The Mayberry Law Firm defends people accused of serious felonies across Florida, and that includes fights over statements you allegedly made to police. In Janssen v. State, Florida’s First District Court of Appeal affirmed a conviction after finding that the Miranda waiver and confession were voluntary. If officers questioned you,…
Tampa Criminal Lawyer Blog
Florida Case Update Constructive Possession After a Traffic Stop in Pasco County
The Mayberry Law Firm defends people accused of drug crimes and other felonies across Tampa Bay, and you deserve a clear read on what recent decisions mean for your case. A new opinion from Florida’s Second District shows how prosecutors use a traffic stop, a K-9 alert, and your own…
Florida Court Affirms Drug Conviction Implicating the Constructive Possession Doctrine
The Mayberry Law Firm knows that one moment behind the wheel can change everything. In Baker v. State, No. 1D2024-0407 (Fla. 1st DCA Apr. 2, 2025), the appellate court upheld convictions for three counts of drug possession after officers found narcotics in a car Baker was driving. The ruling…
FL Court Holds the Odor of Fresh Cannabis in a High-Crime Orlando Area Gave Police Probable Cause to Search Car
You pull into an Orlando gas station. Police watch you chat with a friend, grab something from your car, and head inside. They flag your window tint, stop you down the street, and ask you to roll down a window. The moment you crack the door an officer claims he…
Florida Court Affirms Drug Convictions Stemming from a Traffic Stop
The Mayberry Law Firm knows that one moment behind the wheel can change everything. In Baker v. State, No. 1D2024-0407 (Fla. 1st DCA Apr. 2, 2025), the appellate court upheld convictions for three counts of drug possession after officers found narcotics in a car Baker was driving. The ruling offers…
How Prosecutors Can Get Away with Breaking the Rules by Claiming “Harmless Error”
The rules of evidence are vital to ensuring a fair and just criminal justice system. In Florida, these rules aim to encourage honest testimony and prevent misleading or unfair uses of evidence, particularly in criminal cases where the stakes are high. Among these rules is the prohibition against hearsay, which…
Florida Appellate Court Weighs in on Motion to Suppress in Recent Marijuana Case
In Florida, criminal cases often hinge on whether evidence collected by law enforcement can be used in court. A key tool for defense attorneys is the motion to suppress, which aims to have evidence thrown out because it was obtained illegally. While a successful motion to suppress can be a…
Challenging Mandatory Minimum Sentences in Federal Cases
Mandatory minimum sentences are a critical component of federal criminal law, especially in cases involving drug crimes or child pornography. While they aim to standardize penalties, they often result in disproportionately harsh sentences for offenses that may seem less severe. However, these sentences are not entirely immutable. Legal provisions like…
Federal Prosecutors Seek Convictions for AI-Generated Child Pornography
State and federal laws have evolved to strictly prohibit and criminalize the possession of child pornography, aiming to protect vulnerable victims and ensure justice. However, with the rise of technology and artificial intelligence, new challenges have emerged, particularly in relation to AI-generated content that mimics child sexual abuse. Lawmakers and…
How to Prevent a Small Traffic Stop from Turning into Serious Criminal Charges
Many criminal prosecutions in Florida start with something as simple as a routine traffic stop. What might seem like an ordinary interaction with law enforcement can quickly escalate into a much more serious situation based on what is seen or found in the suspect’s vehicle. For instance, an officer might…