Improper Bolstering by State Causes Conviction to Be Overturned

October 8th, 2018 by

  If a person is serious about taking their case to trial, they need to be represented by an attorney with trial experience and a depth of knowledge of the evidence code. As a recent case demonstrates, it can be critical to the success or failure of any particular action. Improper Bolstering In Lazarro v. State, Read More

If The Motel Room is Searched, Can the Parked Car Be Searched?

July 31st, 2018 by

One of the tools readily available to law enforcement is a search warrant. A warrant typically follows days, weeks, or months of surveillance of a particular target. The investigation could be focusing on narcotics, weapons, human trafficking, or any other number of criminal activities. After the gathering of evidence through surveillance, the case agent will Read More

Can I Get a Withhold of Adjudication?

July 9th, 2018 by

If, for whatever reason, you are unsuccessful in getting your charges dismissed either before or after trial, the next best thing is to receive a withhold of adjudication on your conviction. A “withhold” is one of those quirks of the law that both is and is not a conviction. A “withhold” allows a person to Read More

That Admission Might Not Be Used Against You

July 2nd, 2018 by

The Corpus Delecti Rule Florida is one of a few jurisdictions where the “corpus delecti” rule still applies to the benefit of criminal defendants. In a nutshell, “The rule provides that before an admission may be allowed into evidence, the State has the burden of offering direct or circumstantial evidence independent of the admission that Read More

Can a Urine Test be Compelled?

June 29th, 2018 by

Those who regularly practice DUI defense are very familiar with the Implied Consent law and how it impacts our client’s cases. Essentially, Implied Consent requires “any person who accepts the privilege … of operating a motor vehicle within this state … to have given his or her consent to submit to …  a test of Read More

Stay in Your Lane: The Role of the Judge

June 6th, 2018 by

By: Adam L. Bantner, II, Board Certified Criminal Trial Law Attorney “The judge has five basic tasks. The first is simply to preside over the proceedings and see that order is maintained. The second is to determine whether any of the evidence that the parties want to use is illegal or improper. Third, before the Read More

The Outer Limits of an Aggravated Assault Charge

March 12th, 2018 by

By: Adam L. Bantner, II, Board Certified Criminal Trial Law Attorney An “assault” is defined as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence Read More

Possession of Recently Stolen Property

December 13th, 2017 by

By: Adam L. Bantner, II The Bantner Firm Board Certified Criminal Trial Law Attorney Candidate for Hillsborough County Court Judge, Group 2  Typically, the decision to put your client on the stand at trial involves numerous considerations such as how he/she will present to a jury, his or her criminal history, the skill of the Read More

Correction of Jail Credit After Sentencing

September 4th, 2017 by

By: Adam L. Bantner, II, The Bantner Firm, Candidate for Hillsborough County Court Judge, Group 2 Credit for time served prior to sentencing is usually a straight forward matter; it equals the number of days spent in custody from the date of arrest to the date of sentencing. However, the clerk, the court, and counsel Read More

2017 Legislative Update – Criminal Justice Version

May 16th, 2017 by

By: Adam L. Bantner, II Board Certified Criminal Trial Law Attorney Candidate for Hillsborough County Court Judge, Group 2  This article highlights some of the criminal justice related bills that were signed into law by the governor during the 2017 legislative session. The summaries are taken from legislative analyses and any opinions expressed therein do Read More

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