Blenk Law, PAPolk County FL Criminal Defense Attorney | Bartow Family Law2026-10-18T19:24:03Zhttps://www.criminalattorneypolk.com/feed/atom/WordPressOn Behalf of Blenk Law, PA<![CDATA[Can a police officer lie to you during questioning?]]>https://www.criminalattorneypolk.com/?p=473942026-10-18T19:24:03Z2026-10-18T19:24:03ZWhen you are questioned by the police in relation to an alleged crime, you may be aware that lying to them could bring you additional problems. Under Florida Statute 837.05, it is a criminal offense if a person “knowingly gives false information to a law enforcement officer concerning the alleged commission of any crime.” So, if you don’t want to give a truthful answer to a particular question, it is safer to exercise your right to stay silent rather than tell them a lie. It’s often considered better to do this from the outset to stop the police from asking questions.But what about the other side of the equation? Do police officers have to tell you the truth? Or does the law say it is acceptable for them to tell lies?
The police are not bound by the same rules as you
Lying to suspects is a common tactic that police officers are taught to help them get a confession.In the 1969 case Frazier v. Cupp, the U.S. Supreme Court deemed it acceptable that the police achieved a confession from a defendant by telling him that his cousin had already admitted to them both committing the crime, when he had not done any such thing. Ever since then, it’s pretty much been a given that the police can lie to people under investigation to try and get a confession out of them, provided the confession is given voluntarily. While a few states have moved to prohibit police officers from lying to those under investigation, Florida has not. That said, there are still certain lines the police are not allowed to cross. They can’t, for example, say that admitting to the crime will only result in a few days in jail if the likely sentence is much harsher.Being questioned by police over a crime can feel challenging even when they are being straight with you. Seeking early legal guidance is perhaps the best way to protect your rights, especially if you feel a police officer's actions are illegal.]]>On Behalf of Blenk Law, PA<![CDATA[3 possible options for contesting a DUI charge]]>https://www.criminalattorneypolk.com/?p=473872026-10-02T16:57:17Z2026-10-02T16:57:17ZWhen charged with driving under the influence (DUI), many drivers automatically decide to plead guilty. They believe that trying to fight the charge would be a waste of time and money.
That’s not usually the best option. Many defendants will come out ahead if they choose to challenge the prosecution’s case. Here are some of the ways you might be able to challenge a DUI charge.
1. Look at the traffic stop
Not all traffic stops are legal. The officers who stop you must have reasonable suspicion that you broke the law to pull you over. In other words, a stop predicated on a broken turn signal may be valid – but a traffic stop because you are driving a beat-up vehicle in a largely affluent neighborhood would probably not be.
2. Look at the testing
If you failed a chemical blood alcohol content (BAC) test, don’t just assume the readings are accurate. A miscalibrated machine, or errors in the implementation of the test, could trigger false high readings. Some external factors can also cause false positives, such as particular medicines you might have been taking. If roadside tests like the walk and turn were used, consider whether the instructions were correct and clear or, alternatively, whether an old injury or a medical condition could have caused you to fail.
3. Look at the chain of custody
Laboratories and police stations sometimes mislabel or otherwise mix up samples. Without a clear chain of custody (a verifiable timeline of the history of a piece of evidence, including who handled it, where it was stored, etc.), the evidence may be excluded. Fighting a DUI charge may not be easy, but neither are the consequences of a guilty plea. Experienced legal guidance can help you decide on the best path forward.]]>On Behalf of Blenk Law, PA<![CDATA[Do you have to go through with a crime to face charges?]]>https://www.criminalattorneypolk.com/?p=473832026-09-21T21:28:12Z2026-09-21T21:28:12ZPeople who plan to commit a crime do not always go through with it. One thing they may wonder is whether refraining from going ahead will leave them free of worries about facing a criminal charge.The reality is that you do not need to actually commit the crime to face charges over it. Here is why.
Conspiracy to commit a crime
While you cannot be charged with, for example, a robbery if the robbery you planned never occurred, you could face another charge if your plan were discovered. That charge would be conspiracy to commit the specific offense. In many states, conspiracy requires that at least one concrete action was taken to forward the undertaking of the criminal act. Examples include:
Securing a weapon or ammunition to be used in the intended crime
Securing a vehicle to be used in the intended crime
Physically scouting the location where the crime would happen
It may not matter who took the action, either. Co-conspirators could be charged if just one of them took that step to further the crime.
