In criminal defense cases involving driving under the influence (DUI), much depends on the legality of the initial traffic stop and subsequent investigation. Trial courts must evaluate whether law enforcement acted within constitutional limits when detaining and arresting a driver. In other words, an officer must have reasonable suspicion for…
Under Florida law, the courts have discretion with regard to sentencing people convicted of crimes. Their discretion is not boundless, however, as in some cases, they are bound by statutory limitations. If a court issues a sentence that fails to abide by a directive in a sentencing statute, the sentence…
DUI offenses are not merely traffic violations; instead, they are crimes that can carry significant penalties. There are limitations to the penalties a court can impose for a DUI offense, though, and if a court imposes a sentence over the maximum permitted, it may be unlawful. This was demonstrated recently…
Pursuant to state and federal law, people cannot be convicted more than once of the same offense, as it violates the prohibition against double jeopardy. While in some instances, it is clear that a conviction constitutes double jeopardy, in others, it is less obvious. For example, a Florida court recently…
The United States Constitution protects criminal defendants from unjust outcomes. For example, the Fifth Amendment prohibits a person from being prosecuted twice for substantially the same crime. In spite of the protections offered by the double jeopardy clause of the Fifth Amendment, it is not uncommon for a criminal defendant…
If you have been arrested for DUI in St. Petersburg, FL, you probably wonder what to do next. You may be feeling scared and overwhelmed and unsure of where to turn. Don’t worry – you are not alone. Thousands of people each year find themselves in this situation. The good…
If you need a DUI lawyer in the St. Petersburg, Florida area, you have come to the right place. This blog post will give you tips on finding the best DUI lawyer for your needs. When choosing a DUI lawyer, there are many factors to consider, such as price and…
In a recent public service announcement, Hanlon Law mentioned why people should hire a DUI attorney if they have been arrested for a DUI/DWI in St. Petersburg, FL. (St. Petersburg, FL April 2022) Hanlon Law, a criminal defense law firm in St. Petersburg, FL, recently shared some reasons why people…
Hanlon Law, a criminal defense firm in St. Petersburg, Florida recently discussed some of the key reasons to hire a St. Petersburg DUI lawyer after being arrested for DUI. Currently, Hanlon Law offers exceptional legal services and has defended thousands of clients accused of a myriad of DUI charges. (St.…
People accused of DUI violations and other crimes have the right to a fair trial. As a result, if a judge sitting over a criminal case exhibits undue prejudice against the defendant, it may be possible to argue that the judge should not be allowed to preside over the case.…