If you are ever asked by law enforcement officials for permission to search anything, our best advice is to say "no", and ask for your attorney. Each of us has the Constitutional right to deny a search that is not called for by a warrant. We also have the right to...
Year: 2013
William Sheppard Argues the Right to a Speedy Arrest Before the First District Court of Appeal
In addition to representing our clients in their individual cases, one of the most gratifying experiences to the members of this firm is to prevail on a constitutional issue which benefits thousands of criminally accused defendants. Over twenty -one years ago, we were...
Search and Seizure: Expectation of Privacy and the Physical Intrusion Test
We are often asked whether police officers have the right to approach a person's home without a warrant and then use what they observe to search the home. Generally, in the absence of "no trespassing" signs or fences, officers have the right to engage in what is...
The War on Marijuana in Black and White: Billions of Dollars Wasted
Ask most people whether billions of dollars should be spent arresting, prosecuting, and incarcerating people for marijuana offenses and the answer will be a resounding "no." Recent polling in Florida indicates over 70% of the state's voters favor legalizing marijuana...
United States Supreme Court Upholds Warrantless DNA Searches of People Arrested for “Serious” Crimes
In Maryland v. King, ___ U.S. ___ (June 3, 2013) the Court upheld the warrantless swabbing of individuals arrested for what the Court characterized as "serious" offenses. Left open by the Court's decision are the questions of 1) what constitutes a serious offense; and...
Hiring an Attorney
An attorney-client partnership is an important one. There are going to be ups and downs in your relationship. You want and need to be comfortable at the outset so you can be comfortable when your case comes to a conclusion. If you can't like and respect your attorney,...
William Sheppard, Elizabeth L. White, Matthew R. Kachergus & Bryan E. DeMaggio Admitted to Southern District of Florida
Attorneys William Sheppard, Elizabeth L. White, Matthew R. Kachergus & Bryan E. DeMaggio have been admitted to the Southern District of Florida.
Defending the “Undefendable”: Gary Eldon Alvord
I am often asked why so many criminal defense attorneys oppose the death penalty. Beside the fact that the death penalty is grossly ineffective, with the cost of capital litigation far exceeding that of imprisonment for life, defense practitioners see up close and...
Florida Supreme Court Rejects Warrantless Search of Cellphone
In a case of great significance, this week the Florida Supreme Court rejected the use of evidence obtained through the warrantless search of a cell phone. In Smallwood v. Florida, ___ So.3d ___, 38 Fla.L.Weekly 5271a (Fla. May 2, 2013), a case originating in Duval...
Welcome Jonathan Graessle, Our Newest Attorney!
Sheppard, White and Kachergus, P.A. proudly announces the addition of Jonathan Graessle to the firm. Mr. Graessle joined the firm in 2013, after clerking with the firm every summer during law school. Mr. Graessle graduated from the Bolles School in 2005. A "Double...