Arrest & Your Rights

Florida DUI, criminal defense, and personal injury, explained by a forensic lawyer-scientist and former public defender. Celebrity cases, courtroom strategy, and the science behind the evidence, in plain English.

Rory Safir

Every post here is written by Rory Safir, one of a handful of ACS-CHAL Forensic Lawyer-Scientists in Florida and a former Assistant Public Defender in Tampa.

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Arrested for Resisting Over Window Tint. The State Never Filed the Charge.

A late-night stop for windshield tint, an arrest for resisting an officer without violence minutes later, and up to a year in jail on the line. Before the State decided whether to file, a letter to the prosecutor about the one thing that charge needs: a lawful stop. The State...

Can Florida Police Stop You Just for Carrying a Gun? A Federal Appeals Court Said No

Two Miami-Dade detectives stopped a man at gunpoint because he had a pistol in his hoodie. The Eleventh Circuit vacated his conviction: in Florida a concealed gun alone is not reasonable suspicion. What the ruling means if you carry....

Florida Took the Word ‘Lawful’ Out of Resisting With Violence: What the Officer Jason Raynor Act Changed

One act signed June 16, 2026 removed the word lawful from three Florida statutes, defined good faith to include an arrest later found unlawful, and repealed the rule that an officer may not use force in a knowingly unlawful arrest. Resisting without violence was left alone....

When Police Ask Google for Your Account: What a Subpoena Gets, Under Federal and Florida Law

A subpoena with no judge involved reaches your name, your session times and the card you paid with. A warrant is only needed for contents. And for records, the government does not have to tell you at all....

Know Your Rights During Police Encounters in Florida

This article first appeared in The Paraclete, the magazine of the St. Petersburg Bar Association, March/April 2026 edition, pages 40 and 41. Republished here by the author, with citation to the original....

Know Your Rights During an ICE Encounter

This article first appeared in The Paraclete, the magazine of the St. Petersburg Bar Association, May/June 2026 edition, pages 16 and 17. Republished here by the author, with citation to the original....

The First Night After an Arrest: Three Things I Tell Every Worried Family

The first night is the worst part. I tell people that up front because it's true. If you're reading this a few hours after an arrest, or while someone you love waits in a county jail to see a judge, the fear and the racing thoughts you're feeling right now...

Nobody Read Me My Rights: Why That Doesn’t End Your Case (and What Does Matter)

Somewhere between the handcuffs and the holding cell, you noticed something missing. Nobody read you your rights. No card, no speech, nothing like the movies promised. And by now a friend, a cousin, or a stranger in an online forum has told you the magic words: the case gets thrown...

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Dismissed, Sumter County: a grand theft charge dropped after the defense proved mistaken identity, built a complete alibi, and identified the real suspect.

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