Soler & Simon Criminal Defense Blog

***This blog is meant to be informational only and not legal advice. Be sure to speak to an attorney about your unique situation. Do not rely on anything written here to make a decision in your case***

The state (prosecutor) wants jail, can I do rehab instead?

There are situations where a defendant in a criminal case can convince the prosecutor or judge to allow the completion of a residential...

I was holding someone else's prescription and was arrested for possession of a controlled substance

Florida law permits an individual to legally possess a controlled substance obtained pursuant to a valid prescription. The “prescription...

I was charged with battery after a fight, what defenses are available to me?

A defense available to those charged with battery (also called "touch or strike battery") is the defense of consent. An essential element...

Should I Turn Myself in on a Warrant in Sarasota/Manatee?

Let's face it, no one wants to go to jail. If you know you have a pending warrant for your arrest, however, biting the bullet and turning...

Accused of Domestic Violence or Battery? Be sure to take pictures of all defensive Injuries.

Oftentimes there are no independent witnesses in battery and domestic battery situations—they are often "he said, she said" crimes....

What is an inventory search of a vehicle in Florida?

Most people are familiar with your typical search and seizure scenario - a cop comes to someone's door holding a piece of paper...

Want to search if someone is on felony probation or in the Department of Corrections in Florida?

Click here for the Florida Department of Corrections (DOC) website where you can search if someone is in the custody of DOC (currently in...

Two or more DUI's? Sarasota DUI Court focuses on getting you help...

If you have been charged with driving under the influence (DUI) and have a prior DUI conviction, you may qualify for Sarasota County DUI...

I got a DUI, will I need to get an ignition interlock device installed on my car?

An ignition interlock is a device typically installed on the dashboard of a vehicle that requires a person to provide a breath sample by...

The police officer lied about the reason for stopping my car and I was charged with a crime...

A police officer cannot stop your car for any reason or no reason at all--the officer must have a VALID LEGAL reason to stop you. For...

I can't afford my probation fees and costs, what can I do?

When being sentenced by a judge in a criminal case, often fines and fees are the last things on a defendant's mind. However, these...

The police officer is lying: I never gave consent to search

It is becoming increasingly common to read police reports where evidence of drugs was allegedly found after a "consensual" search only to...

What is jury nullification?

The result of a jury trial is called a verdict. The main two verdicts are guilty or not guilty. These are what are commonly seen in tv,...

When the police officer or detective spoke to you, were you promised help or leniency?

A confession or admission must be freely and voluntarily given. There should be no coercion through scaring a person or offering them...

Can I challenge a stop and search if I was the passenger in a car?

Florida law is tricky when it comes to challenging a search of a vehicle. This is especially true when the passenger of a vehicle wants...

What's the difference between PTI (pre-trial intervention) and Probation?

Many people become confused about the difference between probation and pre-trial intervention (PTI). Both are "resolutions" to a criminal...

What is the difference between drug offender probation and regular probation?

While the terms of probation can vary from area to area, there are some specialized probation programs that will be given in some cases....

When referring to a criminal sentence, what does consecutive, concurrent, and coterminous mean?

Example of a Concurrent Sentence Concurrent means the sentences are running together at the same time. Let's say that a defendant is...

Can my juvenile conviction be used against me in my adult criminal case?

There are a lot of misconceptions about how juvenile charges work and how they effect charges later on in life. Most people view juvenile...

Can I be convicted of DUI simply because I have a controlled substance in my blood or urine?

In order to convict you of driving under the influence (DUI), the state of Florida must prove beyond a reasonable doubt that you were...