Category Archives: Criminal
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 »
What’s the Difference Between Assault and Battery in Florida?
While the terms “assault” and “battery” are used interchangeably by laypeople, they mean something very specific and very different under the law. The charges involve very different conduct and come with very different consequences. Understanding the legal distinction between the two is important for your defense strategy. Assault, perhaps surprisingly, does not involve punching,… Read More »
Boating While Intoxicated in Florida
Florida has beautiful weather and a massive shoreline, making it a great place for boaters to enjoy the expansive waterways. Boating is part of our lifestyle, and we take it seriously. We want everyone to be able to enjoy the water without the fear that a drunk boater will mishandle their boat and cause… Read More »
What is an Arthur Hearing in Florida?
If you’ve been arrested for a crime in Florida, the judge will generally set bail or bond and release you onto the streets if you can pay. However, not every offense is bondable; serious offenses, like violent crimes, may not be bondable. In that case, the judge will hold an Arthur hearing to determine… Read More »
When are Police Allowed to Search without a Warrant?
The Fourth Amendment to the U.S. Constitution prevents the government from unreasonably searching the property or person of the average citizen. Generally speaking, law enforcement requires a warrant to execute a search on a property. The search warrant is issued by a judge and is absolutely essential to protecting your personal liberty and privacy…. Read More »
Understanding the Interlock Ignition Device for DUI Offenses
One of the potential penalties for a DUI conviction is the requirement to install an interlock ignition device on your vehicle. Basically, the interlock ignition device is a breathalyzer that’s attached to your starter. In order to start your car, you must blow into the breathalyzer. Your car won’t start if the breathalyzer detects… Read More »
Housing and Employment Restrictions for Sex Offenders
The consequences of being convicted of a sex crime extend far beyond your prison sentence. You can also face residency and job restrictions that will follow you for the rest of your life. In this article, the Tallahassee sex crimes attorneys at Luke Newman, P.A. will discuss how being on the sex offender registry… Read More »
Understanding Florida’s Felony Murder Rule
In the State of Florida, you can be charged with murder without having killed anyone at all. Florida law holds individuals responsible for deaths that occur during the commission of various crimes. This remains true even if the defendant didn’t directly cause the death or never intended to hurt anyone. Certain dangerous crimes increase… Read More »
Understanding Felony DUI in Florida
Yes, DUI can be charged as a felony in Florida if certain factors are present. In this article, the Tallahassee, FL, DUI defense lawyers at Luke Newman, P.A. will discuss when DUI is charged as a felony in Florida. When is DUI charged as a felony in Florida? The vast majority of DUIs are… Read More »
