Category: Blog

          In many cases in which the police want to search someone's car or home, they try to obtain the owner's verbal or written consent so that they do not have to get a search warrant from a judge or otherwise be concerned about the lawfulness of conducting a search.  But if the lawfulness of a particular search […]

Federal law states that anyone who uses a firearm in connection with a crime of violence or a drug-trafficking crime is subject to enhanced punishment.  But what exactly does the word "uses" mean?  Although the statute itself does not define this word, the United States Supreme Court has discussed its meaning in at least three […]

Manatee County Court Judge Doug Henderson recently issued an order suppressing all evidence that the police obtained at a sobriety checkpoint in 2008. According to an article that appeared at BradentonHerald.com, Judge Henderson ruled that  because the Manatee County Sheriff's Office did not follow their own written guidelines regarding the operation of DUI checkpoints, any […]

Two years ago, Manatee County Court Judge Doug Henderson ruled that evidence of breath alcohol tests in more than 100 drunk-driving cases could not be presented at trial.  According to an article that appeared earlier this month at BradentonHerald.com, Judge Henderson's rulings in those several cases have been affirmed by two different courts of appeals.  […]

          Several Florida cases in which defendants claimed self-defense have been overturned on appeal because the trial judge incorrectly read to the jury what is sometimes referred to as a forcible-felony jury instruction.  According to this particular jury instruction, a defendant may not claim that he acted in self-defense if he did so while "attempting to commit, committing, […]

          It is the law in Florida that when a person accused of committing a crime claims that he acted in self-defense, the case should be dismissed by the trial judge when the prosecution's evidence is legally insufficient to rebut the claim of self-defense.           For example, in the case of G.T.J. v. State of […]

The Second Amendment to the United States Constitution states that "[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."  Earlier this year, the United States Supreme Court decided the case of District of Columbia v. Heller in […]

The following article appeared in the April 30, 2008 edition of the South Florida Sun-Sentinel. Ron Chapman represented and obtained a favourable outcome for the defendant Ramirez.   By Nancy L. Othon South Florida Sun-Sentinel April 30, 2008 Two men who were racing cars and driving drunk when their friend was killed last year after […]

          There is a procedure in Florida for expunging a minor's criminal history record.  That procedure, which is contained in Florida statute section 943.0582, differs in at least three important respects from the procedure that exists for expunging the criminal record of an adult.  (The procedure for expunging an adult criminal history record is found in Florida statute section 943.0585.)           […]

          Jeff Norman of The Huffington Post recently emailed me the following question:           "What makes it legal for police to detain a DUI arrestee until he or she is 'sober,' when the only purpose of the detention is to maintain safety, and there is no intent to bring the arrestee before a judge for arraignment? […]