Constitutional Rights

Google Changes Policy Affecting Geofence Warrants

Google Data Policy Change: Implications for Florida Geofence Warrants What Are Geofence Warrants And How Do They Impact Your Privacy Rights? Geofence warrants allow police to request location and movement data from Google on all users within a specific area during a particular time period. With just this blanket search warrant, officers can access incredibly revealing personal information without [...]

By |December 16th, 2023|Categories: Constitutional Rights, Electronic Evidence, Fourth Amendment, Privacy|Comments Off on Google Changes Policy Affecting Geofence Warrants

Police Interrogation Tactics in Florida

Police Interrogation Tactics in Florida You've been arrested. The flashing lights, the sirens, the handcuffs – a scene ripped straight out of a crime thriller, except this time, you're the star, and the script isn't in your hands. Now, you're facing the interrogation room, a bare square with a single table and two chairs, and across from you sits [...]

By |December 14th, 2023|Categories: Constitutional Rights, Fifth Amendment, Police Officers, Sixth Amendment|Comments Off on Police Interrogation Tactics in Florida

The Trial Penalty

The Trial Penalty You're likely overwhelmed and confused if you face criminal charges in Miami, Florida. One of your most important decisions is whether to go to trial or take a plea bargain. While a plea bargain can seem tempting in the short term, it's crucial to understand the potential consequences, including the trial penalty. What is the [...]

By |December 12th, 2023|Categories: Constitutional Rights, Due Process, Sixth Amendment|Comments Off on The Trial Penalty

The 6th Amendment Right to Counsel

The 6th Amendment Right to Counsel: An Essential Protection for All Defendants If you or a loved one have been charged with a crime, one of your most fundamental rights is the 6th Amendment right to legal representation. Having an experienced criminal defense attorney by your side through every step of the process can make all the difference in [...]

By |September 21st, 2023|Categories: Constitutional Rights, Sixth Amendment|Comments Off on The 6th Amendment Right to Counsel

The First Amendment and Criminal Law: Understanding Your Constitutional Rights

The First Amendment and Criminal Law: Understanding Your Constitutional Rights The First Amendment to the United States Constitution protects some of our most fundamental freedoms - freedom of religion, speech, press, assembly, and petition. However, these rights are not absolute, and sometimes speech or conduct that would otherwise be protected can still be subject to criminal prosecution. As a criminal [...]

By |August 30th, 2023|Categories: Constitutional Rights, Criminal Law, First Amendment|Comments Off on The First Amendment and Criminal Law: Understanding Your Constitutional Rights

Your Right to Due Process in Criminal Cases

Your Right to Due Process in Criminal Cases  If you've been arrested or charged with a crime in Florida, one of your most important constitutional rights is due process. Due process is your right to fair treatment throughout the criminal justice process. Understanding due process and how it protects you at each stage of a criminal case is critical [...]

By |August 14th, 2023|Categories: Constitutional Rights, Due Process|Comments Off on Your Right to Due Process in Criminal Cases

Double Jeopardy: What Every Miami Criminal Defendant Needs to Know

Double Jeopardy: What Every Miami Criminal Defendant Needs to Know Double jeopardy is a critical legal principle that every Miami criminal defendant should understand. This constitutional protection can bar further prosecution and prevent harsher punishment in certain circumstances. As your criminal defense attorney in Miami, I want to provide you with a comprehensive overview of double jeopardy and how [...]

By |August 1st, 2023|Categories: Constitutional Rights, Criminal Law, Criminal Procedure, Fifth Amendment|Comments Off on Double Jeopardy: What Every Miami Criminal Defendant Needs to Know

When Can Police Stop and Frisk You in Miami? Understanding Terry Stops

When Can Police Stop and Frisk You in Miami? Understanding Terry Stops If you've ever been stopped on the street by a police officer who searched you for weapons or contraband, you were likely the subject of a "Terry stop." As a Miami criminal defense lawyer, I want to explain when these types of stops are legal, your rights and [...]

By |July 30th, 2023|Categories: Constitutional Rights, Criminal Procedure, Fourth Amendment|Comments Off on When Can Police Stop and Frisk You in Miami? Understanding Terry Stops

The Fourth Amendment Is Not for Sale Act

The Fourth Amendment Is Not for Sale Act In a world that is increasingly digitized, the importance of your online privacy and the security of your personal data has never been more apparent. A recently reintroduced bill, The Fourth Amendment Is Not for Sale Act, has been making waves in Congress, and it's a topic that you should be aware [...]

By |July 20th, 2023|Categories: Constitutional Rights, Electronic Evidence, Fourth Amendment, Privacy|Comments Off on The Fourth Amendment Is Not for Sale Act

Border Searches of Cell Phones Require a Warrant

Border Searches of Cell Phones Require a Warrant Today, we're going to delve into a recent court opinion that has significant implications for the Fourth Amendment and the privacy rights of individuals. The case in question is United States v. Smith, a decision from the Southern District of New York. This case is a fascinating exploration of the intersection [...]

By |June 3rd, 2023|Categories: Constitutional Rights, Electronic Evidence, Privacy|Comments Off on Border Searches of Cell Phones Require a Warrant