The justice system understands that sometimes an individual needs to use deadly force against another in order to defend themselves. “Self-defense” is what is called an affirmative defense. An affirmative defense means that the defendant is acknowledging that they committed the crime they are charged with, but that they had…
When a defendant is charged with a crime, at trial the only evidence that should usually be put forward by the state is evidence related to those crimes charged. However, sometimes there are circumstances for the crimes alleged that require explanation. In some of those situations, the state will need…
In criminal cases, the burden of proof is on the prosecution to prove that the defendant committed all the elements of the crime. Specifically, the prosecution has the burden to prove these elements beyond a reasonable doubt. In a case recently heard by the Florida Third District Court of Appeal,…
“You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney…” You have probably heard this recitation on legal procedural TV shows dozens (or hundreds) of times. This is called the “Miranda” warning. The…
Many people who are convicted of crimes in Florida will have to serve a term of probation as part of their sentence. Probation is a punishment somewhat in between incarceration and freedom. The specifics can differ depending on the individual and their charges, but when someone is on probation they…
It is crucial that criminal defendants get a fair trial. One of the ways that the justice system assures fairness is by making sure the jury that is selected is impartial. Typically, both sides of a trial will get a specific number of peremptory challenges. Peremptory challenges allow either side…
The United States criminal justice system is based on the idea that defendants are innocent until proven guilty. The court wants to make sure that when someone is found guilty by a jury, they are actually guilty. There are safeguards built into the criminal justice system to protect innocent defendants…
In a case heard by the Florida First District Court of Appeal, a man challenged his conviction for capital sexual battery and lewd molestation. He argued that the convictions should be thrown out because the trial court improperly prevented evidence from being admitted. All convictions must be supported by evidence.…
If you are charged with DUI in Florida, you may be facing serious consequences depending on your blood alcohol content, whether you have had previous DUIs, and a number of other factors. However, if you are driving while intoxicated and cause the death or serious injury of another person you…
There are specific laws regarding what evidence prosecutors are allowed to use to prove their case in court. As will be discussed in more detail below, the state can present relevant evidence as long as its probative value is not outweighed by the prejudicial effects on the defendant. In this…