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This morning’s jury trial began at 9:30 with the prosecutor’s opening statement. She gave hers, I gave mine, and she called her first witness. This was a domestic battery accusation, and witness number one was the accuser. I was loaded for bear. I had photographs that contradicted her claim. I had certified copies of her…

I am embarking on a journey, a campaign, if you like, a sort of Johnny Appleseed-like endeavor. One of America’s fondest legends is that of Johnny Appleseed, a folk hero and pioneer apple farmer in the 1800’s. There really was a Johnny Appleseed and his real name was John Chapman. He was born in Leominster,…

In 1990, I defended a man charged with capital murder. On May 6 of that year, four men drove from a trailer park in southern Fort Pierce to a house in Sebastian. At least three of them burst through the front door and held a man at gunpoint. The man, allegedly a pot dealer, was…

Stephen Jones is the current dean of the National College DUI Defense. He also serves as chairperson of the curriculum committee. About a year ago, Jones invited me to lecture at the 2015 winter session in Orlando, and I accepted his invitation. We agreed that my presentation would be on ethics. Frankly, I was surprised…

Getting to Not Guilty Despite Two Detectives’ Claims Convicted sex offenders living in Florida are required to register and provide their residence address with their local sheriff’s office. Florida law requires the probation department to confirm periodically that the address for those offenders who are on probation are both current and accurate. Conversely, sheriff’s departments…

A few weeks ago, a friend and colleague who lives and works in rural Oklahoma reached out to me for help. It seems a friend of his had been arrested at the Jacksonville airport by employees of TSA. Not for smuggling contraband. Not for terrorism. For battery. On a TSA employee. It seems my colleague’s…

A former Texas district attorney entered into an unusual plea bargain recently. He agreed to serve 10 days in jail for withholding evidence that could have stopped an innocent man from going to prison for nearly 25 years. This is apparently the first time a prosecutor has been sent to jail for concealing evidence helpful…

In a nationally televised press conference on Thursday, State Attorney Willie Meggs announced that Florida State quarterback Jameis Winston will not be charged with sexual assault. While it sounded as if Meggs found the accuser to be generally believable, gaps in her memory coupled with the discovery of DNA from another man (apparently the complainant’s…

John H. hired me to defend him against a DUI charge. He had two previous convictions, so he knew the stakes were high. He also was firmly convinced of his innocence. He’d been riding his motorcycle, and was pulled over only because he was not wearing protective eyewear. No bad driving. No speeding, no swaying,…

Had an entertaining trial this week. I defended a man charged with battery, which Florida law defines as touching or striking another person against that person’s will. My client’s version of the events was that he and the other guy, a cousin, had a verbal disagreement that got heated. My client offered to “put up…