In Florida, a police search might be illegal even if officers have a warrant. This is because the Fourth Amendment protects individuals from all unreasonable searches and seizures.  While the requirement of a warrant exists to safeguard these rights, a warrant alone does not automatically make a search lawful. If the search does not meet the reasonableness requirement under the… The post A police search might be illegal even if they have a warrant first appeared on Suarez, Rios & Weinberg, P.A ..read more

Drowsy driving is a growing problem in the United States, and it is punished quite harshly in some places around the country. It is essential to understand what drowsy driving is, its implications and what to do if you are caught driving drowsy or tired. What is drowsy driving? This term refers to someone who operates a vehicle while in… The post What is drowsy driving and is it illegal? first appeared on Suarez, Rios & Weinberg, P.A ..read more

Driving is a privilege that many people, unfortunately, take for granted. In certain cases, whether because you have too many unpaid parking tickets, a DUI or another offense, the state will take your driver’s license. This means the state does not want you to drive. Yet, many people drive anyway, despite having a suspended or revoked driver’s license. Many of them do not know the consequences of doing this, and it is important to understand what these are. Regardless of how many times the police catch you, they will most likely arrest you. Do not be surprised and request to speak with your at ..read more

Driving under the influence (DUI) is a serious offense in Florida, but did you know that in certain cases, it can turn into a felony instead of a misdemeanor? First, it is important to understand the differences between felonies and misdemeanors. The latter are less severe, and the punishments are also less severe. Felonies, however, are the big crimes. Murder, for example, is a felony. It does not sound like an everyday charge, right? If the authorities convict you of a felony DUI, it means something serious happened, and the punishment for that conviction will be more severe than it would be ..read more

Florida is beautiful, but unfortunately, living there does not come without its share of risks. Here, we refer to criminal behavior in the state of Florida. Specifically, the most common crimes Floridians commit in the state. Theft crimes Two of the most common crimes in Florida and across the United States are theft and shoplifting. Theft happens when an individual takes something that does not belong to them without permission. Shoplifting is a specific type of theft that involves taking items from a store without paying for them. Both theft and shoplifting are crimes that are, unfortunately ..read more

Conviction of theft crimes, such as robbery or burglary, often leads to reputational harm and public distrust. Unfortunately, a variety of misconceptions about these charges lead to widespread confusion and misinterpretations. There are a few things that everyone should know about the truth behind those myths. All theft crimes are not the same Public perception often places all theft-related crimes in the same category with the same perception of violence and wrongdoing. The truth is that the nuances of these crimes are significant. Robbery requires the use or threat of force while burglary si ..read more

Burglary convictions carry lasting repercussions that extend far beyond the courtroom, affecting various aspects of an individual’s life. Understanding these consequences is important for anyone navigating the legal system and contemplating the potential aftermath of such a conviction. Employment opportunities Although burglary offenses decreased in 2021 to 44,207 in the State of Florida, those convicted of these crimes may find it difficult to secure gainful employment after they complete their punishments. Many employers conduct background checks. A criminal history can lead to immediate dis ..read more

The Fourth Amendment protects citizens from illegal or unauthorized search and seizure. This Amendment is the reason police officers need a warrant or your permission to search your home, property or vehicle. Unfortunately, that does not always stop an overzealous officer from an illegal search and seizure. There are a few things that everyone should understand about illegal search and seizure and your options to protect yourself. When are police authorized to search? If the police have a warrant or your permission to search your property, the search is legal and anything they find is admissib ..read more

In Florida, if someone accuses you of violence that causes them to fear for their safety or their family members’ safety, they can petition the court for a temporary restraining order. While a TRO is a civil process, violating one can influence the court’s decisions in a criminal case and lead to additional charges. How long is my TRO valid? Temporary restraining orders are valid for a maximum of 10 days unless a judge deems it necessary to grant a continuance. In the meantime, the court will hold a hearing where the judge will decide whether to release or continue the order. The court could a ..read more

Having someone search through your vehicle, home and other personal belongings for drugs can be extremely distressing. However, if a police officer has good reason to believe that they might find drugs, it may be well within their rights to search your property for the offending belongings. For example, if an officer smells an odor of something stronger than cigarette smoke during a routine traffic stop, this could count as probable cause to search the vehicle. What should you do if a law enforcement officer searches you or your property for drugs in Florida? Remain calm Although it can be dif ..read more