Monthly Archives: January 2024
Former WWE Star Sentenced to 17.5 Years Following Fatal Volusia County Crash
A Florida DUI charge can quickly escalate due to a number of potential aggravating factors. While most first offenses for drunk driving are misdemeanors in Florida, it is still possible to face a felony charge if one of these factors is present. For example, if your blood alcohol content is 0.15 percent or higher,… Read More »
Is “ShotSpotter” Technology Considered Valid Evidence in a Florida Criminal Case?
The tech industry has always operated under a “move fast and break things” mentality. This approach can lead to problems when it comes to the use of new technology in law enforcement, however, where the appearance of objectivity can mask serious problems that may affect the rights of people accused of criminal offenses. In… Read More »
Can You Go to Jail for Violating a Civil Injunction?
It is no secret that private corporations exercise an enormous amount of political influence. This influence often extends to the legal system as well. But how far can prosecutors and the courts go in enforcing the demands of private business? And at what point do private citizens face potential criminal liability for acting in… Read More »
Former Jacksonville Jaguars Employee Faces Federal Wire Fraud Charges
Stealing from your employer can mean more than losing your job. You could also face serious criminal charges. Indeed, if you use any means of interstate communication, such as the Internet, to steal from or defraud your employer, federal prosecutors can charge you with wire fraud. This is one of the most commonly prosecuted… Read More »
Must a Florida Jury Determine Every Fact Applicable to a Defendant’s Sentence?
Any person charged with a crime in Florida has the right to a jury trial under the Sixth Amendment to the United States Constitution. In 2013, the U.S. Supreme Court clarified this right meant that “any fact that increases the mandatory minimum” sentence for the alleged crime is an “element that must be submitted… Read More »
Do Victims of Crimes Have the Right to Remain Anonymous?
Florida’s Constitution provides certain rights for victims of crimes. Under Section 16(b) of the state constitution, for example a victim has the “right to be free from intimidation, harassment, and abuse.” At the same time, the person accused of committing the crime has certain rights, such as the right to “confront at trial adverse… Read More »
4 Tampa Income Tax Preparers Sentenced for Filing False Returns
Many federal criminal prosecutions center on allegations of individuals defrauding, or attempting to defraud, the government itself. As you can probably guess, the feds can be quite harsh when it comes to people suspected of cheating the government out of its money. So even though these kinds of offenses are generally classified as white… Read More »
Does the State Have to Prove the Origin of “Synthetic” Marijuana?
One of the cardinal rules of the Florida criminal justice system is that a prosecutor must prove each element of a charged offense “beyond a reasonable doubt.” Put another way, it is not enough for the state to prove the defendant’s actions might have violated the letter of the law. It must be clear… Read More »
When Does “Harassment” Justify an Injunction Against Stalking in Florida?
Under Florida law, the crime of stalking occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person.” In this context, to “harass” someone means to engage in any course of conduct that causes the other person “substantial emotional distress” and that “serves no legitimate purpose.” The target of stalking or… Read More »
How Much Probation Time Can I Receive for a Reckless Driving Charge in Florida?
Many Florida criminal cases, particularly those involving misdemeanors, are resolved through a negotiated plea bargain. In exchange for entering a plea of “guilty” or “no contest,” the State Attorney often agrees to a reduced charge and a sentencing recommendation. Ultimately, the trial judge has the final say in whether to approve the plea bargain…. Read More »
