The right to an attorney is a crucial part of the American criminal justice system. The U.S. Supreme Court, in the groundbreaking Miranda case, made clear that criminal suspects have the right not to talk to cops without a lawyer by their side. As Florida’s Fourth District Court of Appeal…
Search and seizure issues often come up in Florida drug crime cases. Generally, police are required to get a warrant from a judge in order to search a person’s home, car, or even cell phone records. In many cases, however, courts have said the warrant requirement may not be feasible.…
Federal and state laws substantially limit the circumstances in which police officers can search you or your stuff without a warrant. Those limits often come into play in Florida drug crime cases, in which debates over how the drugs in question were uncovered by the police can make or break…
Witness testimony can make or break a criminal case, whether it’s jay walking or manslaughter. In a recent case out of Florida’s Second District Court of Appeal, the court looked at a supposed jailhouse confession that seemed to exonerate a man who had already been convicted of murder.The defendant was…
Conspiracy is a common charge in Florida drug cases that generally refers to an agreement between two or more people to commit a crime. Many conspiracy cases succeed or fail based on whether prosecutors can actually prove such an agreement. As Florida’s Second District Court of Appeal recently explained, however,…
If you are convicted of a Florida theft crime, the sentencing stage can have a huge impact on not only your future but also your family’s future. Probation and alternative sentences are often available in criminal cases. Even if you’re looking at prison time, it’s important to make the strongest…
Florida law is often strict when it comes to doling out punishments for crimes, even when the person charged is a juvenile. Although the U.S. Supreme Court has established some limits on harsh sentencing for people under the age of 18, states still have a lot of leeway to put…
The term “gun possession” may seem like a pretty straightforward one. Florida’s Second District Court of Appeal recently explained, however, that there are many ways in which a person may be considered to “possess” a firearm. Even if the person isn’t actually holding the gun, he or she may be…
One of the most important things that anyone charged with a Florida theft crime should know is that the burden is at all times on prosecutors to prove beyond a reasonable doubt that you committed the crime. That means they have to prove more than just a hunch, and they…
State and federal criminal laws often overlap and intertwine, particularly when it comes to drugs and guns. Law enforcement of every stripe takes these cases very seriously, but federal laws tend to be significantly harsher. In a recent Central Florida gun crime case, a federal district court upheld the U.S. government’s…