Not everyone who is accused of a crime is the stereotypical "hardened criminal type." Anyone is capable of breaking the law, including those charged with upholding it; and when they are so accused, they can face the same potentially severe penalties as the average...
When Your Life Is On The Line
Criminal Defense
Florida Senate considers “stand your ground” changes
In July of this year the Florida Supreme Court held that anyone seeking to use the "stand your ground" defense in this state -- which allows for the use of deadly force without a duty to retreat in cases where those using the defense claim that it was necessary to use...
U.S. Supreme Court declines to hear FL cellphone warrant case
We have posted on the topic of whether and how the government can use cell phone location information as a means of tracking your location, most recently in connection with the use by law enforcement of "Stingray" devices. Now in its refusal to hear an appeal of a...
Can your pre-arrest silence be held against you?
"You have the right to remain silent." This begins the recitation by police of the various "Miranda rights" that they must give to a person they are placing under arrest. But what about when the silence of the suspect was being exercised before being informed of his...
Plea negotiations to avoid mandatory minimum sentences
Judges are supposed to have the discretion to impose penalties after a criminal conviction that is appropriate given the circumstances of the defendant and the facts of the case. Mandatory minimum sentencing requirements for some criminal charges in Florida remove...
What you post on the Internet could have long-term consequences
Changes and additions to the criminal laws in Florida that are designed for the protection of victims of domestic violence and for the prevention of harassment over the Internet may have long-term consequences if you are charged with violating them. The laws restrict...
Federal guidelines established for “Stingray” devices
The smartphone has become a ubiquitous part of American life, to the extent that you may wonder how you ever got by without one. And increasingly, law enforcement is wondering the same thing – but for a different reason.You may already know that your smartphone can be...
Electronic data as evidence
When mounting a criminal defense, keeping out evidence that could turn the jury against the defendant is critical. But the prosecution will use every legal precedent to get that evidence before the jurors. Evidence that has been obtained without a warrant is usually a...
What is Florida’s “Stand Your Ground” law?
Every state has different laws regarding self-defense. Sections 776.012 and 776.013 of the Florida Statutes provide residents of the Sunshine State the right to use deadly force to defend their own lives. These particular laws are often colloquially called the “Stand...
What are some ways a juvenile can be tried as an adult?
This post will examine in general terms how under Florida law a juvenile charged with the commission of a crime can be tried as an adult. You may be aware of the recent news story about a 16-year-old criminal suspect who might ordinarily be subject to the system of...
