David Edelstein is an AV® Peer Review Rated criminal defense attorney
representing clients in state and federal criminal matters across the State of Florida.

If you or someone you love is facing criminal charges, you need someone on your side. 100% Criminal Defense 24/7

The Paradox of Our Criminal Justice System

November 22nd, 2013

Yes, innocent people do get convicted. Granted, the segment of the population that has the most contact with the criminal justice system is the criminal element.  And the truth is that most people who are convicted are in fact guilty. But it’s the process by which these criminals are convicted that is of paramount importance [...]

Could the Government Get a Search Warrant for Your Thoughts?

July 29th, 2013

We don’t have a mind reading machine. But what if we one day did? The technique of functional MRI (fMRI), which measures changes in localized brain activity over time, can now be used to infer information regarding who we are thinking about, what we have seen, and the memories we are recalling. As the technology [...]

ATF uses fake drugs, big bucks to snare suspects

June 28th, 2013

The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives has locked up more than 1,000 people by enticing them to rob drug stash houses that did not exist, reports USA Today. Read more..

High Court: Any Fact That Increases Mandatory Minimum Must Go to Jury

June 18th, 2013

The U.S. Supreme Court today reversed a previous opinion and ruled that any fact that increases the mandatory minimum penalty in a case must be submitted to the jury. The 5-to-4 ruling came in the case of Allen Alleyne, who had 84 months added to his sentence for robbing a convenience store owner in Richmond, [...]

More than four out of five police agencies in the U.S. have no written policies for handling eyewitness identifications

June 13th, 2013

WASHINGTON – More than four out of five police agencies in the U.S. have no written policies for handling eyewitness identifications despite long-standing federal guidelines, according to a report obtained by USA TODAY. Read more..

Marijuana arrest figures show ‘staggering racial bias,’ ACLU report says

June 6th, 2013

Even as a national consensus seems to be moving toward reducing or eliminating criminal consequences for possessing marijuana intended for personal or medical use, a report released Tuesday by the American Civil Liberties Union shows what the ACLU describes as “staggering racial bias” in the number of.. Read more..

Miami-Dade public defender allowed to pull out of cases because of workload

May 23rd, 2013

Describing what it called a “damning indictment” of representation for poor criminal defendants, the Florida Supreme Court on Thursday ruled that the Miami-Dade County public defender’s office could withdraw from a large chunk of felony cases because of excessive workloads. Read more..

Tsarnaev’s ‘Right to Presentment’

April 25th, 2013

There’s no end to the puzzling legal questions surrounding the Boston bombing case. We learned today, for instance, that the Boston bombing suspect was advised of his right against self-incrimination by a federal magistrate judge during a court hearing in a hospital room, according to a Wall Street Journal report. The judge made the call [...]

Defendants seeking to use frozen assets to pay lawyers win Supreme Court review

March 18th, 2013

WASHINGTON (Reuters) – The Supreme Court agreed on Monday to consider in what circumstances the assets of a defendant can be frozen before trial. The question before the high court is whether prosecutors can prevent defendants from using their assets to pay for a lawyer without a hearing on the issue. Read more..

Top judge cites Gideon case, says lack of Calif. court funding threatens loss of civil rights

March 13th, 2013

Citing the famous Gideon v. Wainright case, in which a prison inmate’s pro se petition, handwritten in pencil, resulted in U.S. Supreme Court ruling recognizing a defendant’s constitutional right to counsel, the top judge in California said a lack of public funding for the state’s courts threatens to turn back? Read more..