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…
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 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…
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…
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…
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…
Many criminal drug cases come down to search and seizure issues concerning how law enforcement gains evidence of the alleged crime. Generally, police officers need a warrant from a judge in order to search your home or other property. There are several exceptions to this rule, but even cases in…
Sexual battery and other sex crimes are serious offenses that often come with significant penalties and jail time. Those penalties go up when the victim of the crime is a minor. As Florida’s Fourth District Court of Appeals recently explained, sexual battery on a minor encompasses a wide range of…
A high-profile Pinellas County murder case recently got new life from the Florida Supreme Court. The decision is a good example of how seriously courts take murder charges, and also of the strict legal requirements that have to be met before a person can be sentenced to death.The defendant was…
Intent is a central part of many criminal cases in Florida, including those related to sex crimes. The trouble is that it can be tough to get inside a person’s head and determine what exactly he or she was thinking at a particular time. That is why cases such as…