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Category Archives: Criminal Law

Overweight

Officials Execute Obese Inmate

By William Wallshein P.A. |

A 48-year-old man, who weighed over 380 pounds, lost his final appeal and was executed in April 2025. The Florida Supreme Court rejected the man’s claims in a 23-page opinion, deeming his last-ditch effort to avoid the death penalty as “untimely and meritless,” noting that he’s had medical conditions dating back to 2009. Attorneys… Read More »

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HandcuffsOff3

Jail Release Basics In Palm Beach County

By William Wallshein P.A. |

Prompt jail release, which is guaranteed by the Eighth Amendment, may be the most overlooked and most important step in the criminal defense process. Note that “prompt” is a subjective word that means different things in different contexts. Many defendants don’t even have lawyers at the initial jail release stage. Delayed jail release usually… Read More »

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JudgeDon'tWorry

Socioeconomic Class And The Outcomes Of Criminal Cases

By William Wallshein P.A. |

The real fun in hate watching content about wealthy people lies not in seeing all the things they have that you will never be able to afford, but rather in seeing the things that money cannot buy.  Money cannot buy true friendship, and it cannot buy self-acceptance; you have as good a chance of… Read More »

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Ethos_Pathos_Logos

Pathos, Logos, Ethos, And Your Criminal Defense Case

By William Wallshein P.A. |

When you plead not guilty and your criminal case goes to trial, you are counting on your lawyer being able to persuade the jury that there is reasonable doubt about your guilt.  How do lawyers make persuasive arguments?  They do not do it by magic.  Part of your lawyer’s success takes place before the… Read More »

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PoliceSkeptical

When Does The Law Require You To Tell Police Your Name?

By William Wallshein P.A. |

You have the right to remain silent, except when you don’t.  It is possible to face criminal penalties for refusing to tell a police officer your name or to show a government-issued identification card in situations where the law requires this.  Police officers have the right to ask you your name if they are… Read More »

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Gun_Concealed2

Unlawful Carry Of Weapons

By William Wallshein P.A. |

Last summer, Florida made news headlines for enacting a “permitless carry” law.  Pursuant to the new law, you can carry a concealed firearm whether or not you have a permit, as long as you meet the eligibility requirements for getting a permit.  Florida’s gun laws are notoriously lenient, but that does not mean that… Read More »

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CourtTime

How Bad Is It If You Fail To Appear In Court?

By William Wallshein P.A. |

This week, the Florida Man who is on everyone’s mind is Joseph Malinowski, nicknamed “Lieutenant Dan” after the tough as nails Vietnam War veteran from the movie Forrest Gump.  Malinowski achieved fame by staying on his boat during Hurricane Helene and Hurricane Milton, while everyone else scurried for higher ground.  Shortly after his image… Read More »

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PhoneSearch

Smartphone Searches And The Fourth Amendment

By William Wallshein P.A. |

Things can quickly go from mildly annoying to disastrous at traffic stops.  One minute you make an illegal turn, and the next thing you know, police K9s are pointing at your pills that you thought were Xanax, but now the crime lab is saying that they were fentanyl, and all because a cop insisted… Read More »

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Jail_Payoff

Prosecutorial Misconduct And Florida Criminal Cases

By William Wallshein P.A. |

In most contexts, two wrongs don’t make a right.  If your brother complains to your mother that you hit him, and you protest, “He hit me first,” your mother’s response will probably be that you are both wrong.  In divorce cases where both spouses had extramarital affairs, the court does not automatically award the… Read More »

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MoneyMagic

Nebbia Holds

By William Wallshein P.A. |

Whether the state allows you to post bail or keeps you detained until trial is mostly beyond your control, although legal remedies are available if the state keeps you detained unfairly when you have not been convicted of a crime.  Some people want to abolish cash bail entirely, while the Bill of Rights only… Read More »

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