A Florida appeals court recently asked the state’s Supreme Court to answer a question that could have big implications for anyone who argues self-defense in a Florida criminal case. The issue concerns who bears the burden of proof in self-defense cases.Defendant was charged with felony battery stemming from an incident…
A person charged with a sex crime in Florida has a few options when it comes to entering a plea in court. In addition to pleading “guilty” or “not guilty,” the person can also plead “no contest.” This option means the person is not saying that he or she is…
When a person commits a felony, he or she is on the hook not only for that crime but also for any other crime that happens during the commission of the felony. A recent case out of Florida’s Fourth District Court of Appeals is a good example of how a…
There are a number of potential defenses available to a person charged with a Florida sex crime. That includes arguing that he or she should at most be convicted of a lesser crime that isn’t considered a sex offense. Florida’s First District Court of Appeal recently explained how judges weigh…
The U.S. Constitution and Florida law protect people from unlawful searches and seizures by police officers. That includes stops and frisks on the street. Cops must have a reasonable suspicion to believe that criminal activity is afoot to stop someone in the first place and then have a separate reasonable…
Florida sex crime cases often raise questions about the mental health of the person charged with a crime. That’s why judges in many of these cases will hold a hearing to determine whether a defendant has the competence to understand the charges against him, consult with counsel, and participate in…
State law allows the Florida government to ask a judge to force someone deemed a “sexually violent predator” to be committed to a secure facility without his or her consent, even if the person has finished serving a jail sentence for a Florida sex crime. A recent case out of…
There are several stages to a criminal prosecution and therefore several different opportunities to limit the impact of a conviction. Even if you are convicted of a crime, it is important to fight aggressively at the sentencing hearing to try to reduce jail times, fines, and other penalties. For instance,…
In order to arrest a person without a warrant, police officers must have probable cause to believe that he or she committed a crime. If they don’t, anything the person says while under arrest – and any evidence obtained as a result of the arrest – must be excluded from…
Search and seizure laws offer important protections to anyone suspected of or charged with a Florida drug crime or another crime. These laws set the ground rules for when police officers can stop a person on the street, pull over a car, or enter a home without a warrant. They…