Category Archives: Criminal

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 »

Why You Should Never Talk to the Police
A lot of folks are under the impression that they are required by law to talk to the police. They’ve heard, “You have the right to remain silent” before, but they must have forgotten when it came time to deal with police officers. As a criminal defense attorney, I can tell you by law… Read More »

Everything You Need to Know About DUI Checkpoints
According to the United States Supreme Court, DUI checkpoints and roadblocks are legal so long as the police follow certain guidelines. In addition, SCOTUS ruled that individual states can decide for themselves whether DUI checkpoints are legal. Florida is among those states that have legalized DUI checkpoints if specific guidelines are followed. In this… Read More »

What Happens During a Florida Probation Violation Hearing?
When you’re placed on probation, your probation officer will inform you of the specific rules you must follow to remain in good standing with the State of Florida. Those who disobey the conditions set by the state can be charged with a probation violation. In some cases, these charges can be resolved by agreement… Read More »

Understanding the Crime of Resisting an Officer Without Violence
In Florida, there are two separate but related crimes concerning resisting law enforcement during a detainment. Charges for resisting an officer can result in serious consequences. This is true whether you are charged with resisting an officer with violence, or without. In this article, the Tallahassee criminal defense attorneys at Luke Newman, P.A. will… Read More »

Understanding Assault and Battery Charges in Florida
Assault and battery are so often charged in tandem that it’s easy to confuse them for a single offense. But in Florida, assault and battery are considered separate crimes, both of which carry serious consequences. What is the difference between assault and battery in Florida? Assault and battery are two different crimes. The major… Read More »

Understanding the Crime of Resisting an Officer with Violence in Florida
The crime of resisting arrest comes in two flavors. The first is resisting arrest without violence. The second is resisting arrest with violence. As you may already guess, resisting arrest with violence is more serious than resisting arrest without violence. Yet police officers are not always respectful of your civil rights when they initiate… Read More »

Can I Be Arrested for Drug Possession if I Have a Medical Marijuana Card?
While many states have moved to decriminalize and legalize marijuana for recreational use, Florida is not among them. The state of Florida still classifies marijuana as a schedule 1 substance. Nonetheless, Florida allows patients to legally use marijuana for specific medical conditions, including cancer, anxiety, autoimmune disease, PTSD, epilepsy, glaucoma, multiple sclerosis, and other… Read More »

Understanding the Crime of Sexual Battery with a Weapon in Florida
The state of Florida is extremely aggressive when it comes to prosecuting sex crimes. The law imposes some of the harshest and longest sentences on anyone convicted of these criminal offenses. Sexual battery, also known as rape, is among the most aggressively prosecuted crimes in the state. The use of a weapon makes potential… Read More »