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

The Inevitable Discovery Doctrine

February 4th, 2019 by

Generally speaking, law enforcement does not have a right to search a residence without either a search warrant or consent to search given by the owner of the residence. Any evidence obtained without a warrant or consent will have occurred in violation of the Fourth Amendment to the U.S. Constitution and said evidence will be Read More

Don’t Drive on the Wrong Side of the Road (Duh)

January 22nd, 2019 by

On January 18, 2019, the Second DCA issued a ground-breaking opinion that driving on the wrong side of the road is sufficient probable cause for a law enforcement officer to conduct a stop of a motor vehicle. The prior statement should be read as dripping with sarcasm. However, I will issue a tip of the Read More

Some Creative Lawyering to Find the Deep Pocket

January 6th, 2019 by

By: Adam L. Bantner, II A well-honed skill of any successful plaintiff’s attorney is the ability to find the money, i.e., to sue the party that has the greatest ability to get your client the greatest recovery for his or her injuries. In the typical case, it is the insurance company as most individuals simply Read More

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