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Posts tagged "criminal defense"

Supreme Court Questions Constitutionality of Breathalyzer Tests

Earlier this month, the Supreme Court considered the fourth amendment implications of the administration of breathalyzer tests for suspected drunk drivers. While it is true that in all 50 states there are laws which allow a person's driver's license to be revoked if they refuse a breathalyzer, some states, along with the federal government, have additional laws. These laws include criminal punishment and even jail terms for a person who refuses to take a breathalyzer test.

Assets Can't Be Frozen If Not Tied to a Crime, Supreme Court Says

Late last month, the Supreme Court battled it out over the legality of the government freezing money unconnected to a crime. Justice Stephen G. Breyer said the case was a simple one, that the government can confiscate "a robber's loot, a drug seller's cocaine, a burglar's tools, or other property associated with the planning, implementing, or concealing of a crime." However, there is one thing it cannot do and it is this: freeze money or other assets unconnected to the crime.

Florida Judge Overturns Practice of Surprise Misdemeanor Convictions

Surprise! You've got a misdemeanor on your record. How could this possibly happen without prior knowledge? Well, in Florida, up until recently, it was in fact possible.

Is Use of Certain Emojis Enough to Warrant an Arrest?

A twelve-year-old girl in Fairfax, VA is facing charges in juvenile court after posting a series of emojis in an Instagram post that implied a threat to her school. Emojis, the small pictures used to punctuate texts and social media posts, are a hallmark of smartphone communication. And, like many aspects of digital communication, they are a source of confusion in the courts.

Should Apple unlock its iPhones? Judges Split on Apple's Public Responsibility

Should Apple make a way for law enforcement to access their iPhones? That question continues to play out in the courts, and could have a far-reaching effect on technology and privacy laws in the United States.

The Freddie Gray Trial Had An Anonymous Jury - What Does That Mean?

Recently, an anonymous jury was used in the high profile case of William Porter. Porter was the first of the Baltimore police officers charged in the death of Freddie Gray to stand trial. While there is precedent for using anonymous juries in certain instances, the practice has seen an uptick in recent years.

Supreme Court finds Florida death penalty procedures unconstitutional

Recently, the Supreme Court ruled that Florida's death penalty sentencing procedures are in violation of constitutional rights. The court heard the case of 37-year old Timothy Hurst, who was convicted of murder and sentenced to death in in 1998.

Juvenile Justice Bill Moves Through Florida House

On December 1, 2015 the House Criminal Justice Subcommittee took a hard look at Florida's direct-file laws and their effects on the lives of juvenile offenders. In the last five years, 12,000 juvenile offenders have ended up in Florida's adult criminal justice system - 60 percent of them non-violent offenders.

Florida Supreme Court agrees to take up case challenging warrantless DUI breath tests

The Florida State Supreme Court will hear a case from Volusia County that challenges the constitutionality of warrantless DUI breath tests. More specifically, they are reviewing the right to prosecute citizens suspected of drunk driving who refuse to take breath tests.

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