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Tag Archives: West Palm Beach Criminal Defense Lawyer

LadyJustice2

Conditions of Probation in Florida

By Scott Berry Law |

Like other states, Florida has the option to issue a probation order as an alternative to imprisoning someone in some cases. Probation will allow a defendant to retain some of their freedoms, provided they follow the strict guidelines and conditions set forth by the courts. A violation of your probation can have serious legal… Read More »

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Arrested3

What’s the Difference Between a Misdemeanor and Felony in Florida?

By Scott Berry Law |

When you’re charged with a crime, it will be categorized as either a misdemeanor or a felony. The difference between these two classifications is great, as they can have very different legal consequences. A felony offense is more serious than a misdemeanor, and a conviction can involve more serious and lengthier sentences and longer-lasting… Read More »

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CellPhone

The Supreme Court Holds That Police Require A Search Warrant To Get A Person’s Historical Cell Location Data

By Scott Berry Law |

In another decision reinforcing the rights of an accused person under the Fourth Amendment, the United States Supreme Court recently ruled in Carpenter v. United States that the police need to get a warrant in order to get the historical cell phone location data related to a person’s cell phone. When the police proceed… Read More »

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FedCrime

Supreme Court Declines To Expand The Automobile Exception

By Scott Berry Law |

The automobile exception to the Fourth Amendment prohibition against unreasonable search and seizure allows police officers to search vehicles without a warrant, as long they have probable cause to believe that there is evidence or contraband in the vehicle. The automobile exception has traditionally been restricted to public ways, and now the Supreme Court… Read More »

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Courtroom

Trial In Absentia And The Constitutional Right To Trial

By Scott Berry Law |

The Sixth Amendment to the U.S. Constitution guarantees that any person who is charged with a crime and subjected to a criminal prosecution is entitled to a speedy and public trial. However, even if this right is guaranteed, an accused person can be tried in absentia, which means the accused person’s trial can proceed… Read More »

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LadyJustice

Immunity From Prosecution In Exchange For Testimony At A Criminal Trial

By Scott Berry Law |

Even with extensive investigations, the prosecution may often rely on accomplices when prosecuting a person for committing a criminal offense. A person who is considered an accomplice or who has knowledge of the crimes can often present critical evidence that makes the prosecution’s case. Because of this, the prosecution often offers this kind of… Read More »

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Advocate

What Is A Motion In Limine?

By Scott Berry Law |

A video of a hearing in which a man who was nominated to serve as a federal district judge failing to answer several questions about basic legal concepts went viral recently. One of the questions the man was asked was whether he knew what a motion in limine was, a question he was not… Read More »

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DUI_Check

Sobriety Checkpoints And DUI Charges

By Scott Berry Law |

Police departments try to crack down on drivers who drink and drive, especially around the holidays. These crackdowns are sometimes accomplished through DUI checkpoints, also known as sobriety checkpoints or roadblocks. These are traffics stops manned by police officers, where certain drivers are stopped briefly in order for the police to determine whether or… Read More »

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Juvenile

Minors Charged With Crimes In Florida

By Scott Berry Law |

There are many differences between how adults think and how children think. This fact is not always recognized, even in the criminal justice system, and children are usually arrested and charged for behavior that should be handled in other ways. Teens, especially, can have a hard time because most adults expect them to make… Read More »

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Arrested

What Is Constructive Possession?

By Scott Berry Law |

It may come as a surprise to some people that it is possible to get charged and convicted for drug possession without ever having actual possession of the drugs in question. There are two ways in which a person can be convicted on a drug possession charge: one, if the prosecution can prove actual… Read More »

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