Marijuana Smell, Probable Cause, and Vehicle Searches: Latest Twist in Florida Case Law
________________________________________________________________ Fifth District Rules K-9 Alert on Cannabis Can’t be Sole Basis for Vehicle Search _________________________________________ “Odor Plus” is New Standard for Probable Cause Law enforcement and the courts are continuing to adjust as Florida laws change to reflect the public’s increasingly relaxed attitude toward marijuana use. The changing legal status of cannabis in Florida […]
Probable Cause: K-9 Vehicle Search Doesn’t Pass the Smell Test
In a decision with wide-ranging consequences, Florida’s 5th District Court of Appeal has ruled that a drug-sniffing dog’s alert to cannabis cannot be the only justification for police to conduct a vehicle search. The decision marks a major shift in how law enforcement can conduct roadside investigations, especially in light of Florida’s medical marijuana laws. […]
Legal Analyst Jose Rivas Explains Why Matt Gaetz Won’t Face Criminal Charges in Florida
Orlando criminal defense attorney and television news commentator Jose Rivas appeared on Fox 35 News to provide perspective on the reasons why former Congressman Matt Gaetz is unlikely to face criminal charges in Florida, despite serious allegations of sex-trafficking and statutory rape as outlined in a recent House Ethics Committee report. The veteran legal analyst […]
Orlando Shooting Death and Florida’s Stand Your Ground Law
Legal Analyst Jose Rivas Examines Stand Your Ground Law After Orlando Shooting Following a deadly incident at Orlando’s Summergate Apartments in which an off-duty corrections officer shot an alleged car burglar, Florida legal expert Jose Rivas spoke with WESH 2 News about how Florida’s Stand Your Ground law could come into play. Before the statute […]
Illegal Street Racing Charges in Orlando: What You Need to Know
Getting arrested for illegal street racing in Orlando gets you into a lot more trouble these days, thanks to new laws and stricter enforcement targeting “street takeovers” – organized events where groups deliberately seize control of public roads for racing and dangerous driving stunts. Orlando criminal defense lawyer and television legal analyst Jose Rivas said […]
Shoplifting Charges and Florida’s Shopkeeper’s Privilege Law
Just because a store detained you doesn’t automatically mean they were right to do so. Many people are wrongly accused of shoplifting every day, and stores don’t always follow the rules they’re supposed to. Florida retail theft laws, spelled out in Florida Statute 812.015, gives store owners certain rights, including the so-called Shopkeeper’s Privilege – […]
Briana Boston Threat to Health Insurer Raises Legal Questions about Criminal Defense
In a case that has captured national attention, Briana Boston of Lakeland faces serious criminal charges after allegedly making threats against Blue Cross Blue Shield following a denied medical claim. The 42-year-old mother of three now finds herself at the center of a legal storm that highlights the escalating tensions between healthcare insurers and frustrated […]
Probation Violation Defense Lawyer on “Standard of Proof”
To get a criminal conviction, a prosecutor has to be able to prove that a defendant is guilty of violating the law “beyond a reasonable doubt.” A probation violation is different. The “reasonable doubt” standard of proof is generally regarded as a pretty tough standard, one that gives a judge or a jury some wiggle […]
Susan Lorincz Sentence: 25 Year Stretch Shows Limits of Mitigation and Downward Departure
When it came time to sentence Susan Lorincz for the fatal shooting of her neighbor in 2023, her defense attorneys argued that because of past trauma and a clean record, the 60-year-old Ocala woman should receive probation instead of prison, while the victim’s family and prosecutors wanted the maximum sentence of 30 years in prison. […]
Orlando Civil Litigator Analyzes Orange County Election Supervisor’s $4M Scholarship Fund Dispute
Florida legal expert and Orlando civil litigator David Diaz from the Rivas Law Firm has weighed in on the contentious legal dispute between Orange County Mayor Jerry Demings and Supervisor of Elections Glen Gilzean regarding $4 million in leftover election funds. The controversy has sparked significant debate about the proper use of public funds and […]