Florida does not require this concrete action
Things are stricter in Florida. There is no requirement for anyone to take an action. A conspiracy charge may be brought as long as two things are true:
You intended to commit the crime
You agreed with someone else to commit the crime
Nevertheless, any action taken will help the prosecution to prove the intent existed. Prosecutors might try to use an innocent action to allege that intent existed. For example, they may claim that when you booked a hire van to move some furniture for your parents, you were actually hiring it to use in the crime they alleged you were conspiring to commit.Experienced legal guidance is essential if you find yourself in such a situation. Conspiracy charges -- with or without the commission of the crime -- can lead to long periods of incarceration and more. ]]>On Behalf of Blenk Law, PA<![CDATA[Eyewitness memory is malleable]]>https://www.criminalattorneypolk.com/?p=473812026-09-03T18:15:20Z2026-09-03T18:15:20ZHuman memory does not work like a videotape, where every memory is stored accurately. This is certainly how many people think about it, but the reality is that memory is malleable and can change.
For instance, some researchers state that you can change your memory simply by recalling it. Every time you think about that memory, it may be slightly different than the last time. All of those iterations may be considerably different from what actually occurred.For this reason, someone can be very convinced that they have a specific memory of an event, even though it is much different from what truly happened. That person may be honest about what they think they remember, but it does not mean the memory itself is accurate.
How this affects criminal cases
In the context of criminal law, changing memories are important because they can sometimes lead to wrongful convictions. Many of these wrongful convictions come from inaccurate eyewitness testimony or misidentification.For example, someone may have seen a person at the scene of the crime, but they do not remember what shirt that person was wearing. However, they see news reports about how the police are looking for someone in a blue shirt. The more they think about it, the more they become sure that they actually did see the suspect in the blue shirt. This can alter their memory so that they pick the wrong person out of the lineup.Wrongful convictions do happen, and this is just one of the reasons why. It helps to demonstrate that those facing serious criminal charges need to understand their legal defense options.]]>On Behalf of Blenk Law, PA<![CDATA[Why looking at the chain of custody can be important]]>https://www.criminalattorneypolk.com/?p=473802026-08-25T01:38:53Z2026-08-25T01:38:53ZA chain of custody in criminal law refers to the history of a particular item of evidence. The police should be able to account for every movement a given item makes, from collection through to presentation in court.The reason this is so important is that evidence can carry a lot of weight in a criminal case. A defendant could be wrongly convicted on the strength of evidence if the chain of custody was broken.
How do errors creep into the chain of custody?
Errors over evidence can creep into a case in several ways. In many cases, problems with the chain of evidence come down to nothing more than simple human error. People – including law enforcement officers, forensic examiners and others involved in the case – simply make mistakes.Examples of how errors can occur include:
Improper labeling: Two people’s alcohol test results get mixed up in the lab because the person labeling them got distracted. A sober driver could end up being found guilty of being drunk in such a case.
Improper storage: Not everyone can be allowed access to evidence. If anyone can walk in and access it, it creates an opportunity for people to tamper with that evidence. Another reason proper storage is so crucial is to avoid cross-contamination.
Improper transit: Items of evidence could get lost in transit. A piece of evidence that would have helped clear your name could be lost due to carelessness, weakening your defense.
If you believe there are issues with the chain of custody of evidence being used in your case, then it’s important to learn more about how you can challenge that evidence’s validity.]]>On Behalf of Blenk Law, PA<![CDATA[What if someone is accused of a violent crime they didn’t commit?]]>https://www.criminalattorneypolk.com/?p=473792026-08-11T18:20:43Z2026-08-11T18:20:43ZExamining the evidence behind the accusation
A violent crime is described as a crime where a victim is injured or killed as a result of a criminal action. When someone is accused of a violent crime they did not commit, one of the most important steps is carefully examining the evidence. This may include physical evidence, forensic testing and other evidence that could support or contradict the accusation. Witness statements also deserve careful review because memories can be incomplete or mistaken -- particularly when an event was sudden or stressful.
Wrongful charges can have serious consequences, particularly when they play a role in a criminal conviction. Recent findings from the National Registry of Exonerations show that 72% of exonerations in 2024 involved perjury or false accusations, while 26% involved mistaken witness identification.
Collectively, those exonerated individuals lost 1,980 years of freedom to wrongful imprisonment. These figures reflect cases that ultimately resulted in exonerations and do not show how often false accusations occur overall. Still, they highlight the importance of carefully examining witness statements, identification evidence and other information used to support a criminal case.
For someone facing a violent crime allegation, it is important to avoid discussing the case publicly or attempting to resolve the matter alone. A legal professional experienced in criminal defense can help review the evidence, investigate potential defenses and work to protect the accused person’s rights throughout the legal process.]]>On Behalf of Blenk Law, PA<![CDATA[Can a police officer search your phone?]]>https://www.criminalattorneypolk.com/?p=473772026-07-24T11:13:51Z2026-07-24T11:13:51ZYes, it is very possible that a police officer can search your phone. However, there are specific ways in which they can do so. An illegal search could be a violation of your rights.For instance, if you are arrested by the police and they take your phone, you may have already locked the device. They need your password or your fingerprint to open it. They can ask you for your consent, but they cannot force you to unlock the phone.
