Well-paid, stable careers usually don’t happen by accident. Professionals spend years establishing themselves so that they can earn a competitive wage. Those who want to work in accounting, law or medicine may need college degrees. They may also require a professional license. There are dozens of professions in Florida that require a state license to practice. Professionals have to submit… The post How can a drug conviction affect a professional license? first appeared on Lindsey, Ferry & Parker, P.A ..read more

Drug charges can quickly escalate from possession to distribution when a defendant is perceived to have had intentions to sell or deliver substances to a customer base. By contrast, possession is usually classified as a misdemeanor because it involves “simply” being found with controlled substances. Distribution, on the other hand, is classified as a felony because it involves making large quantities of drugs accessible to other people. Before a defendant is convicted of distribution, the prosecution must demonstrate, beyond reasonable doubt, that the accused had every intention to sell or dis ..read more

Anyone who’s facing criminal charges should get started on a defense strategy as soon as they have been accused of wrongdoing. This typically requires the assistance of a legal representative who’s familiar with the specifics of the case, the laws as they apply to the matter and the precedents that will impact it. Take, for example, Jane Dorotik. She was wrongfully convicted and imprisoned for nearly two decades for the murder of her husband. Her ordeal highlights several key issues within the criminal justice system, particularly the consequences of inadequate forensic practices and the poten ..read more

There are many ways for police officers in Florida to enforce driving under the influence (DUI) statutes. Frequently, police officers engage in targeted traffic stops. They monitor the behavior of an individual driver and determine that they could very well be under the influence. They then stop that driver to ask them a few questions. A suspicious police officer might have a driver exit the vehicle to perform field sobriety tests and then request chemical testing. A failed chemical test might lead to someone’s arrest and prosecution for DUI charges. Sometimes, police officers arrest people at ..read more

Driving under the influence (DUI) charges are some of the most common criminal infractions in Florida. People get arrested for impaired driving every day. Often, these are victimless offenses. The arrested driver did not cause property damage or injury to others. Instead, police officers simply allege that they failed a breath test or otherwise displayed impairment while driving. Sometimes, those accused of a DUI offense choose to plead guilty, especially if they don’t have prior criminal charges on their record. People assume that the courts may treat them leniently for a minor offense where ..read more

Drug possession charges in Florida carry life-altering penalties. Even if a defendant avoids incarceration, the criminal record that results from a conviction or guilty plea will be available to everyone from colleges determining enrollment and financial aid to prospective landlords and employers. For those accused of drug offenses, a robust defense is almost always a better option than pleading guilty and placing oneself at the mercy of the Florida criminal courts. What are some of the most common drug defense strategies in Florida?  Challenging the search Police officers can arrest some ..read more

To detect drugs, police officers will often use specially trained dogs. You may find them in traffic stops or other locations. The goal is for the dog to alert the police officer if it smells illegal drugs, and that alert is then probable cause for the officer to search the individual or their vehicle. In fact, dogs are so useful in this capacity that police officers will come sometimes call them “probable cause on four legs.” However, this nickname also reveals a dark side to the whole process, in that these dogs are unreliable and the police officers often know it. Alerting in every case For ..read more

Eyewitness testimony has long been regarded as a powerful tool in criminal investigations. It can sway juries, convict the guilty and exonerate the innocent. However, this seemingly powerful piece of evidence is not without its flaws. The credibility and accuracy of eyewitnesses have come under scrutiny in recent years, raising concerns about the reliability of their accounts and about the practice of allowing this kind of testimony to make or break a criminal case. The unreliable nature of human memory Human memory is unlike a video recording that captures events perfectly and accurately. It ..read more

The criminal statutes in Florida make certain behaviors illegal and impose a range of potential penalties should someone plead guilty or be convicted of wrongdoing as defined by those statutes. Many crimes can potentially result in both minimum and/or maximum penalties, although the exact terms of the sentence imposed may depend on the discretion of a judge. They may be empowered to consider the severity of the offense and its impact on others, as well as the circumstances of the defendant before crafting the ins and outs of a final sentence. Aggravating factors, like the use of a deadly weapo ..read more

Unfavorable criminal proceedings do not end with a guilty plea or conviction. Sentencing, or the imposition of criminal penalties, will follow someone entering a guilty plea or the courts convicting an individual. State and federal laws provide guidelines regarding what sentence someone must serve after a criminal conviction, but the final determination is usually at the discretion of the judge overseeing the case. They have to consider the circumstances and also the four principles of criminal sentencing. What are the principles that influence the criminal sentence handed down by the courts ..read more