Can the police conduct a search without a warrant in Florida?
Under the Fourth Amendment of the United States Constitution, any search that’s conducted without a warrant is pretty much considered unreasonable, and therefore unlawful, unless there are defined circumstances that can exist that will allow them to conduct that search. But in 90% of the cases, those circumstances don’t exist absent some sort of consent […]
Can the police just stop me on the street and search me for no reason in Florida?
The short answer is no. Under the Constitution, in order for a police officer to stop you or to detain you or restrain your movement in any way, they have to have what’s called a reasonable suspicion that you have committed a crime or that you’re about to commit a crime. Often times they’ll request […]
Do I have to give consent to a law enforcement officer to search my car in Florida?
Consent, by its very nature, cannot be compelled by law enforcement. They can’t make you submit to a search without a warrant or probable cause with other circumstances that surround it. If you’re approached by a police officer and they request to search your vehicle, you are completely within your rights to tell them, “No […]
Do I need an attorney for my criminal case in Florida?
I would say that in a criminal case, the need for an attorney is probably at its highest anywhere in the legal system. In civil cases you might be able to get to the finish line without the assistance of an attorney, but in a criminal case, essentially ask yourself if you’d like to fly […]
Do the police need a warrant to arrest me in Florida?
Unless the police officer observes you committing the crime that you’ve been accused of, then that police officer does indeed need to go and get a warrant. If it’s a misdemeanor crime that’s committed in his presence and it’s a nonviolent misdemeanor, even at that point he’ll probably need to go get a warrant, depending […]
How can I clear my criminal record in Florida?
To truly clear your criminal record would be something called “expungement”. And to qualify for expungement, you would have to have not committed a crime anywhere in the world, including the state of Florida, and have been convicted of that crime. If you’ve not been convicted of a crime anywhere, then you could qualify for […]
The police want to get my side of the story. Should I give a statement?
Typically, you may believe that you’re innocent, or you may believe that you know little to nothing about what’s going on. However, as the Innocence Project has demonstrated quite aptly, innocent people do get convicted. And so I would highly recommend that before you give any statement to the police, that you consult with an […]
Are mediator and arbitrators licensed or regulated by the State of Florida?
Mediators are certified by the Supreme Court to be mediators in a particular field. You can be certified as a family law mediator, as a civil mediator, as a county or as a dependency mediator. You receive a certificate after you complete the training, have observed a few mediations, and they make you pass a […]
Can I be ordered to mediation?
Yes, you can, and in some cases, in some areas, you will be. In the Fourteenth Judicial Circuit, for example, there is a standing order in family law cases requiring the parties to go to a mediation and try and settle their case outside of court, prior to setting a final hearing. That can be […]
Can I hire an attorney just for one part of my case?
Generally now, we get that question a lot in criminal cases. “Can you just come and argue my motion to reduce bond,” or, “Can you just come argue a motion to suppress,” or just the motion to dismiss. There’s no rule of procedure that allows an attorney to sign on for just a part of […]