain Time
After 22+ years of criminal defense work, certain questions keep coming up. One of the most common is, “Do you do pro bono work?” In other words, will I work for free? It takes a certain amount of...
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We Should Tell Juries the Truth
Our government is supposed to be transparent. We have the federal Freedom of Information Act, and in Florida, we have Sunshine Laws. These laws provide citizens the ability to force our government to...
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Fingerprints Not Enough to Convict
Science never seems to prove as much as prosecutors claim. Case in point: fingerprints. Yes, prosecutors make some pretty ridiculous plea offers when they have incriminating fingerprints. They get...
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Why Florida Has So Many Entrapment Cases
I have a few statistical facts for you, and I’m using the term “statistical” and “facts” rather loosely. Four out of every five citizens who are arrested for drug trafficking are victims of entrapment....
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County Jail Time for Dummies
I can’t tell you how many times I’ve been to the jail in my 23 years of defending criminal cases. Let’s just say plenty. But, I don’t know what it’s like to spend time behind bars, as I’m only an...
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High Driving Is Safer Than Sober
Professional athletes are always trying to optimize their performance. That’s their job. Training helps performance. Diet helps performance. Meditation helps performance. And, drugs help...
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Can A Long, Legal Sentence Violate the Constitution?
“Comparison is the death of joy.” – Mark Twain Our brains are constantly sizing up other people, and it should come as no surprise that there is always someone with less body fat and a bigger bank...
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If You Have Your Mind Made Up
Dear Readers, Have any of you visited a career counselor? These folks take a look at your personality via long questionnaires, and make career recommendations based upon the results. Let’s say you...
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Can I Be Convicted If There’s No Evidence?
I rarely watch horror movies, but I’ve seen enough to know that most of the plots focus on young white kids doing something stupid. I define stupid as entering a creepy abandon house for no good...
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A Matter of Grace — Early Termination of Probation
God and the Devil were walking down the street, and God picked up something out of a ditch. The Devil asked God “Hey, what’s that you have in your hand?” God said “It’s the Truth”. The Devil said,...
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Have A Little Heart
Some things are simply hard to explain. Why is there something rather than nothing? How did self-conscious beings arise out of lifeless star dust? And, how can prosecutors be so cold-hearted? To help...
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Not Every Felony Conviction Permits a Prison Sentence
They say that if you can’t explain something to a sixth grader–you probably don’t understand it. Unfortunately, some legal concepts don’t fit nicely into a tiny article like this. Yes, I’m already...
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The “My Cousin Vinny” Defense
Can you “know” the truth by reading a few words? Often, truth cannot be reduced to words, its just something you feel deep down (Are we talking about feelings already? And you thought you were going...
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