Monthly Archives: November 2023
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 »
