Monthly Archives: June 2024
Can the State Appeal Your Sentence in a Criminal Case?
The United States Constitution’s prohibition against double jeopardy means the state cannot try you twice for the same offense. This also means that the state cannot appeal an acquittal. If the jury finds you “not guilty,” you are free. The government has no right to appeal. If you are convicted, however, the state can… Read More »
Does Using a Flashlight Violate the Fourth Amendment?
At a basic level, the Fourth Amendment to the United States Constitution protects your home from unlawful searches by the police. With some exceptions, an unlawful search occurs when you do not consent to the search or the police fail to obtain a warrant based on a finding of probable cause. One limited exception… Read More »
When Can You Argue Self-Defense to a Florida Jury?
Not all use of deadly force is a crime under Florida law. For instance, a person charged with murder or manslaughter may argue, as an affirmative defense, that their use of deadly force was “necessary to prevent imminent death or great bodily harm” to themselves or another person. Additionally, the use of force is… Read More »
How Misrepresenting Your Medical Status Can Lead to Mail Fraud Charges
Many white collar crimes, such as mail fraud, center on allegations that the defendant made false statements in connection with applying for government benefits. For example, say a person applies for disability. This requires them to provide evidence they suffer from a medical condition that prevents them from engaging in any meaningful work. If… Read More »
Is Medicaid Fraud the Same as Grand Theft in Florida?
Although it is common for Florida prosecutors to bring multiple criminal charges arising from the same act or event, the Constitution’s prohibition against double jeopardy imposes certain restraints. Notably, if the state charges two separate offenses, one crime must require proof of an element that the other does not. Put differently, a person cannot… Read More »
What Happens When Florida Prosecutors Violate Discovery Rules in Juvenile Proceedings?
In any criminal case, Florida law imposes certain discovery obligations on the state. Discovery is the pretrial process where both parties exchange certain information. Notably, prosecutors are required to disclose the names and addresses of any witnesses who may have information that is relevant to the case. If the defense believes that the state… Read More »
Florida Man Sentenced to 20 Years in Prison After Committing Murder While on Probation
One of the ironclad conditions of probation is that you cannot commit another criminal offense while still serving probation for a prior conviction. This includes crimes committed under another jurisdiction. For example, if you are on probation for a federal crime and commit a new offense under Florida state law, the federal court can… Read More »
Why Does Florida Still Have Six-Member Criminal Juries?
Dating back to 1215, when English barons imposed the Magna Carta on King John, it has been widely accepted under the common law that a person accused of a felony or other serious crime has the right to a trial by jury. The United States, which inherited the English common law system, continued that… Read More »
