The Fourth Amendment to the United States Constitution (and therefore Article I, Section 12 of the Florida Constitution) aims to protect the people from unreasonable searches and seizures by the government. In most cases, a lawyer will try to identify a Fourth Amendment violation in hopes of arguing that its fruits (i.e. the drugs or… read more
For those of us comprising the local defense bar here in Miami, it is all but routine for us, in cases in which our client’s are accused of Resisting Without Violence, Fla. Stat. § 843.02, to argue to judges and prosecutors alike that the arresting officer(s) were not executing a “lawful, legal duty” at the pertinent times.
Part 4: Know The Answers to The “Test” Before You Take It! (This is Part 4 of the blog series, The “Other” DUI: Driving Under the Influence of Ignorance,” by top Hollywood DUI lawyer, Jordan Redavid). If you’ve ever been had to take a test or quiz as a student in school then the feeling… read more
I can’t tell you how many times my clients have explained in painstaking detail why they believe the police didn’t pull them over because of a traffic infraction, but rather, because of their race, gender, ethnicity, or something else (i.e. flashy car). In the law, these are referred to as “pretextual” justifications. I usually get the same expression from those clients when I explain that, sadly, even when their sus
Pop into any courtroom in the Richard E. Gerstein Justice Building (the state criminal courthouse here in Miami) while an arraignment is taking place and you will undoubtedly hear defense attorneys reciting: “We enter a plea of not guilty, your honor, demand discovery, and set the case for trial by jury.”
Many of the calls we get at Fischer Redavid PLLC are from potential clients taking advantage of our firm’s guaranteed free consultation to discuss their case. Inevitably, they ask: “Do I really need a lawyer?”
President Obama will forever be remembered as the “first” to do many things. And with his recent visit to a federal prison in Oklahoma, he added to that list by becoming the first sitting president to make such a trip-no, not to El Reno Correctional Institution specifically (although that’s true too), but rather, to any federal prison in general.
The Polaroid picture, believed to be taken between 1999 and 2003, was turned over to the city by federal prosecutors after Jerome Finnigan, one of the officers in the photo, was sentenced to 12 years in prison for organizing robberies and home invasions with other cops,” reports RawStory.com. The other officer, Timothy McDermott, was also fired, but he is appealing that decision (he thinks a suspension was more appr
The Miami Beach Police Department isn’t always in the news for positive reasons. And as a Criminal Defense Lawyer, I’m not really sure whether this new story is a positive or a negative just yet. According to a recent Miami Herald article, by the end of this month, at least 30 Miami Beach Police Officers… read more
“Descend upon them without notice,” the Government official implored, “and frequently, so that they never know when the police are going to come.” No, those words were not taken from a speech intended to galvanize a police task force targeting high-level drug dealers and cultivators—although they seemingly could have been. They are an excerpt from… read more