Recent Posts in Criminal Defense Category
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Posted on Aug 5, 2017 By Donald Kilfin
Well - that didn't take long. At the close of our last blog post, which covered the recent procedural amendments to Florida's "Stand Your Ground Law", I stated that challenges to ...
Continue reading "Florida Judge Rules Stand Your Ground Amendments Unconstitutional" »
Posted on Jul 1, 2017 By Donald Kilfin
Florida has become the first state in the union to place the burden of proof on the prosecutor during hearings on "stand your ground" immunity motions. Florida's "stand your ...
Continue reading "Florida Places Burden of Proof on the State In Stand Your Ground Immunity Hearings" »
Posted on Apr 12, 2017 By Donald Kilfin
On April 3rd, 2017, The Kilfin Law Firm, P.C. had its fourth anniversary. When I look back over the past four years, I am truly humbled by the people who have trusted me to help them and their family ...
Continue reading "Thank You" »
Posted on Mar 16, 2017 By Donald Kilfin
As a general principle, American citizens are constitutionally protected against unreasonable searches and seizures by government agents (including local law enforcement officers). If a search is to ...
Continue reading "Search & Seizure in Florida: An Overview" »
Posted on Feb 12, 2017 By Donald Kilfin
On Thursday, February 9th, 2017, a Pinellas County jury found a Kilfin Law Firm, P.C. client not guilty of Aggravated Battery. The case was tried with my good friend Skip Olney, owner of Olney Law, ...
Continue reading "Pinellas County Jury Finds Kilfin Law Firm, P.C. Client Not Guilty of Aggravated Battery" »
Posted on Feb 2, 2017 By Donald Kilfin
In previous posts we have looked at some of the lawful bases upon which the court can impose a sentence that is less than the person's low end guideline score. Florida currently recognizes ...
Continue reading "Florida Sentencing Guideline Departures: Legitimate, Uncoerced Plea Bargain" »
Posted on Dec 19, 2016 By Donald Kilfin
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 ...
Continue reading "Speedy Trial In Florida: An Overview" »
Posted on Nov 7, 2016 By Donald Kilfin
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 ...
Continue reading "St. Petersburg DUI Attorney Donald Kilfin Identified as One of Central Florida's Top BY NAFDD" »
Posted on Oct 15, 2016 By Donald Kilfin
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 ...
Continue reading "Florida Death Penalty Law Update: Pt. 2" »
Posted on Sep 14, 2016 By Donald Kilfin
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 ...
Continue reading "PSCO Releases Results of Labor Day DUI Wolf Pack Operation" »
Posted on Sep 1, 2016 By Donald Kilfin
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 ...
Continue reading "Florida Sentencing Guideline Departures: Need for Restitution" »
Posted on Aug 24, 2016 By Donald Kilfin
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 ...
Continue reading "Pasco County Jury Finds Kilfin Law Firm, P.C. Client Not Guilty of DUI" »
Posted on Aug 19, 2016 By Donald Kilfin
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 ...
Continue reading "DUI Crackdown Kicks Off in Tampa Bay & Throughout Florida" »
Posted on Aug 19, 2016 By Donald Kilfin
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 ...
Continue reading "Pinellas County Pre-Arrest Diversion Program: An Update" »
Posted on Aug 3, 2016 By Donald Kilfin
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 ...
Continue reading "The Aggravated Assault Exceptions to 10-20-Life: 2016 Updates" »
Posted on Jul 2, 2016 By Donald Kilfin
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, ...
Continue reading "U.S. Supreme Court Decides Constitutionality of Warrantless Breath & Blood Tests" »
Posted on Jun 9, 2016 By Donald Kilfin
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 ...
Continue reading "What is a Stand Your Ground Immunity Motion?" »
Posted on May 8, 2016 By Donald Kilfin
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 ...
Continue reading "Florida Sentencing Guideline Departures: Unsophisticated/Isolated/Remorse" »
Posted on Apr 3, 2016 By Donald Kilfin
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, ...
Continue reading "Pinellas Sheriff Proposes Pre-Arrest Diversion for Adults" »
Posted on Mar 12, 2016 By Donald Kilfin
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 ...
Continue reading "Florida Death Penalty Law Update" »
Posted on Dec 16, 2015 By Donald Kilfin
Florida's sentencing guideline scheme is utilized to determine an appropriate sentencing range in felony cases and to promote uniformity throughout the state. Every offense is assigned a certain ...
Continue reading "Florida Sentencing Guideline Departures: Youthful Offenders" »
Posted on Nov 7, 2015 By Donald Kilfin
Use a gun and you're done? Well. . . maybe not. In general terms, Florida's 10-20-Life statute requires the imposition of a ten year minimum mandatory sentence for the possession of a firearm ...
Continue reading "The Aggravated Assault Exceptions to Florida's 10-20-Life Statute" »
Posted on Oct 4, 2015 By Donald Kilfin
Nearly thirty new laws went into effect in the state of Florida on October 1st, 2015, involving no contact orders in domestic violence cases, prohibitions on "revenge porn", and tougher ...
Continue reading "Florida Enacts Tougher Prostitution Laws" »
Posted on Sep 25, 2015 By The Kilfin Law Firm, P.C.
While you have the right to represent yourself in court, this is generally a foolish decision in a criminal case. A St. Petersburg criminal defense lawyer will have the knowledge necessary to craft a ...
Continue reading "Do I Need A Criminal Defense Attorney?" »
Posted on Sep 5, 2015 By Donald Kilfin
As a St. Petersburg criminal defense attorney, I routinely hear about the circumstances under which a potential client was detained, arrested, and thereafter prosecuted for a criminal offense. In a ...
Continue reading "The Three Levels of Police Citizen Encounters" »
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