Monthly Archives: September 2024
Is The Smell of Alcohol Probable Cause?
Probably not (pardon the pun). However, in some cases, the smell of alcohol could be probable cause, especially if the odor emanates from the defendant’s breath, as opposed to the defendant’s vehicle. In the first instance, the odor proves the defendant was drinking. In the second instance, the odor proves that a vehicle occupant… Read More »
Florida Woman Busted with “Bag of Drugs”
Officers arrested a 41-year-old St. Petersburg woman who allegedly had a container labeled “Bag of Drugs” in her purse. Just before 11:30 a.m., officers spotted the woman in her vehicle, albeit not at the wheel, without a seatbelt and rummaging around the passenger floorboard, the affidavit said. The trooper pulled the driver over and… Read More »
What is the Meaning of Drug Free-Zone?
A drug-free zone is a geographic area where additional penalties apply to drug crimes, like possession, distribution, and trafficking. Generally, the drug-free zone enhancement bumps up the penalties one level. For example, possession of a small amount of marijuana is usually a second-degree misdemeanor. Possession of a similar amount of this substance in a… Read More »
The Three Stages of an Assault Arrest
Ordinary assault, which is a first-degree misdemeanor in Florida, is the most common assault charge in the Sunshine State. Typically, arrests are quick and clean matters. Officers witness crimes and officers make arrests. Ordinary assault is different. Officers usually don’t need arrest warrants in these situations. But they must follow all three steps of… Read More »
Domestic Violence in Criminal and Civil Court
Shocking and disturbing domestic violence statistics often appear in media reports. Most of these statistics are true and accurate. Many women are very vulnerable, for various reasons. Here’s a shocking and disturbing statistic not often reported. Up to 35 percent of domestic violence allegations are exaggerated or fabricated. Some alleged victims are tattlers who… Read More »