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This blog is maintained by The Law Office of Eric Roper, P.A., and is devoted to current legal issues in the fields of criminal defense, military law, and maritime transportation.-
Recent Posts
- Drug sniffing dogs and the Fourth Amendment
- Gideon v. Wainwright and the Right to Counsel
- Miranda warnings vs. Article 31(b), UCMJ rights: What’s the difference?
- Florida 1st District Court of Appeals reverses conviction and sentence for felony drug trafficking
- When is a false statement “official” under the Uniform Code of Military Justice?
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Author Archives: Eric Roper
Urine Matters: Military drug testing and when its too late for a “take back”
Consider the following hypothetical case. You are home watching TV when you hear a knock at the front door. Answering the door, you find a uniformed police officer who asks if he may come inside and take a look around … Continue reading
The Right to Refuse Non-Judicial Punishment under the U.C.M.J.
Article 15 of the Uniform Code of Military Justice (UCMJ) provides the authority for a Commanding Officer to impose non-judicial punishment (NJP). Subject to some limitations, individuals facing NJP have the right to refuse NJP and to consult with a … Continue reading
Warrantless Searches, Drug Dogs, and Private Residences
The Florida Supreme Court, in a 5-2 opinion, recently ruled that a warrantless “sniff test” by a drug detection dog at the front door of a private residence was an unreasonable search under the Fourth Amendment. In 2006, police received … Continue reading
Miranda and Custodial Interrogations
Should a criminal defense lawyer file a motion to suppress incriminating statements recorded by police when the defendants were being held in the back of a patrol car? That is the question raised by the recent arrest of two University … Continue reading
Military Consequences of Civil or Criminal State Court Actions: What You Don’t Know Can Hurt You
If you are in the military and find yourself in state court, either as a party to a civil case such as a divorce or as a defendant in a criminal case, your lawyer should know what effect the state … Continue reading
The Case of Ernesto Miranda
As a criminal defense lawyer, I often get questions about when the police are required to read a suspect their “Miranda” rights and what it means for their case if they don’t read them those rights. If you have tuned … Continue reading
Posted in Criminal Defense
2 Comments
Divorce in the Military
Search the phrase “military divorce” and the old Google-machine will spit back over 3 million hits. Despite an increased focus by the military on providing marital and family support services, including counseling, child care, and stress management courses, about 3.5% … Continue reading
FMC Lifts Tariff Publication Requirements for US-licensed NVOCCs
The Federal Maritime Commission (FMC) voted 3-1 last week to approve a final rule which will relieve US-based licensed Non-Vessel Operating Common Carriers (NVOCCs) from the requirement to publish a tariff containing all of its rates charged for cargo shipments. … Continue reading
Sealing or Expunging a Criminal History Record in Florida
If you have been arrested for or convicted of a criminal offense in Florida, a criminal defense lawyer may be able to assist you in having your record sealed or expunged. Florida law specifies the criteria that must be met … Continue reading
Posted in Criminal Defense
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Repeal of DADT: What it means for discharged servicemembers?
In 1996, one of my first cases as a military defense lawyer was representing a young sailor who was being processed for a discharge from the Navy because of her sexual orientation. My client was being separated under a three-year … Continue reading