Under the federal sentencing guidelines the concept of relevant conduct allows a judge to consider the defendant’s actual conviction as well as their alleged crimes when determining their sentence. While judges have always been allowed to consider ...
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In early spring, the Hillsborough County State Attorney’s Office unveiled a program designed to reduce the charges for people who have had their first DUI arrest. Reducing Impaired Drivers Recidivism Program, referred to as the RIDR, was intended t...
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A bond is collateral that a defendant uses to secure their freedom while awaiting trial or other resolution of their case. A bond is often referred to as bail, especially in state courts. In Florida there is a standard bond schedule for specific char...
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Federal Sentencing Calculation One of the primary differences between state and federal court representation are the federal sentencing guidelines. These guidelines dictate the potential incarceration exposure a person faces when charged with a fe...
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When a person receives a serious medical diagnosis from a doctor, it is common to seek a second opinion from another physician to verify the diagnosis and to review additional treatment options. This same process should be followed by someone facing ...
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Stechschulte Nell is pleased to announce that Ben has recently received his recertification in Board Certified in Criminal Trial Law in both state and federal court. Of the over 88,000 attorneys eligible to practice in Florida, only 433 are cert...
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Search warrants are used by local, state and federal law enforcement entities to gather evidence and information about the target of an investigation or a witness related to one. The only notice you will receive that a search warrant is to be execute...
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Changing Rules A year ago, the City of Tampa chose to decriminalize the possession of small quantities of non-medical marijuana (up to 20 grams). Those found carrying this amount of marijuana are now charged with a civil infraction that carries ...
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Requirement to Take a Polygraph Examination A prosecutor or law enforcement agent cannot require a person to submit to a polygraph examination in a criminal case. A defendant may choose to do so voluntarily, but this should only occur on the advic...
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The opioid epidemic is damaging lives across the country, with 27 million Americans stating that they have misused illegal drugs or opioid-based prescription pain killers in 2016. States have been cracking down on physicians who over-prescribe opio...
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