Lakeland Criminal Defense Lawyers

I hear this all of the time.  Under Florida law , there is actual and constructive possession. Actual possession is when the illicit drugs are on your person.  In other words, the drugs are in your pocket, in your sock, or in your hand.  Actual possession is an easier case for the State to prosecute.  There may still be issues with a warrant or a stop that can lead to a suppression of evidence. Constructive possession is where it gets tricky.  Constructive possession means a person exercised control over a substance.  Mere proximity does not establish intentional control.  In order to prove "possession" the state must prove beyond a reasonable doubt that the defendant 1) knew of the existence of the drugs and 2) intentionally exercised control over the drugs. Let's take the following scenario.  You are the passenger in a car with a friend.  You are sitting in the front, passenger seat. Unbeknownst to you, there is a make-up bag under...

HTO stands for Habitual Traffic Offender. Upon being deemed a habitual traffic offender, the Department of Motor Vehicles will revoke your driver’s license for 5 years.  There are a couple of ways that you can be deemed a habitual traffic offender in Florida: 1. 3 or more convictions of any one or more of the following offenses arising out of separate acts within a 5-year period: a.       Voluntary or involuntary manslaughter from driving a motor vehicle; b.       Any DUI violation; c.       Any felony in which a motor vehicle is used; d.       Driving a motor vehicle while your driver’s license is suspended or revoked; e.       Failing to stop and render aid as required under the laws in the event of a crash resulting in death or personal injury of another; or f.        Driving a commercial motor vehicle while t...

If you live in Polk County you have probably seen the video circulating social media of the gentleman that was supposedly resisting arrest by Lakeland police officers and therefore force was used against him.   According to the chief, that force was necessary because the gentleman was “ actively resisting ” and his resistance was even “ violent .”   This video has caused an array of opinions whether the officers’ response was justified.   What one must question is what exactly is resisting an officer without violence?   And what exactly what must one do to get charged with this crime?   Florida Statute section 843.02 defines resisting an officer without violence as resisting, obstructing, or opposing any officer in the lawful execution of their legal duty, without offering or doing violence.   I am sure that clears things up!   Therein lies the problem.   An officer just has to say that a person is opposing him or obstructing him in so...

There are only 24 states that require police interrogations to be recorded from start to end, and Florida is not one of them.  Not recording the entirety of a police interrogation is a problem, especially considering that in over 25% of wrongful convictions that have been overturned by DNA evidence, the Defendant made false confessions to law enforcement during the interrogation.  Why do people make false confessions?   Most people believe that they would most certainly not confess to a crime that they did not commit.  However, studies show that under the conditions of an interrogation, false confessions are a huge problem that cannot be overlooked.  Law enforcement officers often give details to crimes leading suspects in the direction that they wish him or her to go.  For example, the officer may tell the suspect that he knows he used a shovel.  He knows he used a shovel to hit him.  And he hit him in the head.  He hit him in ...

I happen to live in a county where the Sheriff is known for prostitution stings.  I just did a google search and almost every hit was for my county!  As a criminal defense attorney, this causes me some distress.  (One might think, this brings me business, but I have different opinions on the matter). In Florida, prostitution is defined as the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.  It is a misdemeanor for a first or second violation. It becomes a felony of the third degree for a third violation.  In addition, a person who specifically solicits, induces, entices, or procures another to commit prostitution is subject to a minimum mandatory 10 days incarceration, vehicle impoundment, and a civil penalty of $5,000.00.  Most of the people charged with prostitution are low-income women.  In fact, statistics show that 80% are women.  Most are put into the industry at the age o...

People often ask about record expungement .  In Florida, record expungement is defined as court-ordered physical destruction of a record by any criminal justice agency or other public entity in possession of such information.  In order to obtain an expungement, the State must not have filed an indictment, information, or other charging document in the case.  If one was issued, it was dismissed by the State.  There are also disqualifying offenses that can prevent an expungement. If one does not qualify for an expungement, there is the option of record sealing.  Sealing is defined as the court-ordered maintenance of a record where it is secure and inaccessible to any person not having a legal right of access to the information contained within it.  In order to obtain a sealing, one must not have been adjudicated guilty or delinquent, never have secured a prior sealing or expunction, or have committed a disqualifying offense, and not be under court super...