Florida courts have long held that a probation violation must be both willful and substantial before a person’s probation can be revoked or modified. A recent appellate decision involving Troy Lee Jackson reinforces this principle, emphasizing that a defendant cannot be punished for violating a probation condition that was not clearly communicated or properly implemented. To read the case yourself you can find it here Jackson v State (1st DCA).
Judges have lots of power in the Florida criminal justice system, but that power comes with rules. That's easy to forget on a crowded docket, with time pressure, and emotions running high for everyone involved. But one thing remains clear - a defendant cannot be punished for exercising the right to a hearing. Pickard v State (5th DCA)
In State v. Nealy, the police took a phone, but didn't immediately search it. The defense challenged the seizure arguing it was done without 'exigency' (emergency circumstances excusing the need for a warrant).
Florida’s controversial “Halo Law” may soon expand—potentially affecting how close citizens can stand near federal law enforcement officers and whether they can record federal agents in public. A newly proposed expansion could significantly increase the scope of this law and raise important constitutional and practical concerns.
One of the most common cases people can run into is misdemeanor DUI. Drinking has been a major hobby for millions of Americans for decades, and everyone knows someone who has had a DUI. What they don't know is that DUI sentencing courts must structure probation and jail terms in a way that actually allows the defendant to complete mandatory DUI school and treatment. In Garrett v. State (2nd DCA), the appellate court affirmed the DUI conviction—but reversed the sentence because it made compliance with statutory requirements practically impossible.
You'd be surprised how often a fatal car accident involves a defendant with no memory of what happened, and the defense boils down to whether or not the defendant was the driver.
When the State omits important information from your case, that is against the rules. It can undermine the entire court process.
Autism based mitigation is crucial in Florida Courts, no matter what the charge.
Find out how Courts justify searches based on the plain smell of marijuana even after tossing the plain smell doctrine.
If you are on probation in Florida, knowing the rules is crucial for success. Get the best legal advice with Landsman Law.
The war on drugs relies on confidential informants - find out more at Landsman Law.
DUI with property damage is no small matter. Expert defense is needed to protect you.
