Constitutional speedy trial violation requires proof of “actual and material...
State v. Stuart, 38 Fla. L. Weekly D11119a (Fla. 2d DCA May 22, 2013): Charges were filed against Defendant in 2009. Fourteen months later, in 2011, Defendant was arrested. The State delayed in...
View ArticleDoes one HAVE to be arrested on a felony warrant? NO!
You find out there is a warrant for your arrest, stemming from a felony charge filed by the State Attorney. Do you have to be arrested, or can the warrant be set aside? Most prosecutors, law...
View ArticleState must show nexus between criminal prosecution and subpoena for...
Tyson v. State, 38 Fla. L. Weekly D1205a (Fla. 5th DCA May 31, 2013): Before the State can employ its investigative subpoena power and compel the disclosure of medical records without the consent of...
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Zimmerman/Martin case: Martin family attorney WILL be deposed in criminal case
Zimmerman v. State, 38 Fla. L. Weekly D1204a (Fla. 5th DCA June 3, 2013): The attorney for the Martin family, Benjamin Crump, will be deposed in the criminal case. Crump interviewed a witness over...
View ArticleDEFENSE MUST DISCLOSE DEFENSE EXPERT REPORTS (***Defense lawyers: READ THIS)
Kidder v. State, 38 Fla. L. Weekly D1274a (Fla. 2d DCA June 12, 2013): This is a scary decision. Nutshell: for the first time in Florida legal history, the Second DCA has ruled that a defendant who...
View ArticleYou gotta be competent to enter a plea
PACHECO v. STATE , 38 Fla. L. Weekly D1323a (Fla. 2d DCA June 14, 2013):Pacheco pleaded no contest to burglary and kidnapping, but he moved to withdraw his plea shortly after sentencing. See Fla. R....
View ArticleHow to stop a prosecutor from welching on a plea agreement
O’Berry v. State, 38 Fla. L. Weekly D1324a (Fla. 2d DCA June 14, 2013): Held that where State Attorney’s Office makes a promise to recommend a certain sentence to a judge – even on an open plea – and...
View ArticleIf deportation is “virtually automatic”, defendant must be so advised at time...
Rabess v. State, 38 Fla. L. Weekly D1343a (Fla. 4th DCA June 19, 2013): Where a defendant is advised that a plea “may” or “could” cause deportation consequences, and based on the charges and the...
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VOPs have to be both WILLFUL and SUBSTANTIAL
Defendant did not willfully violate probation when she was turned away from rehab because she had her children with her, and for changing addresses without notification because, she was evicted from...
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Speedy trial – waive or not waive?
I want to take a minute to discuss a defendant’s speedy trial rights under Florida law. You can read the rule, Florida Rules of Criminal procedure 3.190, for yourself. To say it’s confusing is an...
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