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…
Clearwater Criminal Lawyer Blog
Court Says Florida Cops Can Draw Blood from DUI Suspect
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…
Time Limits on Criminal Charges in Florida Sex Crime Cases
A statute of limitations in criminal cases generally refers to the time limits for prosecutors to charge a person with a criminal offense. These limits often come up in child sex crimes and other cases in Florida. As the state’s Fourth District Court of Appeals recently explained, prosecutors generally can’t…
Florida Robbery Conviction Means Steeper Penalties for Gun Possession
Gun offenses are serious crimes in Florida, under both state and federal laws. In a recent case out of Pinellas County, the U.S. Court of Appeals for the Eleventh Circuit explained that the feds have the right to impose strict penalties for gun crimes. The court also made clear that…
Hearsay Questions Sink Conviction in Florida Sex Crime Case
The rule against hearsay generally bans one person from testifying in court about what another person said outside court, if it’s being used to prove a fact. In other words, an alleged rape victim’s friend generally can’t testify in court that the victim told the friend that the person charged…
Criminal Intent in Florida Fraud Cases
Florida prosecutors have the burden in many white collar and other criminal cases to prove that the person charged with crime actually intended to commit it. Getting inside a person’s head at the time of the offense is easier said than done, so prosecutors often rely on evidence about the…
Double Jeopardy in Florida Sex Crime Cases
Double jeopardy is an important protection for anyone charged with a sex or other crime in Florida. The double jeopardy rule basically says that a person cannot be charged twice for the same crime. What do we mean by the same crime? A recent case out of Florida’s Second District…
Confidential Informants in Florida Drug Crime Cases
Police often use confidential informants to bolster criminal investigations, including in drug cases. These sources may have criminal records themselves, and cops’ reliance on informants raises a variety of legal issues. That’s especially true in situations in which the person charged with a crime says the police got the wrong…
Drunken Confession Accepted in Florida Sex Crime Case
Florida’s 11th Circuit Court of Appeals recently explained that police confessions can be used in court to prosecute sex crimes and other offenses, even if the person who made the confession was intoxicated at the time.Mr. Arvelo was arrested and charged with attempted sexual battery and kidnapping with the intent to…
Jailhouse Statements to Police Informant, Undercover Officer Get Boot in Florida Sex Crime Case
Florida police officers and investigators go to great lengths to investigate sex crimes and other criminal offenses. A recent case out of the Fourth District Court of Appeals shows some of the limits on the things that they can do to help secure a conviction.The defendant was arrested and charged…