Category Archives: Orlando Criminal Lawyer
Can A Florida Judge Clear You Of A Probation Violation Without A Hearing?
Probation is not, contrary to what many people think, a “free ride” for a convicted felon. To the contrary, probation requires a defendant to strictly adhere to a number of restrictions and other conditions in their daily life. If a probation officer has reason to believe a probationer has violated any of these rules,… Read More »
How Williams Rule Evidence Can Affect Your Criminal Case
A criminal trial is not about the defendant’s character. At least it is not supposed to be about character. A trial is about determining whether or not the prosecution can prove that the defendant committed a particular crime. For these reasons, prosecutors typically cannot introduce evidence of uncharged or unrelated crimes. For instance, if… Read More »
How Does The “Presumption Of Innocence” Actually Work?
We are all familiar with the concept of “innocent until proven guilty.” Indeed, it is the bedrock of our entire criminal justice system. But what does it mean in practice? Or to put it another way, how does the presumption of innocence work when it comes to a real criminal trial? The Burden of… Read More »
What Happens If I Waive My Right To Counsel In A Criminal Trial?
The Constitution guarantees your right to be represented by a qualified attorney at every stage of your criminal trial. As with any such right, you can waive your right to counsel and represent yourself. Should you do this? No. We will not go into all of the reasons here, but suffice to say, self-represented… Read More »
Can I Withdraw A Guilty Plea In A Criminal Case?
In any criminal prosecution, the defendant may choose to enter a guilty plea, thereby waiving their right to a trial on their guilt or innocence. But can the defendant change their mind? That is to say, can a guilty plea be withdrawn after the fact and a new plea of “not guilty” entered in… Read More »
Federal Court Denies Epstein Victims Lawsuit Against Government
One of the biggest criminal justice stories in recent years involved the now-deceased Florida financier Jeffrey Epstein. According to federal prosecutors, Epstein conspired with a number of people to sexually traffic and abuse over 30 young girls. Epstein allegedly paid his own employees to “deliver” the girls to him, some of whom were barely… Read More »
What Are Considered “Mitigating Factors” In Florida Criminal Sentencing?
Every criminal offense in Florida carries a minimum permissible sentence. But a judge can take into account certain “mitigating circumstances” and impose a sentence beyond the statutory minimum. For example, if the defendant negotiates a plea bargain with the prosecution for a lower sentence, the court can accept that. Another common ground for granting… Read More »
Florida Court Upholds Murder Conviction, Finds Defendant Made “Unequivocal” Waiver Of Miranda Rights
The police are required to inform you of your Miranda rights before they interrogate you. These rights include the ability to refuse to answer any questions and/or speak with an attorney. It is common practice for the police to ask a suspect if they wish to “voluntarily” waive these rights and answer questions. If… Read More »
How Stealing Someone Else’s Online Password Can Lead To Federal Criminal Charges
Every day you read stories about computer “hacking.” Some of these stories involve people improperly accessing computer systems to steal money or trade secrets from a large company. But even if you access someone’s personal computer without authorization just to look at their files, even if there is no commercial or profit motive, you… Read More »
Can The Police Follow Me Into My House Just Because They Think I Did Something Wrong?
The police normally cannot enter your home without your permission or a warrant. But the courts have long made an exception for certain “exigent” or emergency circumstances. For example, if the police believe someone is about to destroy evidence–e.g., flushing illegal drugs down the toilet–that can justify a warrantless entry into a home. Supreme… Read More »
