Z Law Firm

What Should I Do After I Have Been Arrested All too often, when I meet with clients, one of the first questions I am asked is, “what should I have done after I was arrested?”  The simplest response is, keep your mouth shut.  The 5th Amendment to the United States Constitution guarantees that an individual cannot be compelled by the government to provide incriminating information about themselves.  This is the so-called “Right to Remain Silent.”  So, if you are placed under arrest, remember that you have the right to remain silent .  You also have the right to speak with an attorney .  Finally, you have the right to refuse consent to a search of your person or belongings assuming the officer does not have a warrant.  Keep in mind that the officer does have the right to pat you down if there is concern that you may possess a weapon.  Should the officer ignore your refusal to give consent, this will provide a ground for a suppression motion at ...

Do I Need to Hire a Criminal Defense Attorney If you have been arrested or given a Notice to Appear in Court, it is a wise decision to seek the advice and counsel of an experienced criminal defense attorney .   Although there is no guarantee that the hiring of a lawyer will result in the dismissal of your case, a criminal lawyer can certainly have an impact on the outcome of the case and can guide you through the process to insure that your rights are protected. In criminal law, you can be charged with either a felony or misdemeanor offense.   A misdemeanor offense is one that is punishable by up to one-year in the county jail.   Although less serious than a felony offense, a misdemeanor can still have a major impact on your life.   Hiring the right criminal lawyer for your case might seem like an arduous task.   But taking the time to find the best lawyer can make a big difference.   When looking for a criminal defense lawyer, questions you should as...

  Orlando Criminal Defense Attorney | June 8, 2022 | Z Law Firm When facing criminal charges, it is imperative to seek counsel from an experienced Criminal Defense Attorney.  Many Law Firms will proudly tell you that they handle any case; whether it be a Personal Injury, Family Law, or a Criminal Defense Case.  What should concern you, is how this type of firm can be up to date on all of the constant changes to statutes and rules of procedure. This year, we faced a significant change to Florida Rule of Criminal Procedure 3.992 which deals with the Criminal Punishment Code Scoresheet.  The amendment was made following the Florida Supreme Court's ruling in State of Florida v. Gabriel , 314 So.3d 1243 (Fla. 2021) .  The issue was whether the lowest permissible sentence (LPS) could be applied if it exceeded the statutory maximum sentence.  For instance, if you were being sentenced on a third-degree felony, which carries a statutory maximum sentence of five-ye...

Florida Senate Bill 228 was drafted as an act relating to mandatory minimum sentences.  On October 1, 2016, it was enacted into law by amending Florida Statute 775.087.  The amendment deleted aggravated assault from the list of convictions which carry a minimum term of imprisonment if during the commission of the offense the convicted person possessed a firearm or destructive device.  It also deleted the term aggravated assault from the list of convicts which carry a minimum term of imprisonment if during the commission of the offense the convicted person possessed a semiautomatic firearm.

This morning, the United States Supreme Court, in an 8 - 1 decision, has ruled that Florida's system for sentencing persons to death is unconstitutional.  The system is set up to where the same jury who found the accused guilty, will participate in the "penalty phase" of the trial.  During the penalty phase, both the State and Defense will put on testimony and offer evidence in an effort to sway a jury into deciding to rule in favor of death or life in prison.  The problem the Court found was that regardless of the jury's decision, the ultimate decision power rested in the hands of the trial Judge. 

Article I, § 9 of the Florida Constitution reads, “no person shall be twice put in jeopardy for the same offense.”   Similarly, the Fifth Amendment to the United States Constitution provides that “no person shall be subject for the same offence to be twice put in jeopardy of life or limb.”   But what happens when a jury returns a verdict finding a defendant guilty of two criminal offenses having the same elements, but one which carries a lesser sentence than the other?   As seen, neither the United States Constitution nor the Florida Constitution dictate which conviction should be vacated. This issue was recently addressed by the Florida Supreme Court in State of Florida v. Tuttle , SC14-817 (Nov. 12, 2015).   In Tuttle , a jury returned a verdict finding the defendant guilty of attempted home invasion burglary and armed burglary.   Before the trial court entered the sentencing phase, the State of Florida advised the court of the double jeopardy issue an...