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***

What is the difference between actual possession and constructive possession in Florida?

In order to convict one for possession of drugs or paraphernalia the state must prove that the person was in actual or constructive...

Do not ruin your case! Do not talk about your case over the jail or visitation phones.

Do you know that the Sarasota County Jail (and basically all other jails) records ALL communications: all phone calls and all visitation...

Arrested for DUI? The jail video may save you.

If you are arrested for DUI the arresting officer may, or may not, video record you. (This will usually depend on whether the arresting...

My friend and/or loved one is in jail and I need to take care of his or her house and business

You may be able to accomplish this with a power of attorney. A power of attorney is a powerful legal document delegating authority from...

What is a wheel witness in a DUI in Florida?

What is a wheel witness in Florida? A "wheel witness" is an essential witness in a case against a person for various criminal driving...

I have been charged with a crime but do not have a court date, what can I do?

Sometimes people are arrested, given a citation, or given a notice to appear for a criminal case, but are unsure as to what to do next or...

Is it a crime in Florida to let someone drive my car if I know they have a suspended license?

Yes. Florida Statute 322.36, Permitting Unauthorized Operator to Drive, states: "A person may not authorize or knowingly permit a motor...

It was an emergency and I had to drive and I got a DUI

What is the necessity defense and is it applicable to my DUI case? If you had no choice but to drive because of some type of emergency...

I was charged with DUI but I was not drinking or taking drugs, can I be convicted of DUI?

The state must be able prove that you were under the influence of alcohol and/or, a harmful chemical substance set forth by Florida law,...

I can't make it to my court date. What can I do?

If you hire our firm to represent you for your criminal defense case in Sarasota or Manatee Counties we can likely waive your appearance...

What is Early Case Resolution (ECR) for a VOP in Sarasota and Manatee Counties?

Early case resolution (ECR) is a court hearing held in front of a judge. Generally these hearings happen once a week in front of a series...

Can the prosecutor go forward with criminal charges if there is no evidence?

Many times we talk to people who are concerned that the state is going forward with charges against them or a family member with no...

I'm afraid I'm going to be arrested after speaking with the police

Cops investigated a crime but haven't made an arrest? What's going on? Sometimes a detective will talk with an individual, the individual...

Should I tell my attorney that I am Guilty?

The answer is undoubtedly yes. You should always be honest with your attorney in discussions. Anything you tell him or her is privileged...

In Florida, can drug trafficking mandatory minimums be waived?

Florida's drug crimes are strict, especially trafficking charges. Trafficking charges are not always much harder to prove for the state...

What is extradition in Florida?

The term "extradition" often brings up the image of an international criminal who jumps from country to country committing crimes and has...

How do I early terminate my probation?

Can I get off probation early in Sarasota? One of the most common questions people have when considering probation is how long do I have...

What is a "consensual encounter" in a criminal case?

Why is the police officer being just a little too friendly? The United States Constitution requires a law enforcement officer to have...

What effect does pleaing guilty or no contest have on a civil suit?

While criminal and civil court are very different areas of law, sometimes they do crossover with one another. Sometimes when a battery or...

Did you get a DUI and get in an accident?

The state may not be able to use any statements that you made during the traffic investigation against you! The accident report privilege...