Florida’s Stand Your Ground law gives criminal defendants immunity against prosecution if they meet the following three elements: the use of deadly force was (i) reasonable because deadly force was necessary to prevent imminent death or great bodily harm to the defendant or to prevent the commission of a forcible…
In what is described as an emerging trend by the Tampa Bay Times, lawmakers are starting to either repeal mandatory minimum sentences or pass “safety valve” laws. The latter provides judges with more discretion in imposing a variety of punishments in minor drug cases, if certain conditions are met. These…
As workplaces adopt paperless record retention policies, electronic records are increasingly becoming the norm. These files are held on computer networks, and often only a few trusted employees have access to these records. These employees help companies ensure that their records are maintained in compliance with laws, rules, regulations, or…
If you have a criminal record with one or more convictions, it can hinder your career prospects, financial opportunities, and even ability to qualify for certain loans. Florida criminal law allows individuals, under certain circumstances, to have their criminal record sealed. A Florida court issued a decision, showing that both…
In a recent Tampa gun crime case, a woman and her son met who they thought were potential buyers of their vehicle in a Tampa-area parking lot. The plan was to meet in person and negotiate the car transaction with the two prospective buyers, two teenagers. When everyone arrived at…
The punishments for Florida drug crimes are often harsh. The legislature has not only criminalized the possession of illegal drugs but also has criminalized a plan, or conspiracy, to sell illegal drugs. As shown in a recent Tampa drug crime case, law enforcement attempted to convict a defendant for conspiracy…
In criminal trials, the jury is asked to determine the guilt or innocence of the defendant. Jury instructions help the jurors make their decision within the framework of existing laws, and the criminal defendant is entitled to have the jury instructed in his or her theory of defense, assuming there…
The Fourth Amendment of the U.S. Constitution grants protections against illegal searches and seizures by law enforcement. When an alleged Fourth Amendment violation occurs, the criminal defendant can file a motion to suppress. If the court grants the motion to suppress, the evidence seized in the course of the illegal…
The U.S. Supreme Court in Miller v. Alabama held that the Eighth Amendment of the United States Constitution prohibits sentencing guidelines that require life imprisonment without parole for juvenile offenders. In response, the Florida legislature passed a new set of guidelines for sentencing people convicted of Florida juvenile crimes. The…
Prosecutors are tasked with proving a defendant’s criminal intent for certain crimes. Often, Florida violent crimes with an intent component also carry a harsher sentence. For instance, aggravated battery requires proof of a specific intent to cause great bodily harm, whereas felony battery does not. In a recent Florida appeals…