Requirements of a Suspect Lineup

January 2nd, 2019 by

By: Adam L. Bantner, II Identification of a suspect as the person who committed the crime by a victim of that crime or witness to that crime is some of the most powerful evidence that the State can present when seeking a conviction. However, misidentification of a suspect is one of the leading causes of Read More

Can I Get a DUI Sleeping in a Car?

December 18th, 2018 by

By: Adam L. Bantner, II Board Certified Criminal Trial Law Attorney In a word, Yes All that is required for the State to obtain a Driving Under the Influence conviction is for the prosecutor to prove that you (1) were driving or in actual physical control of a vehicle and that you (2) were under the Read More

Judges Get This One Wrong All The Time!

December 7th, 2018 by

An Excited Utterance Can Be Admissible Even When Self-Serving By Adam L. Bantner, II During the course of a criminal trial it is not unfamiliar for a judge to sustain an hearsay objection whenever the hearsay statement is that of the person on trial. This is true even when the statement qualifies for Read More

Not All Vehicles Are Treated Equally

December 4th, 2018 by

Scooter Accidents We all know that motorized scooters are great for getting around college campuses such as USF, University of Tampa, or Hillsborough Community College. However, they can be dangerous as they offer little protection for the driver of the vehicle. That danger is further exacerbated when a scooter is taken onto a major thoroughfare Read More

Will a Discovery Violation Earn a New Trial?

October 24th, 2018 by

What Happens When the State Hides the Ball? Sometimes intentionally, sometimes inadvertently, the Office of the State Attorney and its prosecutors will fail to provide discovery (evidence that it intends to use at trial), to the defense. When this occurs, we have a discovery violation. The Rules of Criminal Procedure require that the State provides Read More

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

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