Blog Posts in 2016

Speedy Trial In Florida: An Overview

Any discussion of Speedy Trial must begin with the United States Constitution, where the right has its foundation. The Sixth Amendment provides that "In all criminal prosecutions, the accused ...
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St. Petersburg DUI Attorney Donald Kilfin Identified as One of Central Florida's Top BY NAFDD

Donald J. Kilfin owns and operates The Kilfin Law Firm, P.C. in St. Petersburg, FL. He is a member of the National Advocacy for DUI Defense (NAFDD), LLC, an organization that awards the nation's ...
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Florida Death Penalty Law Update: Pt. 2

Our March 2014 post presented an overview of the United States Supreme Court's January 12th ruling that struck down Florida's death sentence provisions as unconstitutional. The opinion was ...
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PSCO Releases Results of Labor Day DUI Wolf Pack Operation

In early September, we published a post advising readers of the DUI Wolf Pack operation that was to take place over the labor day weekend. Wolf pack operations usually occur on most major holidays ...
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DUI Wolf Pack to Roam Pinellas County This Labor Day Weekend

The Pinellas County Sheriff's Office has announced plans to implement a DUI Wolf Pack operation this coming weekend. It will be a collaborative effort between the P.C.S.O. and other local law ...
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Florida Sentencing Guideline Departures: Need for Restitution

In past posts, we have explored the circumstances under which the trial court can impose a sentence that is less than what the applicable guideline range mandates. These prior posts include the ...
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Pasco County Jury Finds Kilfin Law Firm, P.C. Client Not Guilty of DUI

On Tuesday, August 23rd, a Pasco County jury deliberated for a little over an hour before returning a not guilty verdict in a DUI case involving a Kilfin Law Firm, P.C. client who was facing ten ...
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DUI Crackdown Kicks Off in Tampa Bay & Throughout Florida

From today until September 5th, the Florida Highway Patrol and other law enforcement agencies will take part in a national "Drive Sober or Get Pulled Over" initiative. The nationwide ...
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Pinellas County Pre-Arrest Diversion Program: An Update

Our April, 2016 post provided an overview of Pinellas County Sheriff Bob Gualtieri's proposed pre-arrest diversion program for adults who commit low level offenses. The program was proposed, at ...
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The Aggravated Assault Exceptions to 10-20-Life: 2016 Updates

In our November, 2015 post, we examined the unique position aggravated assault held under Florida's 10-20-Life statute. To briefly recap: In accordance with section 775.087 (also known as ...
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U.S. Supreme Court Decides Constitutionality of Warrantless Breath & Blood Tests

Our January 2016 post examined the issue of whether a law enforcement officer, in Florida, was required to obtain a search warrant as a condition precedent to the administration of a breath test and, ...
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What is a Stand Your Ground Immunity Motion?

Florida has always had laws that authorize an individual to defend themselves against an imminent attack from another person. Prior to 2005, however, the individual had an affirmative obligation (or ...
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Florida Sentencing Guideline Departures: Unsophisticated/Isolated/Remorse

In our December, 2015 post, we examined the circumstances under which the court can "depart" from the sentencing guidelines based on the defendant's status as a youthful offender. This ...
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Pinellas Sheriff Proposes Pre-Arrest Diversion for Adults

In recent months, there has been a trend toward the decriminalization of possessing small amounts of marijuana. In lieu of an arrest and subsequent prosecution, the offender receives a civil citation, ...
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Florida Death Penalty Law Update

On January 12, the U.S. Supreme Court struck down Florida's death penalty sentencing scheme on the ground that it violated the Sixth Amendment to the United States Constitution, which guarantees ...
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Florida Supreme Court to Consider the Constitutionality of Breath Test Refusal Charges Without a Search Warrant

In Florida, it is a criminal offense to refuse to submit to a blood, breath or urine test if you have refused to submit to such a test on a previous occasion. A prima facie case requires that: (1) the ...
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