Category Archives: Criminal
Attempted Crimes: How Florida Law Treats Failed Offenses
An offense does not have to be fully carried out for it to result in serious legal consequences. Florida law recognizes the concept of criminal attempt, which allows authorities to prosecute individuals who take significant steps toward committing a crime, even if they do not succeed. Understanding the legal framework for attempted crimes, including… Read More »
Entrapment vs. Sting Operations
In the realm of criminal law, law enforcement employs various strategies to investigate and prevent criminal activity. Two of the most commonly discussed tactics are sting operations and the controversial defense of entrapment. While these terms are often used interchangeably by the public, they hold distinct legal meanings with significant implications for criminal cases…. Read More »
Conspiracy in Organized Crime Investigations: How the Law Targets Criminal Enterprises
Conspiracy charges play a pivotal role in the prosecution of organized crime, allowing law enforcement to dismantle criminal enterprises by holding individuals accountable for collective actions. Whether in the context of drug trafficking, racketeering, or white-collar crimes, conspiracy laws are a powerful tool for prosecutors. Consult an Orlando conspiracy lawyer to discover how conspiracy… Read More »
Expungement and Immigration: Implications for Non-Citizens in Florida
The intersection of criminal and immigration law is a complex and often challenging area, especially for non-citizens facing criminal charges or convictions. In Florida, expungement offers a legal mechanism to clear or seal a criminal record, which can have significant implications for non-citizens. While expungement can provide relief in certain circumstances, it is not… Read More »
Bribery vs. Extortion: Key Differences and Legal Implications
The crimes of bribery and extortion are often conflated due to their common association with corruption and abuse of power. However, these offenses are distinct in their legal definitions, underlying elements, and consequences. Understanding the differences between bribery and extortion is crucial for individuals accused of these crimes, as well as for businesses and… Read More »
The Sixth Amendment Right to Counsel: Protecting Legal Representation at Critical Stages
The Sixth Amendment to the United States Constitution guarantees the right to legal representation for anyone accused of a crime. This protection is vital to ensuring fairness in the criminal justice system and safeguarding individuals from prosecutorial overreach or unequal treatment. Understanding the nuances of this constitutional right is essential, especially for those facing… Read More »
Can a Single Person Constitute a “Racketeering Enterprise” in Florida?
One of a Florida prosecutor’s favorite tools is the RICO statute. RICO stands for “racketeer influenced and corrupt organization,” and it empowers the state to go after alleged criminal gangs and similar groups as a single “enterprise.” Basically, if the prosecution can prove that a racketeering enterprise exists, they can charge individual members with… Read More »
Can a Florida Sentencing Judge Consider Previously Dismissed Charges?
Following conviction for any crime in Florida, the trial judge must consider a number of factors before pronouncing sentence. These factors include the circumstances surrounding the crime. The court may also consider the defendant’s prior criminal record. With respect to a criminal record, however, the trial judge cannot consider mere allegations of past wrongdoing…. Read More »
What Happens When Police Conduct an Illegal Search in Florida?
The Fourth Amendment protects citizens from unreasonable searches and seizures. This principle is vigorously upheld in Florida. Under this protection, the police need a warrant or a valid warrant exception to conduct a search or seizure. Any search and seizure that does not meet these criteria is considered unlawful. However, while strict laws govern… 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 »
