Category: Blog

The United States Supreme Court recently decided a case called Padilla v. Kentucky in which the issue was whether Mr. Padilla's lawyer provided him with ineffective assistance of counsel when he failed to tell Padilla that he might be deported from the U.S. after pleading guilty to drug-distribution charges because he was a lawful permanent […]

          I frequently get calls and emails from people telling me how difficult it is for them or for a family member to comply with various sex-offender restrictions.  Based upon the following article that appeared on January 22, 2010 in the Miami Herald, it appears that legislators in Miami-Dade County, Florida are being told the […]

I previously wrote an article on this website entitled "U.S. Supreme Court Modifies Search-Incident-to-Arrest Exception to Warrant Requirement" in which I discussed the case of Arizona v. Gant.  In that article, I stated that:   "[The Gant decision held] that the police are authorized to search a vehicle incident to a recent occupant's arrest only […]

          One question that I am often asked is whether it is possible for someone to get his name removed from Florida's sex offender list and, if so, how?              In an attempt to answer that question, I looked at the frequently-asked-questions page from the section of the Florida Department of Law Enforcement ("FDLE") website pertaining to sexual […]

Recently, police here in Florida have been going to different pharmacies and obtaining copies of the pharmacy records of individuals suspected of doctor shopping.  After some of those individuals were later charged with violating Florida's doctor-shopping law, they argued to a judge that their rights were violated when the police obtained their records without a search […]

The following article was published Monday, February 8th in the Palm Beach Post News, and was written by Susan Spencer-Wendel. It refers to one of my recent cases. IQ tests key in Palm Beach County trial that is longest delayed death penalty case in state WEST PALM BEACH — His is one of the longest-running […]

I am quoted in the following article which appeared February 7th in the St. Augustine Record and was written by Tiffany Pakkala .   The Manuel Tapes He's guilty — but was he set up? Legal experts differ There is no shadow of a doubt that former St. Johns County Commissioner Tom Manuel took $60,000 […]

A pardon has been defined as “the forgiveness of crime and the penalty associated with it.”  In Florida, it is the governor who has the power to grant pardons.  Assuming you are fortunate enough to obtain a pardon, does that automatically mean that you can get your criminal record sealed or expunged?  That was the […]

          In 2008, the Chief Judge in Palm Beach County Florida signed Administrative Order 4.605-9/08 which automatically dismisses the following types of cases:             1.  All nontraffic-related misdemeanor cases (for example, battery cases or trespassing cases) that have had no court activity for the past 5 years.             2.  All violation of probation cases […]

          Federal Rule of Criminal Procedure 5 states in part that "[a] person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, . . ., unless a statute provides otherwise."             But what happens if the police violate this rule and the arrested person confesses […]