Blenk Law, PAPolk County FL Criminal Defense Attorney | Bartow Family Law2026-09-03T18:15:20Zhttps://www.criminalattorneypolk.com/feed/atom/WordPressOn 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.]]>On Behalf of Blenk Law, PA<![CDATA[When can a first-time DUI be charged as a felony in Florida?]]>https://www.criminalattorneypolk.com/?p=473722026-06-11T02:35:05Z2026-06-11T02:35:05ZFactors that can enhance your charges
You may be charged with a third-degree felony if you were drunk driving and caused a crash that resulted in serious bodily injury to another person. Think of injuries that create a substantial risk of death, permanent disfigurement or extended loss of a body part or organ function.
The same goes when death is involved. If someone or an unborn child died as a result, Florida law elevates the charge to a second-degree felony. It’s also worth noting that your charges may be further enhanced to a first-degree felony if prosecutors can show that you knew or reasonably should have known the crash occurred and chose to flee without helping those involved.
The potential penalties of a felony DUI charge
A felony DUI charge carries consequences that extend far beyond those of a standard misdemeanor case, and you may be looking at years in jail alongside other penalties. For instance, the law mandates a minimum prison term of 4 years if you caused a fatal crash.
Beyond incarceration, a felony conviction can result in long-term license suspension, significant fines, mandatory substance abuse programs and a permanent criminal record that can affect various aspects of your life long after serving your sentence.
Don’t navigate this alone
DUI charges in Florida move fast and hit hard. From the moment of your arrest, prosecutors begin building a case against you, and every detail of your case can influence the charges you ultimately face. Seeking early professional guidance can make a significant difference in how your case unfolds while protecting your rights at every stage.]]>On Behalf of Blenk Law, PA<![CDATA[Tips for encounters with police]]>https://www.criminalattorneypolk.com/?p=473712026-05-28T10:22:39Z2026-05-28T10:22:39ZSeeing the flashing lights of a police vehicle behind you is a stressful situation, even if you know you didn’t do anything wrong. Even if one walks up to you, your heart may start pounding. It’s important to understand how your behavior may shift the tone of an encounter with police.
One of the most important things to remember is that you should try to remain calm and polite. Erratic behavior may lead to a more stressful and tense encounter with the officer. These tips may be beneficial if you ever find yourself in this position.
Avoid quick actions
Quick actions, such as reaching for your pocket or toward the glove box, may be construed as a threat to the police officer. If you’re going to reach for anything or make any movements, announce those to the officer and ensure that they acknowledge what you said.
Remain respectful
You should remain respectful when you’re speaking to the officers. Physical resistance, failing to follow basic commands, insults and threats can all lead to considerable challenges with the police officer.
Listen to the officer
Police officers will sometimes give specific instructions. Ensure you follow those as long as they’re lawful and don’t put you in harm’s way. This is especially important if you’re taking field sobriety tests or if things are already tense or chaotic. Everything that happens in your encounter with the police officer may become part of a criminal case, either for the prosecution or the defense. If you’re arrested, it’s critical to work with someone who can assist with setting up an appropriate defense strategy. Doing this as soon as possible gives you time to consider your options for a defense.
]]>On Behalf of Blenk Law, PA<![CDATA[3 mistakes that can lead to a DUI arrest]]>https://www.criminalattorneypolk.com/?p=473702026-05-17T02:44:52Z2026-05-17T02:41:01Z315,030 people arrested in Florida alone during 2024, according to the FBI Uniform Crime Reporting (UCR).
One of the reasons is that people make mistakes. They don’t start the day intending to drive over the limit, but that is what happens. Here are some examples of why this happens.
1. Putting too much faith in a personal breath tester
If you have purchased a personal breath testing machine, it is essential to understand that you should never rely on it. A lack of calibration or the machine simply not being able to provide a high enough degree of accuracy can lead to people believing they are under the limit when they are not.
2. Misunderstanding how the body processes alcohol
Alcohol takes a little time to work itself into the body. You might feel fine before you get in the car, only for the effects to impact your driving some minutes later. Similarly, taking a test right after finishing the last drink may give a lower result than a test taken some time later, once that alcohol has reached your bloodstream.
Further, the body can only process alcohol out at a certain rate. Many people underestimate just how long they may need to refrain from drinking before their blood alcohol concentration (BAC) is low enough to be safe.
3. Giving in to pressure
“You’ll be fine. It’s not far.” Plenty of people have heard such words from friends or family pressuring them to drive when they have doubts about their sobriety. They might even have this conversation with themselves, such as when it has started to rain, and their idea of leaving the car and walking home has become less appealing or when their relaxing night in with a bottle of wine is interrupted by an emergency.
If you have made a mistake and been arrested for DUI, you may still have options. With appropriate legal guidance, you can determine the best course of action.]]>