Congratulations to attorney Andrea Smith!  Ms. Smith was appointed by Gov. Scott to the 10th judicial circuit to replace Judge Langford when he retires from the bench this month.  The judges in the 10th judicial circuit through criminal and civil divisions.  Welcome to the bench!Google+

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Posted on Friday, June 14th, 2013 and filed under Lakeland Criminal Defense.
Tags: 10th judicial circuit, Andrea Smith Ms, Andrea Teves Smith, Judge Langford, Lakeland, Polk circuit judge, Polk County
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Technology in schools has introduced potentially new disturbing behavior, such as a teacher allegedly sexting students. This Florida case appear unseemly, but we need to remember that not everything may be the way it looks. And, according to the Constitution, everyone is considered to be innocent until proven guilty, not the other way around. In this instance, there was allegedly a text-message liaison between a high school band director and one of his students. According to the evidence, the texts turned to sexting, and eventually sexual contact, during school hours. Not only were there incidents of sexual contact, but the [...]

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Posted on Thursday, June 13th, 2013 and filed under Polk County criminal defense attorney.
Tags: Broward Main, evidence, Lakeland, marijuana, sex crimes, sexting, sexual assault, sexual predator
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Yesterday, I was in court all day before arguing various motions to suppress in my client’s DUI case.  Many people arrested for DUI or a criminal offense do not know what a criminal defense attorney does for them in court.  Many people charged with DUI also do not know what it means to mount an aggressive defense to a DUI charge. A DUI lawyer that is trying to win your case and get the charges dismissed will do a number things on your behalf.  The most important is to file Motions to Suppress in your case.  This is where an [...]

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Posted on Wednesday, June 12th, 2013 and filed under Lakeland Criminal Defense.
Tags: 0.08 limit, alcohol, Bartow DUI attorney, Bartow DUI lawyer, breath test, DUI, evidence, Formal Review, Intoxilyzer, Lakeland DUI attorney, Lakeland DUI Lawyer, motion to suppress, Polk County DUI attorney, Polk County DUI lawyer, Polk County Jail, Refuse breath test, video, Winter Haven DUI attorney, Winter Haven DUI lawyer
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George Zimmerman is charged with 2nd degree murder for allegedly killing Trayvon Martin last year.  Get ready for a deluge of media coverage for another Florida “crime of the century” after the Casey Anthony trial. What exactly is jury selection or “voir dire”? “Voir dire” is the legal term for jury selection and is Latin which means “to tell the truth”.  Telling the truth is extremely important in jury selection.  Jury selection has also been called the ‘most important” part of a criminal jury trial. Why is “jury selection” vital in a criminal trial?  Because this is where defense attorneys [...]

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Posted on Sunday, June 9th, 2013 and filed under Polk County criminal defense attorney.
Tags: alcohol, bias, challenge for cause, criminal trial, DUI, false confession, Geogre Zimmerman, George Zimmerman, jury duty, jury of your peers, jury selection, jury trial, Lakeland trial attorney, misdemeanor, Peremptory challenge, Polk County trial attorney, self-defense, stand your ground, Trayvon Martin, voir dire
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The majority of people arrested for DUI in Polk County will have to enroll in and complete DUI School.  DUI is substance abuse treatment program.  In a DUI case this usually means substance abuse counseling for alcohol.  A DUI may be based upon controlled substances, so treatment may deal with some other drug.  A person arrested for DUI may be required to complete DUI School if the person loses the Formal Review and the administrative suspension by the Dept. of Highway Safety and Motor Vehicles (DHSMV) is upheld.  This is one reason why you need to speak to a Polk [...]

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Posted on Saturday, June 8th, 2013 and filed under Lakeland Criminal Defense.
Tags: alcohol, Colonial Drive Orlando, Crystal Lake Drive Lakeland, DUI, FL, Florida Safety Council, Formal Review, Lakeland, Little Road, North Hubert Avenue Tampa, Pasco County, Polk County, Pride Integrated Services, Seminole Florida Safety Council
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This week, Polk county criminal court Judge Fegers rules that the “civil penalty” in prostitution case can not be applied retroactively.  This means that if you were arrested before January 1, 2013 before the$5,250.00 fine went into effect,  you will NOT have to pay the fine. This is due to the fact that our Florida and United States Constitution protect citizens from “Ex Post Facto” laws.  Judge Fegers ruled that the legislature did not intend the statute to be applied retroactively which ended the matter.  However, because the judge did s thorough job, he also analyzed the civil penalty under [...]

