Category Archives: Burglary Trespassing
Can You Be Charged With Burglary Without Stealing Anything?
When most people think of burglary, they imagine a thief breaking into a home or business to steal valuables. However, under Florida law, burglary is not limited to theft. You can be charged with burglary even if nothing is stolen, provided certain legal elements are met. The key factor in burglary charges is the… Read More »
How DNA Evidence Can Affect Your Rights Under Florida’s Criminal Statute of Limitations
The prosecution of many criminal offenses in Florida is subject to a statute of limitations. This refers to the time period the state has to formally charge the accused. It does not mean the state has to actually try the accused within the limitations period, although that is subject to separate constitutional protections for… 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 »
Defending Against Criminal Trespass Allegations In Florida
Criminal trespass in Florida is a crime in which an innocent mistake or misunderstanding can lead to criminal charges and legal headaches. Under Section 810.08 of the Florida Statutes, trespass occurs when someone who is not “authorized, licensed or invited” willfully enters or remains upon a “structure or conveyance”, or does not leave when… Read More »