Category Archives: Criminal
“Jailed for Bad Science”
According to some statistics, in more than 40 percent of cases that have proven to be wrongly adjudicated, where people were convicted of serious crime such as murder or rape, false or misleading forensic science was a major factor in the wrongful conviction. And that is just based on one study: The Department of… Read More »
Addressing Juror Bias
The upcoming trial of Harvey Weinstein highlights just how difficult it can become to find jurors relatively unfamiliar with the allegations against the defendant in some cases. Attorneys are generally limited to asking jurors questions about what they have heard about a defendant, as well as their own personal experiences with whatever crimes are… Read More »
Criminal Justice Reform Advancing Again in Florida, But Slowly
In January, Florida lawmakers initiated a number of criminal justice reform bills aimed at reducing Florida’s prison population. One of those bills would specifically reduce drug sentencing laws and is close to passing the Florida Senate. Still, a number of these same lawmakers are pointing out that our prisons are full of very “violent,… Read More »
Case Against Robert Kraft Continues to Highlight Battle Involving Police Use of Secret Cameras Versus Individual Privacy Rights
The previous trial involving sex crime charges against Robert Kraft an others in connect with massage parlors led to the judge throwing out video surveillance that police had gathered because police failed to obtain a lawful warrant (known as a “sneak-and-peak”) to only specifically gather evidence of illegal activity. According to reports, surveillance cameras… Read More »
U.S. Supreme Court to Hear Cases On Whether Religious Employers Are Exempt from Civil Rights Laws
The U.S. Supreme Court will soon hear two new cases involving the question of whether religious employers are exempt from certain civil rights laws; i.e. if they can engage in blatant discrimination and violate employment laws, for example, while claiming that they are protected in engaging in those activities by the First Amendment. The… Read More »
A Close Look at ‘Rapid DNA,’ An Extremely Fast Way to Test DNA Evidence at Crime Scenes That Has Some Concerned
A new, rapid DNA analysis method that some states are testing out in order to more quickly process rape kits has a number of criminal defense and civil rights advocates concerned. The new device—known as a “rapid DNA” instrument—is marketed as allowing law enforcement to identify suspected rapists and others suspected of committing crimes… Read More »
Concerns Over Florida’s Red Flag Laws Have Gone Beyond Constitutional Violations & Into Potential Self-Incrimination in Criminal Cases
Florida’s red flag law – passed after the Parkland school shooting and designed to allow authorities to take away an individual’s guns for a year if they are deemed to be a threat to themselves or others – has captured news headlines of late as the state begins to obtain its first convictions against… Read More »
First Defendant Convicted for Violating Florida’s ‘Red Flag’ Law
In December, the first conviction under Florida’s ‘red flag’ law occurred, and the defendant could now face up to five years in prison as a result. The law dictates that law enforcement can seize weapons from individuals if they are likely to use them to commit crimes, and was passed in the wake of… Read More »
What You Must Know If You Are Charged with A Military Crime
Many people likely do not realize that individuals charged with military crimes have the same rights as any other citizen—the right to remain innocent until proven guilty. If you have been accused of a military crime, you not only want to retain a criminal defense attorney who has experience defending service members, but also… Read More »
December 2019 Florida Marijuana Legalization Update
Florida is moving quickly when it comes to decisions concerning actions already taken by Florida voters to legalize marijuana and related products, while some state authorities find new areas of the law to stifle these efforts, as we describe below: Edibles In December, a number of issues involving the legalization of marijuana and related… Read More »
Too Many People Languish in Florida Prisons Due to Outdated Mandatory Minimum Sentencing for Drug Crimes
There are at least hundreds of – if not more than 1,000 – Florida inmates who are currently serving mandatory minimum sentences for drug crimes that are no longer technically legal under the law. For example, someone sentenced in 2016 for the exact same crime committed by someone else who was sentenced in 2011… Read More »
The Increasing Discrepancies Between Resources Available to Public Defenders & Prosecutors Highlights Severe Injustice
The New York Times recently ran an important piece on the fact that public defenders frequently lack access to gadgets and software that make all the difference in terms of keeping their clients out of jail. In the criminal justice system, citizens who are accused of crimes are supposed to have an advantage because… Read More »
Florida Judge Issues First Warrant for Consumer DNA Website, Potentially Opening All DNA Information to Law Enforcement Everywhere