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Posted on Saturday, June 8th, 2013 and filed under Lakeland Criminal Defense.
Tags: "johns", $5, 000 civil penalty, Attorney Larry Shearer, bartow criminal attorney, civil penalty, Ex Post Facto, Florida Statute, Judge Fegers, Lakeland prostitution attorney, Polk County, polk criminal lawyer, Polk prostitution sting, prostitution, unconstitutional, Winter Haven criminal attorney
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This week a spoke to a great group of students studying and training to become bail bond agents in Florida.  Eventually, after a 120 hour course and training under a licensed bondsman, they too will receive their bail agent license.  Many people ask me though if they can be a bondsman if they have a criminal record. Bail agents in Florida are regulated by Chapter 648, Florida Statutes and Chapter 69B-221, Florida Administrative Code.  A limited surety agent is the name of the license issued to bail bond agents in Florida.  Just as when an individual seals or expunges their record, a [...]

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Posted on Saturday, June 8th, 2013 and filed under Lakeland Criminal Defense.
Tags: background check, bail bond agent, bail bondsman, Bartow lawyer, diversion, diversion program, evidence, expunge criminal record, expunge lawyer, felony, felony conviction, Florida Administrative Code, Florida Statutes, Lakeland felony lawyer, MIP, plea bargain, Plea negotiation, Polk County, Polk County felony attorney, PTI, restoration of rights, seal record, Winter Haven attorney
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On Thursday, it was again my pleasure to teach future bondsmen and women about the criminal court system.  If you would like to be a bail bond agent and help assist people to get out of jail, you can more information at http://bailbondedu.com/, Florida’s leading bail bond educator.  In order to become a bondsman there are number of steps including education and training under a bail agent. I was asked to explain what happens in the criminal  court system.  This was a really great class of students.  We covered the entire process from arrest through an appeal of a criminal conviction. [...]

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Posted on Saturday, June 8th, 2013 and filed under Lakeland Criminal Defense.
Tags: bail bond agent, Bartow, Bartow criminal defense attorney, Bartow criminal lawyer, breath test, criminal process, diversion, diversion program, evidence, FL, jury selection, Lakeland criminal defense attorney, Office Lakeland, opening statement, Polk County, Polk County criminal defense attorney, Winter Haven criminal lawyer
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Many people are asking what is the status of the Motion to Declare the Prostitution “civil penalty” unconstitutional that I filed a couple of months ago.  Many Polk criminal defense attorneys taking these prostitution cases are not filing a motion or fighting the $5,250.00 civil penalty.  Some lawyers are waiting for the ruling on my motion, but did not assist me or file a motion in their client’s case.  There are a couple of attorneys who have filed a motion and I will gladly give you the names of those that are willing to fight for their clients.  Who do [...]

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Posted on Sunday, June 2nd, 2013 and filed under Lakeland Criminal Defense.
Tags: Bartow criminal lawyer, civil penalty, Grady Judd prostitution, Judge Kirkland, Judge Ojeda, Lakeland criminal attorney, pimp, Polk criminal defense lawyer, Polk prostitution sting, prostitution, prostitution civil penalty, sex crime, sexual offender, sexual predator, sting operation
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In April, I attended the NACDL legal seminar “Making sense of Science.”  This continuing legal education seminar focused on how science plays a role in criminal cases.  A main topic was DNA evidence in criminal cases.  This evidence is found in rape or capital sexual battery and there is DNA evidence on the body.  Or, DNA evidence left at a crime scene such as a burglary.  This occurs  when someone breaks into a house, cuts themselves on the window, and leaves traces of blood behind. This criminal defense seminar dealt with defending against this type of forensic evidence, taught by [...]

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Posted on Saturday, June 1st, 2013 and filed under Lakeland Criminal Defense.
Tags: Bartow criminal lawyer, Bartow murder, battery, DNA, DNA evidence, DUI, evidence, Lakeland DUI Lawyer, NACDL, Polk County, polk criminal lawyer, rape, sexual battery, Winter Haven FL criminal attorney
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