A friendly reminder: Do not tell cops you have drugs or paraphernalia

Here is a rule to always keep in mind: Never answer questions from a cop about whether you are committing a crime. And always refuse to consent to searches of your person, your bags, your vehicle and your home. Very recently, a woman in Niceville, Florida, was arrested after employees at the shop where she was parked reported her for suspicious behavior. When officers asked whether she was in possession of anything that might get her in trouble, she very helpfully replied that yes, she had an assortment of syringes and spoons associated with narcotics use, as well as a...

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10% of Floridians Can’t Vote

This November 8th, I look forward to exercising my right to vote and have my say in how we should govern ourselves and who should lead us. I hope you’ll join me. If, that is, the state of Florida allows you to do so. Many people do not know this, but over 6 million Americans with felony convictions are not permitted to vote. About a quarter of those are currently behind bars. The rest are on parole, on probation, or have completely served out their sentence and had their basic freedoms restored. They now live by the same rules as...

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Why you should support Amendment 2

This Election Day, November 8, you have a chance to make a positive change in both health care and criminal justice with a single vote. I urge you to vote Yes on Amendment 2. It’s time to legalize medical marijuana in Florida. To be clear, marijuana is used for medical purposes in Florida every day. Cancer patients use it to combat nausea and restore appetite during chemotherapy. Multiple sclerosis patients use it to reduce spasticity. And those with glaucoma find it decreases eye pressure. But today, Floridians with these debilitating illnesses must decide whether to risk arrest and incarceration in...

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Abandonment & Another “Garbage” Fourth Amendment Case

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 weapons recovered) should be excluded from evidence.  A successful argument can be a fatal blow to most criminal prosecutions. Of course, like all rights, the Fourth Amendment's protections can be waived by our clients before we ever handle the case.  By far, the most common waiver-type situation is one where...

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Third DCA says Officer Had No Lawful Basis to Conduct Traffic Stop

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. Despite an abundance of pretty favorable caselaw on this issue, we're not always successful.  Because these arguments often occur in the midst of trial during a motion for judgment of acquittal, sometimes, those failures to persuade result in a convictions for our clients.  Only then can...

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Part 4: Know the Answers To The “Test” Before You Take It!

Part 4: Know The Answers to The "Test" Before You Take It! (This is Part 4 of a the blog series, The "Other" DUI: Driving Under the Influence of Ignorance," by top Miami DUI lawyer, Jordan Redavid.  To read Part 1, 2, or 3, click here) If you’ve ever been had to take a test or quiz as a student in school then the feeling of being examined by an authority figure (i.e. teacher) should not be unfamiliar to you. But that doesn’t you were comfortable with it.  After all, isn't that why people are always encouraged to study prior to taking a test?...

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Part 3: Pretextual Stops by Police are Permissible

(This is Part 3 of the blog series: "The 'Other' DUI: Driving Under the Influence (of Ignorance) by Miami DUI attorney Jordan Redavid.  Click here to read Part 1 or Part 2) 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...

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“Not Guilty, Demand Discovery, and Trial by Combat”

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." What you probably won't hear is "...and set the case for trial by combat."  But one lawyer in Staten Island, NY, did just that--he demanded a trial by combat after being sued for allegedly helping his client shelter money from a civil judgment. Wikipedia has an interesting historical recount of trial...

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DO I REALLY NEED A LAWYER?

Many of the calls we get at Redavid Law 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?” This can usually be traced back to feelings such as, “this can’t really be a big deal.  I don’t even know why I was arrested”; “I read the arrest form, and the cops are lying.  I can prove it”; “the cop told me he wouldn’t come to court”; or, “I’ll just speak to the prosecutor myself and let them know what really happened.” Invariably these...

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Obama’s Prison Visit Highlights Apathy of Prior Presidents

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.  For this, he has received great notoriety, and rightfully so. He is unquestionably a trailblazer in this respect; as for being a trendsetter, that remains to be seen. But it's not the future behavior of presidents unknown that concerns me; rather, it's the past...

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