A decision by a Florida judge in the Ninth Judicial Circuit Court that recently came to light has turned the tables on to what extent police can rely on genetic databases in criminal investigations. Specifically, the judge reportedly provided law enforcement with a warrant that would allow them to override the privacy settings of… Read More »
Testing of Backlogged Rape Kits in Florida Leads to New Suspects Being Arrested Nearly 30 Years Later: Why This Is Problematic
Florida has recently begun testing thousands of rape kits that have been in storage for almost 30 years, leading to the arrest of a number of suspects accused of sexual battery and other sex crimes. The process usually involves the initial tests providing investigators with a name, which investigators then use to search the… Read More »
Turtle Poachers Arrested for Wildlife Crimes in Florida in State’s Largest Seizure of Turtles
In late October, Florida wildlife officials charged two suspects in connection with thousands of turtles taken (poached) as part of a trafficking ring. The investigation and arrests were launched after wildlife officials received a tip in February 2018. According to the Florida Fish and Wildlife Commission (FWC), approximately $60,000 worth of turtles (more than… Read More »
More Police Misconduct in Florida: Deputy Grabs Minor Female by The Head
News headlines have recently been dominated by news covering an Orlando deputy sheriff who was fired after being caught on video pulling a minor’s head back as he took her into custody. According to body camera footage, the deputy not only physically assaulted the young woman, but he also called everyone gathered around them… Read More »
Criminal Defense Attorneys File Petition for U.S. Supreme Court to Review Adnan Syed’s Case for The Sake of Defendants’ Rights Around the Country
The US Supreme Court was recently petitioned to review the case and of Adnan Syed, the subject of the popular podcast “Serial”. According to a number of criminal defense attorneys, not only was Syed (the defendant) not provided with proper representation when it came to investigating unbiased credible alibi witnesses, but the recent decision… Read More »
The U.S. Supreme Court Will Hear a Case That in Instrumental in Our Fourth Amendment Rights Staying Protected
The US Supreme Court will soon hear a case that could have drastic impacts on our Fourth Amendment rights when it comes to police being able to pull people over due to reasonable suspicion. Specifically, the Court will decide whether pulling someone over if a police officer runs a car’s plates and it shows… Read More »
Will Florida’s Ban On Handheld Devices While Driving Lead to More Racial Profiling?
A number of new bans will become effective here in Florida as of October 1. This includes a ban on texting while driving, as well as drivers are using wireless devices at all while driving in school zones, school crossings and work zones. This means that, legally, drivers can only speak on hands-free devices… Read More »
Florida Push for Strict New Gun Ban Has Some Concerned
Here in Florida, gun control advocates are seeking to pass a ban on semi-automatic rifles with high capacity magazines. The initiative in Florida proposes to outlaw any shotguns (” assault rifles”) capable of holding more than 10 rounds of ammunition in a detachable or fixed magazine and all new semi automatic rifles, and is… Read More »
The Importance of Preventing Wrongful Convictions
There is no question that one of the most important jobs of criminal defense attorneys is to protect people’s constitutional rights, and this includes preventing wrongful convictions. This is especially the case given that the death penalty is often applied when it comes to murder convictions; warranting a speedy exoneration. What Has Led To… Read More »
Police Now Arresting Juveniles & Charging Them with Felonies for Certain “Jokes”
Following the shootings at numerous high schools in Florida, in late August, police arrested a Florida teen for making an online threat to shoot up his high school in a video game, and are now charging him with a felony (second- or third-degree). While police are understandably under a significant amount of pressure to… Read More »
State Supreme Court Rules in Defense’s Favor, Ordering Social Media Companies to Turn Over Private Messages
We have previously discussed the challenges involved with obtaining social media evidence, in large part due to the Stored Communications Act. However, the California Supreme Court heard an important case earlier this year that addressed whether or not criminal defendants could obtain both public and private social media posts in order to prepare the… Read More »
Florida’s New Hemp Law Has Completely Transformed Marijuana-Related Arrests & Prosecutions
While Florida’s new hemp law that recently went into effect technically made possession of hemp legal up to .3 percent THC, according to the latest reports, because there is no way for police to tell the difference between hemp and marijuana, this is affecting arrests, seizures, and criminal prosecutions throughout the state. Specifically, some… Read More »