Category Archives: Criminal
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 »
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 »
Is Leaving a Halfway House Early the Same as “Escaping” from Prison?
In criminal law there is a concept known as mens rea, which is Latin for “guilty mind.” It refers to a legal requirement in a criminal prosecution that the government prove the defendant acted with a culpable state of mind. That is to say, the defendant must be aware they are engaged in a… Read More »
When Can a Florida Judge Impose a Lesser Sentence?
Florida’s Criminal Punishment Code establishes the basic rules that trial judges must follow in sentencing defendants convicted of non-capital crimes. In simple terms, the Code provides sentencing guidelines that include the minimum sentence a court must impose for a given offense. The judge will then impose a sentence between this minimum and the maximum… Read More »
How Misrepresenting Your Medical Status Can Lead to Mail Fraud Charges
Many white collar crimes, such as mail fraud, center on allegations that the defendant made false statements in connection with applying for government benefits. For example, say a person applies for disability. This requires them to provide evidence they suffer from a medical condition that prevents them from engaging in any meaningful work. If… Read More »
Why Does Florida Still Have Six-Member Criminal Juries?
Dating back to 1215, when English barons imposed the Magna Carta on King John, it has been widely accepted under the common law that a person accused of a felony or other serious crime has the right to a trial by jury. The United States, which inherited the English common law system, continued that… Read More »