What if they do not get your consent?
If you refuse to provide consent, then the next step is often for the police officers to seek a search warrant. A warrant may allow them to open your device, whether or not you agree to it. This is similar to how you will be asked to consent to a home search, for example, but you are not obligated to provide it. Without your consent, the police need a search warrant for your house.
Can they get the data elsewhere?
Yes, the police can sometimes get data from other sources, even if they never unlock your phone.For instance, you may have been using an app on your phone to send messages that the police would like to read as they conduct their investigation. They believe the messages will tie you to criminal activity.If another company owns that app, and you have voluntarily shared your information with them, then the police can sometimes subpoena that company under the third-party doctrine. The company that owns the app could turn over a record of your messages, even if your phone itself remains locked.The way the police address evidence can be complex, especially with digital evidence that is relatively new and constantly evolving. It is important to understand your rights and criminal defense options as you go through this process.
]]>On Behalf of Blenk Law, PA<![CDATA[What defendants may not realize about domestic violence charges]]>https://www.criminalattorneypolk.com/?p=473762026-07-14T00:55:09Z2026-07-14T00:55:09ZEven misdemeanors have permanent consequences
The specific criminal penalties imposed for a domestic violence conviction depend in no small part on the nature of the charge and the history of the defendant. Typically, misdemeanor offenses carry lower criminal penalties and substantially reduced social stigma when compared with felony charges.
However, any type of domestic violence conviction shows up during a criminal background check, which can affect a person's options for housing and employment, as well as education. If they end up involved in a custody dispute, a domestic violence conviction can affect their chances of a fair custody order.
Additionally, even misdemeanor domestic violence convictions trigger federal regulations prohibiting firearm ownership. People may no longer be able to participate in hunting and other sporting activities. They may become ineligible for law enforcement or military careers. They also lose the right to legally carry firearms to defend themselves.
Avoiding a conviction associated with accusations of domestic violence is the only way to protect against the various social and legal penalties of a conviction. An attorney who understands what is at stake can help a defendant accused of domestic violence develop a reasonable defense strategy accordingly.]]>On Behalf of Blenk Law, PA<![CDATA[Do you know how to invoke the right to remain silent correctly?]]>https://www.criminalattorneypolk.com/?p=473742026-07-01T12:03:32Z2026-07-01T12:03:32Z"You have the right to remain silent" is a statement that’s part of the Miranda warning. The police use it when someone is in custody or subject to custodial interrogation.
After reading the Miranda warning, an officer will typically ask, “Do you understand each of these rights as I have explained them to you?" and "Having these rights in mind, do you wish to talk to us now?"This is the point to invoke your right to remain silent. However, you have to do so correctly to stop the police from questioning you. Here is what to know:
You have to state your intention to remain silent
You have to clearly, explicitly and verbally inform the officer that you wish to invoke your right to remain silent. Staying quiet does not invoke your right. You can say:
“I am exercising my right to remain silent.”
“I am invoking my right to remain silent, and I want to speak with an attorney.”
“I will not answer any questions without a lawyer present.”
“I do not want to answer questions.”
“I am choosing to remain silent.”
Do not be vague. Statements, such as “I'm not sure if I should talk,” “Maybe I should get a lawyer,” “I think I need a lawyer” or “I don’t want to answer that now,” are ambiguous. Officers may continue asking questions or resume questioning after some time, and anything you say can be used against you.After invoking your right to remain silent, remain quiet until your lawyer is present. Avoid voluntarily engaging in conversations or explaining yourself. This can be viewed as a waiver of your rights. The right to remain silent is one of the most misunderstood rights. Learn more about the steps to take to legally protect yourself when interacting with the police. ]]>On Behalf of Blenk Law, PA<![CDATA[The difference between assault and battery in Florida]]>https://www.criminalattorneypolk.com/?p=473732026-06-17T22:18:36Z2026-06-17T22:18:36ZAssault involves a credible threat
Under Florida law, an assault is an attempt to put another person in fear for their safety. Assaults may involve verbal or written threats. They may also include physical intimidation intended to convince a person that they are likely to face violence. If another reasonable adult would feel unsafe in the same situation, threatening words or actions could constitute assault.
Battery is the intentional act of causing physical harm to another person. Both assault and battery offenses can be misdemeanors, but the state can also pursue felony charges in cases with aggravating factors.
Prior convictions, the use of a weapon and other unique details about an altercation can influence whether the state pursues misdemeanor or felony charges. Those accused of violent criminal offenses in Florida may need help responding to the allegations in court.
There are numerous defense strategies that can help those accused of assault and battery. Discussing one’s case with an attorney can help defendants accused of violent crimes protect their reputations and minimize the likelihood of a life-altering violent criminal conviction.]]>