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Author Archives: Jonathan Hackworth

Can the police search your phone without a warrant?

Tampa criminal defense attorneys and defense attorneys across this country have been debating this issue frankly since the first cell phone came out – can one search your phone without a warrant. Fortunately, the United States Supreme Court and the Florida Supreme Court very recently have provided somewhat strict guidance on this issue. For your […]

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What is a proffer? Criminal Defense term defined.

A proffer has two separate meanings depending on its context. The meaning differs on whether it is used in a trial or evidentiary hearing setting or a criminal matter, either in the Federal or State system. First, if the term is used regarding a trial or evidentiary hearing setting, it is referring to an attorney […]

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Why can the State Attorney’s Office require me to provide fingerprints and/or DNA?

Yes, the State Attorney’s Office can compel a DNA sample, by using a cotton swab to swipe the inside of a defendant’s mouth, or a fingerprint, by literally “rolling the prints in the actual courthouse”. Many times this is difficult to explain as a Tampa criminal defense attorney to our clients based on their perception […]

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How can the State use my refusal against me in my Tampa DUI?

Many Tampa DUI attorneys are asked by their clients about the actual effects of their refusal in their Tampa DUI case. As we have discussed elsewhere on our Tampa DUI attorney blog, a “refusal” occurs when someone is given the chance to take a breath test and they refuse to do so. Aside from the […]

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Will the jury see the video of me from the night of my Tampa DUI?

Yes, the video of you pre-arrest, arrest and at central breath testing will be view by the jury during your Tampa DUI trial. Generally, it is one of the first pieces of evidence introduced by the State Attorney’s Office during a DUI trial. If the State isn’t admitting it, then it must be extremely beneficial […]

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What are motions in limine?

Tampa trial attorneys are often asked specifically about is meant by a motion in limine. Motions in limine are often discussed prior to trial regarding ensuring either the inclusion or exclusion of evidentiary matters. For example, in a Tampa DUI case, a Tampa trial attorney will likely move to exclude testimony and arguments concerning horizontal […]

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Upcoming DUI Checkpoints in Tampa, FL for June 2014

With summer finally coming along, DUI enforcement teams are certainly going to step up their patrols in our area. Tampa DUI Attorneys are often asked about the specifics of DUI checkpoints. These checkpoints lead to many DUI arrests throughout the greater Tampa Bay Area. Florida has very severe penalties for those convicted of DUI, Florida […]

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Can I get a violation of probation for only financial matters?

In short, yes. Tampa violation of probation attorneys are often asked about whether misdemeanor or felony probation can be violated solely for a probationer failing to meet their financial obligations, like paying the cost of supervision, court costs, fines, restitution, etc. Yes, one’s probation can be violated simply for failing to pay for things associated […]

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Can I apply for early termination of probation?

Yes, many probationers ask their Tampa criminal defense attorneys about trying to early terminate their probation. Obviously, they are in hurry to attempt to get off probation for a variety of reason, including being done with supervision, supervision interfering with their job, tired of being fearful of violating probation, etc. Yes, a probationer can apply […]

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Brandon Criminal Defense Attorneys – polygraph results

Brandon criminal defense attorneys are often asked about the impact of polygraph tests and the admission of same. In short, no, they are not admissible in Florida courts. Before going too far into why they are not yet admissible, it is worth highlighting specifically how these machines are supposed to work. Polygraphs are intended to […]

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