Littering and dumping statutes seek to criminalize people leaving their trash in private or unauthorized places, like a public park or along the highway. The experience of an elderly Florida man shows that the Florida littering statute extends much further than those examples and can even apply to people who…
As more commerce is conducted electronically, many States have passed laws specifically targeting credit card fraud. Florida is no exception. Local authorities are aggressively pursuing a variety of Florida credit fraud schemes, including mortgage fraud, health care fraud, and identity theft. Before the beginning of the college football season, several…
As Hurricane Irma approached Florida, many people had to make tough decisions about what to bring and what to leave behind. Millions of the State’s residents evacuated to escape harm’s way. News outlets in the aftermath of the hurricane reported that dozens of pet owners left behind their pets, some…
Restrictions against double jeopardy, the prosecution of a person twice for the same offense, are a foundational protection for criminal defendants. In fact, the protection is enshrined in the U.S. Constitution’s Fifth Amendment. Often, it’s easy to identify when a subsequent prosecution would constitute double jeopardy. For instance, if a…
Florida’s laws criminalize various activities involving a gun, and the prosecution of gun crimes in Florida often hinges on what it means to “possess a firearm,” a determination that isn’t as obvious as it might seem. In fact, a Florida appeals court recently ruled that “possession” of a firearm might not…