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Self-Representation In A Criminal Case

By Scott Berry Law |

Sometimes in the court of a criminal proceeding, the accused may decide to fire his or her attorney and proceed pro se. When a person proceeds pro se, it means that he represents himself and works as his own advocate in court. Anyone who is facing trial may defend himself if it is his… Read More »

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The Supreme Court Holds That Police Require A Search Warrant To Get A Person’s Historical Cell Location Data

By Scott Berry Law |

In another decision reinforcing the rights of an accused person under the Fourth Amendment, the United States Supreme Court recently ruled in Carpenter v. United States that the police need to get a warrant in order to get the historical cell phone location data related to a person’s cell phone. When the police proceed… Read More »

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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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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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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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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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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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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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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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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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