Category Archives: Orlando Criminal Lawyer
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 »
How Do Grand Juries Work In Florida?
There are two legal mechanisms by which a person can be charged with a crime in Florida: information or indictment. An information is a charging document issued by a prosecutor, i.e., a Florida State Attorney. An indictment, on the other hand, is issued by a legal body known as the grand jury. A grand… Read More »
Can A Judge Ask If You Waive Your Right To Testify?
Under the Fifth Amendment to the United States Constitution, you cannot be compelled to “be a witness against” yourself in a criminal case. In other words, you cannot be forced to testify at your own criminal trial. Of course, you are free to waive that right and testify, but that decision must be made… Read More »
If The US Supreme Court Modifies or Abolishes Qualified Immunity, This Could Completely Transform Arrests & Police Brutality
The tragedy that occurred involving George Floyd and the officer who killed him after kneeling on his neck for more than eight minutes during an arrest – when video footage indicates that Floyd was not resisting arrest – has sparked widespread protests around the country, highlighting the issue of an overall lack of accountability… Read More »
“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 »
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 »
U.S. Supreme Court Denies Adnan Syed’s Appeal
We have previously reported on the case of Adnan Syed, the subject of the popular podcast “Serial,” whose attorneys petitioned the U.S. Supreme Court to review his case. The request was an important one, as the decision by the appeals court to deny him a new trial not only uproots well-established, uniform legal precedent… Read More »
Congress Takes Steps to Decriminalize Marijuana at Federal Level: What is the Status in Florida?
We’ve previously discussed efforts in Florida to decriminalize the possession of marijuana. While this could someday completely alter state prosecution of marijuana-related crimes, without decriminalization also occurring at the federal level, there is always the threat of federal prosecution for marijuana-related crimes. However, in mid-November, reports announced that a federal congressional committee plans to… 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 »
DUI Convictions in Florida & Elsewhere Based On Flawed Breathalyzer Tests
As attorneys dedicated to criminal defense, one issue that is frequently at the heart of ensuring that our clients’ rights are protected has to do with just how unreliable alcohol breath tests are; even though they have become a “linchpin” of the criminal justice system. In fact, here in Florida, a panel of judges… 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 Man Charged with Animal Cruelty for Dragging Shark Given 10 Days in Jail
One of the men in Florida who was charged two years ago with felony counts of aggravated animal cruelty after helping to drag a shark to its death was recently sentenced to jail for 10 days, which the court found could be served on the weekends. In addition to the video of dragging the… 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 »
U.S. Supreme Court to Consider Survival of Insanity Defense
The U.S. Supreme Court kicks off its new term on October 7, and has several “blockbuster” criminal law cases that raise significant questions for criminal defendants. Kahler v. Kansas The first of those cases–Kahler v. Kansas–considers the constitutionality of a state statute that one criminal defendant (Kraig Kahler) argues abolished the insanity defense (while… Read More »
American Bar Association Votes Against Recommending Affirmative Consent Standard to States, Dodging Serious Civil Rights Concerns in Sexual Assault Cases
In August, the American Bar Association rejected a resolution that would have recommended that the states change what is known as the affirmative consent standard, which governs what is considered sexual assault. Specifically, the resolution called for consent to be defined as someone giving consent “expressed by words or action in the context of… 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 »
Administration Announces the Return of Federal Executions
In late July, Attorney General Barr announced the reinstatement of the federal death penalty, even as there are growing movements at the state level to repeal the death penalty due to such issues as proven inaccuracy (i.e. wrongful convictions), deep racial biases, and fiscal irresponsibility. Looking at the data creates cause for alarm: Just… Read More »
