Every person charged with a crime in the United States is entitled to a speedy trial.  This is a federal constitutional right guaranteed by the Sixth Amendment to the United States Constitution which states, [i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…”  The State of Florida also made this a state constitutional right in Section 16 of the Florida Constitution, which states that in all criminal prosecutions the accused shall, upon demand…shall have the right…to have a speedy and public trial…   The Florida Supreme Court adop ..read more

A major issue in DUI cases has not been fully fleshed out and has caused a lot of confusion among practicing criminal defense attorneys and judges.  When a driver is pulled over and the officer has reasonable suspicion that the driver is under the influence of alcoholic beverages or drugs, does that officer have to obtain voluntary consent before requesting that the driver submit to field sobriety exercises?   The leading case on this issue comes out of the Second District Court of Appeals.  In State v. Liefert, 247 So.2d 18 (Fla. 2d DCA 1971), the Second DCA held that when ..read more

The Florida Legislature has granted immunity from prosecution to any person who acted in lawful self defense.   Fla. Stat. §776.032 provides that any person who acts with justifiable use of force is immune from criminal prosecution and civil action.  “Criminal prosecution” includes arrest, detention and being charged or prosecuted.    So, how does that work exactly?  Who decides whether a person was acting in lawful self defense?  Initially, it is the police officer investigating the case.  The officer determines whether the person is immune from arrest ..read more

The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (January 23, 2023 -January 27, 2023 ..read more

The “Cite” of the Crime Podcast CASE SUMMARIES Federal 11th Circuit Criminal Case Law Update (January 16, 2023 – January 20, 2023 ..read more

The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (January 16, 2023 – January 20, 2023 ..read more

The “Cite” of the Crime Podcast CASE SUMMARIES Federal 11th Circuit Criminal Case Law Update ..read more

The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (January 9, 2023 – January 13, 2023 ..read more

The “Cite” of the Crime Podcast CASE SUMMARIES Florida Criminal Law Update (December 12, 2022 – December 16, 2022 ..read more

The “Cite” of the Crime Podcast CASE SUMMARIES Federal 11th Circuit Criminal Case Law Update ..read more