Is That 9-1-1 Call Going to Get Admitted into Evidence?

October 14th, 2019 by

By: Adam L. Bantner, II Board Certified Criminal Trial Attorney You would think that the answer to this question would be a nice and simple yes or no. However, like most things in the law, it’s much more nuanced than a non-lawyer may initially believe. If you’re a lawyer reading this, you know that the Read More







Don’t Post Evidence on Facebook!!!

September 23rd, 2019 by

By: Adam L. Bantner, II Board Certified Criminal Trial Law Attorney It should go without saying, but you can do your criminal defense attorney a huge “solid” by not posted evidence of a crime on your Facebook or other social media account. While it didn’t directly address social media posts, an opinion from the Third Read More







The Risks of an Entrapment Defense

September 4th, 2019 by

By: Adam L. Bantner, II Board Certified Criminal Trial Law Attorney A common defense (relatively speaking, that is) to charges of possession of controlled substances, dealing in controlled substances, and trafficking in controlled substances is that the person charged was entrapped by law enforcement into committing the crime. However, the defense is not without it’s Read More







There is not a “logical sequence of events” exception to hearsay

July 19th, 2019 by

By: Adam L. Bantner, II Board Certified Criminal Trial Attorney Contrary to what many prosecutors, and a few judges, believe, there is not an exception to the prohibition to the introduction of hearsay (an out-of-court statement entered into evidence for the truth of the matter asserted) when that hearsay statement is offered to prove a Read More







Criminal Justice Legislative Update

June 17th, 2019 by

Updates to Florida Criminal Justice Laws From 2019 Legislative Session By: Adam L. Bantner, II Board Certified Criminal Trial Attorney The 2019 Florida legislative session saw some significant changes to the criminal statutes. Some of these changes are significant (removing the requirement for a Youthful Offender sentence that a defendant be sentenced prior to their Read More







Do I Have to Do Field Sobriety Exercises?

June 10th, 2019 by

You Can Say, “No,” to Field Sobriety Exercises By: Adam L. Bantner, II Board Certified Criminal Trial Law Attorney As a criminal defense and DUI attorney, one thing is certain to occur over and over again at social gatherings; someone will ask me whether they should take a breath test and should they perform field Read More







How Do Trial Courts Still Get Restitution Wrong?

April 29th, 2019 by

By: Adam L. Bantner, II Board Certified Criminal Trial Attorney Somehow, Florida courts continue to get restitution wrong. My guess is that this stems from the fact that judges will typically rotate amongst the various benches, i.e, criminal, civil, family, probate, traffic, etc., and that various legal principles will bleed into an area of the Read More







You Can Tell a Cop “No” (In Some Circumstances)

April 12th, 2019 by

By: Adam L. Bantner, II Board Certified Criminal Trial Attorney While it’s not always a smart move, legally speaking, you don’t always have to obey the commands of a law enforcement officer. Whether to exercise this right, as with many things, is a discretionary choice and, in most circumstances, it is wise to simply comply. Read More







You Can’t Say That!

March 18th, 2019 by

Impermissible Arguments by Prosecutors Lead to Reversed Convictions By: Adam L. Bantner, II Because the U.S. Constitution requires a criminal defendant to be presumed innocent, that a defendant receive a fair trial, and that a defendant does not have to any burden to prove his own innocence, prosecutors have to be very careful in making Read More







There’s a Right Way to Preserve a Juror Challenge

February 19th, 2019 by

By: Adam L. Bantner, II, B.C.S. Jury selection is the beginning of your trial. Some believe that a case can be won or lost at jury selection. While I don’t necessarily believe that a trial can be won at this stage, I certainly believe that it can be lost before the first word of testimony Read More







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