A 36-year-old man sentenced to life in prison without parole when he was 15, and a 20-year-old man sentenced to 70 years in prison when he was 14 are but two of potentially hundreds of Florida inmates serving sentences that were imposed when they were juveniles who...
When Your Life Is On The Line
Criminal Defense
How does Florida define “white collar crime?”
Crimes can be loosely categorized as being of two types: violent and nonviolent. Those in the latter category, which often consist of a variety of ways of depriving others of money or property, include the kinds of crimes colloquially known as "white collar" crimes....
The Florida “fish case” and “over-criminalization”
Sometimes the U.S. Supreme Court addresses questions of law that are of monumental significance on their face, such as when a criminal suspect must be informed of his or her legal rights upon arrest. On other occasions, however, the importance of a Court decision is...
Hit-and-run convictions require proof of knowledge by driver
The Florida Supreme Court has ruled that drivers who get into an accident but who do not realize it cannot be convicted of leaving the scene of a crash.The case arose out of an accident that happened in Boca Raton in 2007, when a skateboarder accidentally fell into a...
Florida Supreme Court hears arguments over definition of sex
Can an act of consensual sex constitute a felony under Florida law? That is the question that the Florida Supreme Court considered recently in a case involving two men who engaged in sex, one of whom was HIV-positive and failed to warn his partner in advance of his...
Domestic violence is defined broadly under Florida law
Charges of domestic violence are extremely serious and can lead to severe consequences both within the criminal justice system and collaterally. The criminal consequences of a domestic violence charge can include arrest, jail time, fines and community service. The...
Florida felons with guns can use the “stand your ground” defense
The Florida Supreme Court has recently, by remanding a case to the state's 4th District Court of Appeal, resolved the question of whether a convicted felon can use a firearm to defend himself and then use the Florida "stand your ground" law as a legal defense.Whether...
Threshold too arbitrary to decide mental ability to commit murder
Even though someone may commit a crime without knowing that the action they are taking is illegal, in most cases ignorance is no defense in criminal prosecutions. But the intent to commit a crime is nonetheless always taken into consideration in the decision whether...
Invalid traffic stop may allow evidence of other criminal charge
Most would consider a traffic stop to be a relatively minor criminal offense. In many cases, you will go to traffic court which is a simpler procedure than the usual circuit court proceeding.Problems arise when, in the course of a routine traffic stop, law...
Criminal defense challenges judge’s sentencing discretion
The reassignment of a judge at the courthouse in Hillsborough County illustrates how the work of a criminal defense attorney may continue long after the conclusion of a criminal trial and the imposition of penalties at sentencing. A Florida appellate court cited the...
