Search and seizure issues can often make or break a criminal case in Florida. State and federal laws impose a number of restrictions on law enforcement officers. That includes requiring them to have a “reasonable suspicion” to believe a crime is being committed or has recently been committed to stop…
Florida sexual battery cases often focus on intricate legal arguments about whether what the person who is accused of the crime allegedly did qualifies as a crime. Those debates can have significant consequences. They can mean the difference between a conviction or acquittal and determine the type of punishment that…
Search and seizure issues are often critical elements of Florida theft crime cases. The state’s First District Court of Appeal recently explained one way in which cops can use cell phone data and victim descriptions to track down criminal suspects. The court also said the police properly used the same…
There are a number of procedural safeguards built into Florida laws that are designed to ensure that a person charged with a crime gets a fair trial without any preconceived notion of guilt. Those safeguards are particularly important in Florida sex crime cases, which often carry a certain stigma based on…
When a police officer flashes his lights, activates his siren, or otherwise directs a person to pull over, it’s a good idea to do so. As a recent case out of Florida’s Fourth District Court of Appeal shows, declining an officer’s direction to pull over is a felony, even if…
In internet sex crime cases, the law puts the burden on prosecutors to prove beyond a reasonable doubt that a person committed the specific crime with which he or she has been charged. Trials and evidentiary hearings give prosecutors the chance to put forth the evidence to make that case…
The “double jeopardy” rule essentially provides that a person can’t be charged more than once for the same crime. It bars prosecutors from seeking to recharge a person for the same crime after being acquitted, convicted, or found not guilty. It also stops them from seeking double punishment for the…
It is important for anyone charged with a crime in Florida to understand that prosecutors at all times bear the burden of proving beyond a reasonable doubt that they committed the crime with which they are charged. That means establishing each and every legal element of the specific crime, as…
Florida battery and other criminal cases often come largely down to one person’s version of the events against another person’s version. Witness and victim testimony is crucial in these cases. There are, however, a number of evidence rules that may limit the type of testimony that actually gets to a…
Blood alcohol tests are often a key part of Florida DUI cases. Although police officers generally have to get a warrant or your consent to submit to such a test, there are a number of exceptions to that rule. The state’s Fourth District Court of Appeal recently explained one of…