Monthly Archives: August 2025
Warrantless Blood Draws in Florida DUI Cases
In 2013, the Supreme Court decided a case known as Missouri v. McNeely. This case pitted Fourth Amendment protections against the needs of police officers when conducting DUI arrests. Could police officers demand the blood of an arrestee who was apparently under the influence for a DUI crime? Initially, the Missouri police were conducting… Read More »
Can I Withdraw a Guilty Plea After Sentencing in Florida?
Yes, in Florida, it is possible to withdraw a guilty plea after you’ve been sentenced. However, it is considerably more difficult than withdrawing the plea prior to sentencing. First, you must file a motion to withdraw plea within 30 days of the sentence and demonstrate that a “manifest injustice” would occur if the plea… Read More »
Can Florida Law Enforcement Compel Me to Turn Over the Contents of My Cellphone?
Generally speaking, law enforcement officers can’t just demand your cellphone to check and see if you did anything wrong. They must have a reasonable suspicion that there’s something on the cellphone that warrants, well, a warrant. The Fourth Amendment prohibits “fishing expeditions” to determine the guilt of an individual. Generally speaking, law enforcement requires… Read More »
Understanding Florida Sex Offender Classifications
Florida sex offenders are classified into two categories. These include sexual offenders and sexual predators. Such classifications are determined based on the severity and nature of the offense, as well as the defendant’s criminal history. Both of these classifications require registration with the Florida Department of Law Enforcement (FDLE). In other words, either classification… Read More »
