Monthly Archives: November 2024
Does Suspicion of DUI Create an “Exigent Circumstance” in Florida?
There are certain emergency situations where a police officer may conduct a warrantless search in connection with a criminal investigation. A common example of such “exigent circumstances” is where police believe that a suspect is about to destroy potential evidence–e.g., flushing drugs down the toilet–so an immediate entry is justified even if the officers… Read More »
Can Florida Police Officers Seize Possible Evidence in “Plain View”?
Even when the police lawfully stop and detain you, officers usually still need a warrant to search your personal effects without your consent. There is an exception, however, for anything that is considered in “plain view” of the officer. This exception has three requirements: The officer must be in a place where they have… Read More »
Can You Conspire to Commit Maritime Drug Trafficking from Land?
Conspiracy is one of the broadest–and yet hardest-to-define–criminal charges. Basically, a criminal conspiracy is any form of agreement between at least two people to commit some other crime, such as murder or drug trafficking. Once a conspiracy is established, all of the alleged co-conspirators can be charged, even if they did not directly participate… Read More »
Do All Members of a Drug Conspiracy Need to Be Sentenced the Same?
It is fairly common for state and federal prosecutors in Florida to charge multiple individuals with conspiracy to distribute illegal drugs. A conspiracy charge allows you to hold each individual co-conspirator criminally responsible without necessarily having to show what each participant did to advance the underlying crime. At the same time, sentencing judges retain… Read More »
How Does the “Safety Valve” in Drug Conspiracy Prosecutions Work?
Federal drug laws impose harsh mandatory minimum sentences for persons convicted of drug conspiracy, drug trafficking, and related crimes. One way that a defendant can obtain a more lenient sentence is through the so-called safety valve provision of federal law. The safety valve allows a trial court to impose a below-minimum sentence if the… Read More »
Frequently Asked Questions About Domestic Battery in Florida
Domestic violence broadly refers to any criminal offense involving physical injury to a family or household member. In Florida, battery is perhaps the most common type of domestic violence crime charged. Here are some questions we often get about domestic battery and the potential consequences of a conviction for such a crime. Who Is… Read More »
Florida Men Convicted of “Maritime Theft” Over Decision to Free Sharks
It is quite extraordinary for a federal judge to openly criticize the government’s decision to prosecute a defendant, especially in a decision upholding that defendant’s conviction. Yet that is what recently happened in the United States Court of Appeals for the 11th Circuit, where a three-judge panel affirmed the convictions of two men charged… Read More »
When Are “Co-Conspirator” Statements Admissible in a Florida Criminal Trial?
In federal criminal trials, parties typically cannot introduce hearsay as evidence. A hearsay statement is one that is made out-of-court and offered to prove the truth of the matter asserted. “Phil told me that he saw Pam robbing the store” is an example of inadmissible hearsay. Phil could testify as to what he saw,… Read More »
