Category Archives: Criminal
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 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 »
Can a Criminal Conviction in Florida Bar Me From Licensed Occupations?
An often overlooked consequence of a criminal conviction is the potential impact on your job or occupation. Obviously, if you are an “at-will” employee working for a private employer, you can be fired at any time with or without cause. And since a criminal conviction is a matter of public record, it is not… Read More »
What Are the Criminal Penalties for Using Someone Else’s Identification?
Using a fake ID is often associated with teenagers looking to drink. Of course, it is against the law. And you can be charged with a third-degree felony in Florida if you get caught. Even worse is using someone else’s identification to commit fraud. Depending on the circumstances, this can bring the full weight… Read More »
Can a Public Defender Represent You in a Civil Matter?
The standard Miranda warning that police give includes advising criminal suspects that they have the right to an attorney during questioning, and “If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish.” Indeed, anyone facing possible jail time for a crime in Florida has the right… Read More »
Is It Illegal for the Healthcare Provider to Pay for Referrals in Florida?
Many white collar crimes in Florida center on the healthcare industry. For example, Section 817.505 of the Florida Statutes makes it unlawful for anyone, including a healthcare provider or facility, to pay any sort of “benefit, bonus, rebate, kickback, or bribe” in exchange for a patient referral. A violation of this section is a… Read More »
Must a Florida Jury Determine Every Fact Applicable to a Defendant’s Sentence?
Any person charged with a crime in Florida has the right to a jury trial under the Sixth Amendment to the United States Constitution. In 2013, the U.S. Supreme Court clarified this right meant that “any fact that increases the mandatory minimum” sentence for the alleged crime is an “element that must be submitted… Read More »
Do Victims of Crimes Have the Right to Remain Anonymous?
Florida’s Constitution provides certain rights for victims of crimes. Under Section 16(b) of the state constitution, for example a victim has the “right to be free from intimidation, harassment, and abuse.” At the same time, the person accused of committing the crime has certain rights, such as the right to “confront at trial adverse… Read More »
