Monthly Archives: April 2024
Could Expunging Your DUI Arrest Prevent You From Filing a Civil Rights Lawsuit?
A drunk driving arrest carries a social stigma even when the suspect is never formally charged or convicted. So if you have been falsely accused of DUI, you should know that it is possible to have the records of your arrest destroyed. Florida’s expungement law permits an individual to ask a court to order… Read More »
Do COVID-Related Delays in Arresting a Defendant Violate Speedy Trial Rights?
The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to a “speedy trial.” The difficulty is that the Sixth Amendment itself never defines “speedy.” Over the years, Congress and the federal courts have developed certain laws and tests to help define the right to a speedy trial more precisely…. Read More »
How “Failure to Notify a Common Carrier” Can Lead to 8 Years in Federal Prison
There are some items you cannot legally ship through the mail or other common carrier. For example, federal law forbids anyone except for a licensed importer, manufacturer, or dealer to ship firearms internationally. In other words, if you mail a handgun from the United States to a foreign country–and you do not have a… Read More »
When Is “Character Evidence” Admissible in a Florida Criminal Case?
A criminal trial is about whether or not the accused committed the crime alleged by the government. It is not a forum for deciding whether or not the defendant is a bad person. For that reason, Florida law generally prohibits prosecutors from introducing “[e]vidence of a person’s character or trait of character” to prove… Read More »
How Federal Mail Fraud Charges Work in Florida
Many white collar crimes involve mail fraud, which basically refers to the use of the Postal Service to carry out any kind of fraudulent scheme or activity. For example, if you mail an application for government benefits that contains false or misleading information, that is considered mail fraud. Similarly, if you use the mail… Read More »
Can a Court Consider Lawful Gun Possession in Criminal Sentencing?
In general, it is legal for an individual to possess and carry a firearm in Florida. Obviously, if someone uses a firearm in connection with a crime, that is illegal and may be taken into account when imposing a sentence. But can a court consider lawful firearms possession in connection with sentencing for an… Read More »
Can a Police Officer Lie and Still Obtain a Valid Search Warrant?
Police officers must obtain a warrant before conducting a search of a criminal suspect’s property without their consent. (And if you are the suspect, you should never give such consent.) Obtaining a warrant generally requires the officer to sign a sworn affidavit detailing the specific facts that support “probable cause.” In other words, the… Read More »
Can You Be Punished Multiple Times for the Same Criminal Act?
The United States and Florida constitutions both prohibit “double jeopardy.” You probably know this means a person cannot be tried for the same crime after they have already been acquitted by a jury. But it also means that a person cannot be punished twice for the same offense if convicted. Of course, it is… Read More »
