With the new year approaching, drivers must be aware of the holiday DUI checkpoints. In order to be a lawful DUI checkpoint, the police must conduct the traffic stops pursuant to a written, predetermined plan. The DUI checkpoint plan must contain specific neutral criteria which limit the conduct of individual DUI officers on the scene...
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Open House Party, Florida Statutes 856.015 in Polk County
An open house party criminal charge can cause an arrested person many problems. The majority of the time, these charges arise out of college parties or house parties when a minor's or juvenile's parents go out of town. However, if you are a student at Florida Southern College in Lakeland, Florida, this criminal charge or...
Read MoreDUI REFUSAL SUSPENSION INVALIDATED - DRIVER'S LICENSE REINSTATED
Another win today as my DUI client's license suspension was invalidated by the Department of Highway Safety and Motor Vehicles. My DUI client was facing an 18 months driver's license suspension for refusing to submit to a breath test on the Intoxilyzer 8000 after he was arrested for driving under the influence. Normally, the license...
Read MoreDo False Confessions happen in Polk County Criminal cases?
A False Confession is when someone confess, or makes a statement, confessing that they committed a crime when, in fact, the person is innocent and DID NOT commit the crime. Tonight 60 Minutes aired an episode about false confessions. The story focused on more false confessions in Chicago than anywhere else. This is a VERY real...
Read MoreYou Do Not Have To Blow It At A Sobriety Checkpoint
Just because you are stopped at a sobriety checkpoint does not mean you are required to blow. If you are driving while under the influence and get stopped at a sobriety checkpoint, you do not have to blow into the breathalyzer, walk a straight line, or perform any of the other tests law enforcement suggests...
Read MoreDUI license suspension for refusing breath test overturned
My client was pulled over by the police and suspected of driving under the influence. After ordering him to do the field sobriety exercises on the side of the road, the police requested he submit to the breath test on the Intoxilyzer 8000. My client refused. Because he allegedly refused the breath test, the Florida...
Read MoreSarasota School Playground Becomes Scene of Police Pursuit
A man recently led Sarasota police on two separate car chases, including one through a school playground. He is also alleged to have battered two people that same day. “Criminals frequently display erratic and dangerous behavior when cornered by police,” Polk County criminal defense lawyer Thomas Grajek commented. “They can feel like they have nothing...
Read MoreFlorida Killer's Stay of Execution Upheld by U.S. Supreme Court
The U.S. Supreme Court has upheld a stay of execution granted by a federal appeals court to John Errol Ferguson, aged 64. Ferguson is on Florida's death row for eight killings near Miami in the late 1970s. His lawyers argue that he is mentally ill and should not be executed. “In cases like this, people...
Read MoreEx-Convicts Face Permanent Voting Bans in Florida, Other States
In twelve states, convicted felons can permanently lose their right to vote, even after being released from prison, according to the nonprofit organization ProCon.org. Florida is among those states, as are three other battlegrounds in this year's Presidential election: Virginia, Nevada, and Iowa. And in the remaining states, the restoration of voting rights to ex-convicts...
Read MorePolk County Felony Attorney
The Florida Sheriff's Association recently completed operation "Felon Sweep." This resulted in over 11,000 people in the State of Florida being arrested for outstanding felony warrants and criminal charges. The felony sting operation was led by Polk County Sheriff Grady Judd. The sheriffs arrested individuals for various felonies concentrating on violent criminal offenders and sexual...
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