Tampa, Florida Criminal Defense & Family Law Blog

Most criminal defendants understand that they have constitutional rights that need to be protected as they face their initial hearing and go through their case, perhaps all the way to a jury trial. However, there is perhaps no area of criminal law where constitutional rights are threatened more than in drug charge cases. Why? Well, for the most part, it is because Fourth Amendment rights can be particularly important in drug cases, due to searches and seizures that necessarily occur to uncover illegal drugs.

Fourth Amendment law can seem like an ever-changing realm, but the main point of these constitutional protections is that no one should be subject to a search or seizure of their property unless a warrant is obtained first. A search warrant, for instance, must specifically detail the following: what law enforcement officials are looking for; where they are looking; and why they believe the illegal items are where they think they are.

Florida was again in the center of the national news spotlight recently in the aftermath of a horrible situation in Sebring, in which a man reportedly blockaded himself inside a bank after shooting five people. The five victims died from their wounds. When the crisis ended, a 21-year-old man was arrested as the alleged suspect who was responsible for the violence.

The reports indicate that the alleged shooter was ordered to be held in police custody without bond. The suspect will obviously be facing a range of serious charges, including murder charges, among others. He will also be facing the prospect of spending the rest of his life behind bars.

By now many of our readers in Florida probably know that one of the basic elements of a DUI traffic stop is for the investigating police officer to ask the suspect driver to submit to a breath test using a device commonly known as a breathalyzer. Such a request is just part of the DUI investigation, along with asking questions of the suspect and asking the suspect to take part in field sobriety tests. While most people understand that it is usually best to cooperate with law enforcement officials when legal and constitutionally valid requests are made, some may think that it is best to not cooperate in order to avoid incriminating themselves. Under Florida law, there are consequences for refusing a breath test during a DUI stop.

Our readers may not know that by the very act of getting a driver's license, the law states that individuals have given "implied consent" to submit to a breath test when asked. Thus, drivers have already agreed to give a breath test by way of getting their driver's licenses. So, when a driver refuses to submit to a breath test during a DUI stop, the driver will be warned by the investigating police officer about the consequences of doing so.

Many criminal defendants in Florida are presented with a set of facts and some basic evidence that the prosecution will use to attempt to prove the case and may think that they have no chance at presenting a sound criminal defense. But, in many cases, that simply isn't true. Shouldn't your defense strategy include an investigation of your own into the alleged facts behind the purported crime?

At our law firm, we know that any given case could have multiple versions of the alleged events that occurred. Law enforcement officials and prosecutors are more likely to present those facts and the evidence they will use in a light that makes it hard for a criminal defendant to justify the time and effort it might take to push the case all the way to a jury trial. However, those facts and the evidence must be evaluated with a critical eye - one that is looking out for the criminal defendant's rights.