Recent Blog Posts
How Threatening to Ruin Someone’s Career Can Lead to Felony Charges in Florida
Some people think that a white collar criminal charge does not carry the same weight as an accusation involving a violent offense. But that is not how criminal law works in Florida. Indeed, many non-violent offenses carry the potential for long prison sentences. For example, extortion is a felony of the second degree in… Read More »
The Child Hearsay Rule in Florida
As a general rule, hearsay evidence is not admissible in a Florida criminal trial. Hearsay is basically second-hand information. For example, a person is allowed to testify as to what they personally observed or witnessed. But they usually cannot testify as to what someone else told them happened. Here is a simple example. A… Read More »
Is Attempted Robbery a “Crime of Violence” in Florida?
If you have a prior criminal record in Florida, that can lead to harsher penalties if you are convicted of a subsequent offense. For example, the sentencing guidelines used by federal courts classify a defendant as a “career offender” subject to a higher base sentencing level if they are convicted of a “crime of… Read More »
Can Florida Police Arrest Me Without a Warrant on Misdemeanor DUI Charges?
In general, a police officer in Florida cannot arrest a person for a misdemeanor offense without first obtaining a warrant. There is an exception for misdemeanors committed in the presence of an officer. An officer attending the scene of a “traffic crash” may also make a warrantless arrest if, based on their investigation, they… Read More »
Understanding Florida’s New Capital Sentencing Rules
Florida is one of 27 U.S. states that continue to impose capital punishment–i.e., the death penalty–for certain crimes. Until recently, a jury in a capital case had to be unanimous in recommending a death sentence. But the Florida legislature recently amended that rule, which has led to confusion over what standard applies to pending… Read More »
Can the Police Arrest You in Your Home Without a Warrant?
In Florida, the police usually need to obtain a warrant before arresting a person in their own home. In misdemeanor cases, the police also cannot use a “hot pursuit” to justify a warrantless home entry. That is to say, the police cannot follow you into your home and arrest you for a non-violent misdemeanor… Read More »
Could I Go to Prison for Lying When Purchasing a Firearm?
You may have a constitutional right to keep and carry a firearm. But this right is not without restriction or regulation. And in some cases, you can get into serious trouble if you make a false statement in connection with the purchase of a weapon in Florida. The Dangers of Lying on Form 4473… Read More »
How Do Juror Challenges Work in Florida Criminal Cases?
Every person charged with a crime in Florida has the right to a jury trial. This right is always at the defendant’s discretion. If you are facing a criminal charge, you can elect to have the judge decide your guilt or innocence without a jury. But the prosecution cannot force you to do so…. Read More »
How Threatening a Witness Can Land You in Serious Trouble in Florida
If you are facing criminal charges in Florida, one of the worst things you can do is attempt to intimidate or threaten a potential witness in your case. Witness tampering is itself a serious felony under both federal and Florida state law. And even if you are not the direct target of a criminal… Read More »
How Fleeing the Scene of a Traffic Accident Can Get You 30 Years in Prison
Some people panic when they are involved in a traffic accident and flee the scene. Oftentimes, the driver fears they may be cited by the police for an infraction such as DUI or driving with a suspended license. Or perhaps they did not realize someone might have been seriously injured in the collision and… Read More »
