A June 2021 Supreme Court decision reinforces the Fourth Amendment guarantee that your Florida home is indeed your castle and secure from unreasonable searches and seizures—even when the police are in hot pursuit for a minor offense. When “Hot Pursuit” Doesn’t Justify Entering Home Without a Warrant Until the June 2021 Supreme Court decision, police have long held the confidence that they may enter a home and conduct a warrantless search when pursuing a fleeing
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In Florida and across the nation, discussing second amendment rights can lead to heated arguments and divergent opinions—both personally and politically. As a law firm, we tend to steer clear of those arguments. The politicians and pundits can spend their time hashing out their interpretations of the second amendment. Our concern is about defending people in Florida who apply their constitutional rights to protect themselves, their family, and their property. That means we need to
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Recent decisions made by the Florida Supreme Court reverse previous court rulings and show a trend toward rescinding criminal protections. With a conservative majority, the court has shown a propensity to ignore stare decisis—a legal doctrine used by courts to follow past case decisions when ruling on similar cases. The current court majority has determined that past justices “got it wrong” with some previous rulings. These recent decisions impact many of the protections afforded to
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In 2020, many former felons in Florida will have the opportunity to cast their votes. That’s thanks to the passing of Amendment 4 in 2018, which restored voting rights to 1.6 million Floridians who served time for felony convictions. However, that right for former felons to have their voices heard at the ballot box might not be absolute. The Florida Legislature passed a law in 2019 that requires former felons to pay all outstanding court
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In June 2019, Governor Ron DeSantis signed a comprehensive criminal justice bill into law. Officially becoming law on October 1, 2019, the law reforms many Florida Statutes dealing with the State’s criminal justice system. We’ll discuss many of the criminal justice changes impacted by the law below. If you’re curious about how the criminal justice reforms could potentially impact a criminal charge you’re involved in, we’ll be happy to provide a free consultation. Give us
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This year, Florida joins 45 states in making texting while driving a primary traffic offense. Now, police can pull you over if they see a phone in your hand while driving. Before this new legislation goes into effect on July 1, 2019, texting and driving was considered a secondary offense where drivers could be cited when pulled over for another offense. The legislation aims at reducing the rate of distracted driving in the State. Distracted
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According to Magistrate Judge Kandis Westmore of the U.S. District Court of the Northern District of California, police cannot force a suspect to unlock their phone through facial recognition, a fingerprint or an iris scan. Forcing a suspect to do so would violate their rights against self-incrimination as protected by the Fifth Amendment. This decision overrules previous circuit court rulings in California that biometric features were considered testimonies since suspects weren’t verbally giving up their
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As Florida voters go to the polls this November, nearly 1.5 million Floridians with felony convictions will not be given that opportunity to have their voices heard. That could all change if 60 percent of Florida voters approve Amendment 4—the Voting Restoration Amendment. The Felon Voting Law That Amendment 4 Would Change The Florida Constitution says that a convicted felon cannot vote until their civil rights have been restored. This voting right restriction impacts 10
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For many boaters throughout the country, the wrap up of summer fun means one last boating adventure before fall and winter arrive. While summer is the height of boating season in Florida as well, we’re fortunate to enjoy weather that allows boating throughout most of the year. Northeast Florida offers miles and miles of waterways. All enjoyed by 59,256 boaters who registered their recreational vessels in Duval, Nassau, St. Johns and Clay counties according to
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As a Jacksonville police officer takes you into custody, he informs you that: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.” As you’re put into the back of the police car, it’s imperative you understand and heed those words. Especially the first
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