Posts Categorized: Criminal Procedure (Remove Filter)

The Fourth Amendment to the United States Constitution The Fourth Amendment to the United States Constitution was written by James Madison and became part of the United States Constitution 1791. The first part of the amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches […]

The Credibility of a Witness can Determine the Outcome of a Criminal Trial There are some facts that members of a jury can determine without having to weigh the credibility (or believability) of a witness.  For example, if a trial includes a video or audio recording, the jury can trust their own eyes and ears.  […]

The Florida Supreme Court Decision that Established that Confessions Extracted by Threats or Promises Are Inadmissible at Trial In October of 1852 in Pensacola, Florida, a series of 4 fires broke out in just 2 days.  It was clear that there was an arsonist on the loose. An 1852 Pensacola Newspaper wrote that Pensacola’s residents […]

A Hillsborough County, Florida arrest warrant is an order directing law enforcement to take a person into custody.  If you or a loved one has an arrest warrant in Hillsborough County, Florida, the situation probably seems very frightening. However, an experienced Tampa arrest warrants attorney can help you manage this situation.  There are a variety […]

What Is Hearsay? How is Hearsay Defined in the Tampa Criminal Courts? In Tampa, Florida criminal trials, the Florida Rules of Evidence apply.  The Florida Rules of Evidence are laid out in Chapter 90 of the Florida Statutes. One of the most important of Florida’s evidentiary rules deals with hearsay.  Hearsay in court statements can […]

Defendants in Tampa federal criminal cases that have pleaded guilty or been found guilty at trial have a right to appeal the decisions of the federal district court judge that handled their case.  For example, defendants generally can appeal decisions that a Tampa federal district court judge made before their trial, during their trial, and […]

As a Tampa criminal defense lawyer, I get a lot of questions from people concerning the criminal justice system here in the Tampa Bay area. One of the most common questions I get from people that are under investigation by law enforcement is whether or not they should speak to Tampa Police, Hillsborough County Sheriff’s […]

With the nomination and Supreme Court confirmation hearings of Judge Brett M. Kavanaugh, the Senate confirmation process of Supreme Court nominees has been much in the news. Article II of the United States Constitution states that the President shall have to power, with the advice and consent of the Senate, to nominate Judges to the […]

Why Was Ernesto Miranda Arrested? On March 3, 1963, an eighteen-year-old woman had been working in the concession stand at a movie theatre in downtown Phoenix.  After work, she boarded a public bus to go home.  When the bus reached her stop, she started to walk toward her house. She observed a car, which afterward […]

In the 1960’s comedy television series “Get Smart”, Agent 13 was a Government agent whose job was to perform surveillance upon an evil international organization known as “KAOS.”  To spy on  “KAOS”, Agent 13 would hide inside uncomfortable places, such as a cigarette machine, mailbox, locker, washing machine, trashcan, toilet, tree, or fire hydrant. Nowadays […]