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Clearwater Criminal Lawyer Blog

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Florida Drug Possession Acquittal Overturned on Appeal After Finding that Evidence of “Constructive Possession” Existed at Trial

As with many crimes, Florida drug possession can be prosecuted in a variety of different ways. It’s clear that if a person is arrested with contraband on his or her person, that might be used as evidence to prove the crime. However, what happens when the drug is present in…

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Cruise Ship Sexual Assault Occurring in International Waters is Prosecutable under Florida Criminal Law

The cruise ship industry is a major source of revenue in Florida, and in fact, Florida law seeks to protect cruise-goers by extending subject matter jurisdiction to criminal acts that occur on cruise ships that leave Florida ports. However, the Third District Court of Appeals in Miami recently heard a…

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Fourth District Court of Appeals Affirms Kidnapping Conviction, Analyzing What Constitutes a “Confinement Crime” Under Florida Kidnapping Law

In a Florida kidnapping case, the issue on appeal was whether the defendant’s kidnapping convictions reflected Florida confinement law. The defendant argued that his actions did not constitute kidnapping because themovements of his victims were slight and inconsequential and did not assist the commission of another crime. The defendant allegedly…

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Florida Manslaughter Conviction Upheld as Appeals Court Rules that Prosecution Did Not Improperly Comment on Defendant Not Testifying

The United States Constitution grants criminal defendants the right not to testify in their trial. See U.S. Const., Amend. V. From this right, the Florida Supreme Court has ruled that commenting in such a way that can be interpreted to cast light on the defendant’s failure to testify is an error…

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Circumstantial Evidence was Sufficient to Uphold First-Degree Murder Conviction of Florida Man

Criminal cases require prosecutors to present evidence in order to obtain a conviction. Evidence generally comes in two varieties:  direct and circumstantial. Examples of direct evidence include eyewitnesses to a crime or a ballistics report stating that the defendant’s gun fired the bullet that killed the victim. Circumstantial evidence, by contrast,…

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