Monthly Archives: October 2024
Could I Lose My Florida Public Pension If I’m Convicted of a Felony?
If you are a public employee, such as a police officer or school teacher, a criminal conviction can have significant consequences beyond going to jail or losing your job. Depending on the crime, you may also forfeit any pension you earned as a public employee. In fact, such forfeiture is mandated by Florida’s constitution…. Read More »
What Is “Perjury” Under Florida Law?
When you are called to testify in court, or any similar official proceeding, you are typically required to swear an oath (or affirmation) to tell the truth. This is not just for show. Florida has strict laws defining and punishing perjury, and you can face criminal prosecution if you are caught telling a lie…. Read More »
How Do I Appeal a Criminal Conviction in Orlando?
If you are found guilty of committing a crime in Florida, you have the right to file an appeal. It is important to understand, however, the limits of the appellate process. An appeal is not a new trial. Rather, it is a process for reviewing possible legal errors made during your trial. How Does… Read More »
How “Inevitable Discovery” Can Affect an Orlando Manslaughter Case
If the police illegally obtain evidence in a criminal case, you might assume that automatically means that evidence cannot be used at trial. But that is not always true. If the government can prove they would have inevitably discovered the same evidence using legal means, the trial court has the discretion to admit the… Read More »
Is Manslaughter a “Crime of Violence”?
Federal law has long barred many convicted felons from legally owning a firearm. In sentencing a person convicted of being a felon in possession of a firearm, a federal judge must consider whether the defendant has at least two prior convictions for a “crime of violence” on their record. If they do, that increases… Read More »
When Is a Fine Considered “Excessive”?
The Eighth Amendment to the United States prohibits a court from imposing any “excessive fines.” As the United States Court of Appeals for the 11th Circuit explained in a recent decision, United States v. Schwarzbaum, this ban on excessive fines was taken from the Virginia Declaration of Rights of 1776, which in turn got… Read More »
Is Possession of “Virtual” Child Pornography a Crime?
Modern computer graphics software makes it relatively simple for even a novice designer to create realistic-looking images. And with the advent of so-called artificial intelligence models that can automatically generate images based on text prompts, you do not even need to know how to draw to make an image of whatever you can think… Read More »
Criminal Fraud and the “Nature of the Bargain”
White collar crimes, such as wire and mail fraud, are based on a “scheme or artifice to defraud.” Basically, if you use deception to deprive a person of their money or property, that is fraud. This requires the government to prove that the defendant (1) knew they were making false statements or acted with… Read More »
What Is the “Safety Valve” in a Florida Drug Trafficking Case?
Federal law requires judges to impose mandatory minimum sentences for a number of criminal offenses. There is an exception, however, often known as the “safety valve.” The safety valve permits a judge to impose a below-minimum sentence–even over the government’s objections–in certain drug trafficking and unlawful drug possession cases. Not every defendant is entitled… Read More »
