Clearwater Criminal Defense Law Blog

In some circumstances Floridians may have all legal records of their crime wiped from the official record. The expungement process is not widely known in the state of Florida, but it is available to those who have past crimes they would like to have removed from their record. Here’s what you need to know about expungement in Florida. Basics Expungement is the removal from public view the details of a criminal conviction. Essentially, if a court agrees to expunge the record of a crime, as far as non-government entities go, it’s as though the crime had never happened. Why Expunge? Individuals...

Last week we went over some of the limits the law places on police in Florida regarding searching and seizing the property of private individuals. This is the second part of that series, and we shall discuss other concerns and issues surrounding Florida’s search and seizure laws and what they mean for you. Reasonable Expectation Of Privacy Another situation in which law enforcement does not need a warrant to seize contraband is when the individual whose property is being searched does not have a reasonable expectation of privacy. The United States Supreme Court has interpreted the Fourth...

Florida’s law enforcement has many tools at its disposal for investigating crime. However, police and investigators have strict limits on what they may or may not do in the course of an investigation. Following is a discussion of police search and seizure and the authority and limitations law enforcement has in the state of Florida. Basics The root of police search and seizure limitations can be found in the Fourth Amendment to the Constitution, which reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall...

Many Floridians talk about civil rights and how an individual’s civil rights may be violated from time to time. But where do these civil rights come from? Following is a discussion of the origin of American civil rights and what that means for you if you find yourself facing a civil rights violation in Florida. Basics In general, civil rights are recognized in one of two ways: Federal legislation, or federal court decisions. The Federal government establishes the basic set of civil rights that every American state must recognize. Although states may recognize more civil rights than the...

Although individuals who are incarcerated have lost either permanently or temporarily several rights and privileges that the rest of us take for granted, prisoners in state custody still possess several important civil rights that the government must recognize even in prison. Here’s what you should know about the rights of inmates in Florida and federal prisons if you or someone you love ends up a long-term guest of the state. Right To Express Complaints Inmates in state or federal custody have the right to approach prison administrators to air their complaints about the conditions of their...