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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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Arrested2

Competency To Stand Trial

By Scott Berry Law |

One of the constitutional rights that a person has when charged with a crime is the right not to be tried unless the person is fit for trial. Being fit for trial or competent to stand trial deals with a person’s ability to assist with his defense as well as understand the criminal proceedings… Read More »

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DUI6

Installation Of An Ignition Interlock Device After A DUI Conviction

By Scott Berry Law |

When a person is convicted of driving under the influence of drugs or alcohol (DUI), there are usually a wide range of consequences depending on how many other DUI convictions the person has. In some cases, after a person is convicted of a DUI, the court may order that the person have an ignition… 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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Crime2

The Right to Speedy Trial In A Florida Criminal Case

By Scott Berry Law |

Florida Rule of Criminal Procedure 3.191 guarantees the right to a speedy trial in state court. The speedy trial rule says that, unless waived, the government must try the defendant in a criminal case within 175 days of arrest for a felony and 90 days of arrest for a misdemeanor. If the defendant is… Read More »

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Courtroom

Exercising The Right To Testify At Trial

By Scott Berry Law |

An accused’s right to testify in his defense is one of the most important rights an accused has in a criminal trial. How a person charged with a crime chooses to exercise this right can make a big difference in the outcome of the person’s trial. In some cases, testifying can be the right… Read More »

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PoliceSearch

Police Stops For Investigative Purposes

By Scott Berry Law |

Figuring out when police officers can legally stop and question a person on the street can sometimes get confusing. The validity of a police stop depends on what reason the police had to make the stop. In some cases, the length of time it takes for the stop to end may also make a… Read More »

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Drugs3

Prosecutions For The Possession, Sale, Or Manufacture Of A Drug Analog

By Scott Berry Law |

Every state in the country and the federal government have laws that prohibit the possession, manufacture, and sale of controlled substances. The well-known substances that fall into the category of controlled substances include cocaine, heroin, methamphetamines, and in most cases, marijuana, although there are more substances that are considered controlled substances. Because it is… 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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