Recent Blog Posts
Can You Conspire to Commit Maritime Drug Trafficking from Land?
Conspiracy is one of the broadest–and yet hardest-to-define–criminal charges. Basically, a criminal conspiracy is any form of agreement between at least two people to commit some other crime, such as murder or drug trafficking. Once a conspiracy is established, all of the alleged co-conspirators can be charged, even if they did not directly participate… Read More »
Do All Members of a Drug Conspiracy Need to Be Sentenced the Same?
It is fairly common for state and federal prosecutors in Florida to charge multiple individuals with conspiracy to distribute illegal drugs. A conspiracy charge allows you to hold each individual co-conspirator criminally responsible without necessarily having to show what each participant did to advance the underlying crime. At the same time, sentencing judges retain… Read More »
How Does the “Safety Valve” in Drug Conspiracy Prosecutions Work?
Federal drug laws impose harsh mandatory minimum sentences for persons convicted of drug conspiracy, drug trafficking, and related crimes. One way that a defendant can obtain a more lenient sentence is through the so-called safety valve provision of federal law. The safety valve allows a trial court to impose a below-minimum sentence if the… Read More »
Frequently Asked Questions About Domestic Battery in Florida
Domestic violence broadly refers to any criminal offense involving physical injury to a family or household member. In Florida, battery is perhaps the most common type of domestic violence crime charged. Here are some questions we often get about domestic battery and the potential consequences of a conviction for such a crime. Who Is… Read More »
Florida Men Convicted of “Maritime Theft” Over Decision to Free Sharks
It is quite extraordinary for a federal judge to openly criticize the government’s decision to prosecute a defendant, especially in a decision upholding that defendant’s conviction. Yet that is what recently happened in the United States Court of Appeals for the 11th Circuit, where a three-judge panel affirmed the convictions of two men charged… Read More »
When Are “Co-Conspirator” Statements Admissible in a Florida Criminal Trial?
In federal criminal trials, parties typically cannot introduce hearsay as evidence. A hearsay statement is one that is made out-of-court and offered to prove the truth of the matter asserted. “Phil told me that he saw Pam robbing the store” is an example of inadmissible hearsay. Phil could testify as to what he saw,… Read More »
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 »
