Recent Blog Posts
Identity Theft Carries Serious Penalties in Florida
If you use someone else’s personal identifying information to commit another crime, such as wire or mail fraud, federal prosecutors can charge you with aggravated identity theft. This is one of the more serious white collar crimes you can be charged with under federal law. In addition to any sentence imposed for the underlying… Read More »
Can the Government Use a “Substitute” Expert Witness?
The Constitution guarantees every criminal defendant the right to “confront” the witnesses against him at trial. In simple terms, this means the defendant–or more commonly, their attorney–can cross-examine the prosecution’s witnesses. Put another way, the prosecution cannot use the testimony of people who are not in the courtroom to convict the defendant. There is… Read More »
New Florida Laws Alter Penalties for Car Racing, Driving Without a License
Every July 1, a number of new Florida state laws take effect, reflecting bills enacted into law during the last session of the state legislature. Among this year’s new laws are several amendments governing the penalties for driving without a valid driver’s license, as well as participating in illegal car racing. Here is a… Read More »
Supreme Court Affirms Right to Jury Trial in SEC Civil Penalty Proceedings
If someone accuses you of stealing money from them, there are a couple of ways the situation could play out. The accuser could file a civil lawsuit against you, seeking damages for the money you owe them. Alternatively, a Florida prosecutor could charge you with a criminal offense, such as theft by conversion. In… Read More »
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 »
