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...
When Your Life Is On The Line
Criminal Defense
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...
Appealing a criminal conviction in the state of Florida
If you have been accused of a crime in Florida, your first line of defense – if the matter goes to trial, and you have pleaded not guilty – is to contest the charges in court. If you and your attorney are successful in establishing at least a reasonable doubt as to...
Better late than never? DNA may reverse criminal conviction
Over the years, as scientific advances have made DNA evidence more prevalent in determining guilt and innocence, cases that were decided years ago without its use may be subject to reexamination. One of those cases involves a man convicted of three murders, which...
Defense attorneys for Curtis Reeves to investigate theater related to murder charge
Given their potentially severe and long-lasting consequences, felony charges require the most painstaking and vigorous defense possible on behalf of the accused. In this respect, what you may observe in a courtroom defense, its arguments, exhibits, cross-examinations...
What is a terroristic threat?
Living in a post 9/11 world, with the increased media attention that groups like al_Qaida and ISIS have received over the past decade, certain terms of expression have become part of our collective vocabulary. It may be said that the word that has gained the most...
