Category Archives: Orlando Criminal Lawyer
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 »
US Commission On Civil Rights Calls On Lawmakers to Remove Permanent Punishments for Those with Criminal Convictions
In mid-June, the US commission on civil rights called on Congress to eliminate the “invisible punishments” embedded in our many laws and regulations that prevent those with criminal convictions from re-integrating into society. According to statistics, more than 600,000 people are returning to communities from prisons every year, and face significant barriers to obtaining… Read More »
The Use of AI in The Criminal Justice System Should Alarm All of Us
Many people likely do not know about a phenomenon that is known as criminal sentencing AI, whereby an algorithm is used in the criminal justice system to estimate the likelihood of a criminal defendant committing future crime. In a number of cases, reports that are based on these algorithms are used and relied on… Read More »
Florida Appeals Court Sides with Defendant in Finding That He Does Not Need to Turn Over Phone’s Passcode in Response to Warrant
In a groundbreaking court case decision out of the Florida appeals court, the court recently sided with a criminal defendant in deciding that he did not have to turn over his cell phone passcode to police. The decision came out of the 1st District Court of Appeal in Alachua County in a robbery case… Read More »
Florida Criminalizes Owning & Distributing “Childlike Sex Dolls”
In late May, Florida made it illegal (i.e. a second- or third-degree felony) to own (sell, distribute, etc.) a “childlike sex doll.” Specifically, the law prohibits someone from “knowingly having in his or her possession custody or control an obscene childlike sex doll” under the justification that owning these dolls encourages child predators. The… Read More »
The Decision to Criminally Prosecute Florida Law Enforcement Officers Who Fail to Take Action During School Shootings
Florida’s decision to criminally prosecute law-enforcement officer Scott Peterson who failed to take action during a deadly mass shooting at a Florida high school has been controversial from the start. He is one of (or the) only law enforcement officers to be criminally prosecuted for felony child neglect for this oversight. On June 6,… Read More »
U.S. Supreme Court Petitioned to Force Prosecutors to Turn Over Evidence of Innocence
The U.S. Supreme Court has been petitioned to overturn a federal appellate court decision regarding the constitutionality of prosecutors failing to inform criminal defendants of evidence of innocence before they engage in collecting a guilty plea. Conversely, on May 1, attorneys for the city of Brownsville, urged the Supreme Court to leave the current… Read More »
Florida House Considers Bill Making Certain Abortion Provider Activities a Third-Degree Felony
On April 17, the Florida House considered legislation requiring minors seeking an abortion to first obtain parental consent. If it passes and is signed into law, any doctors or other healthcare providers involved in providing abortions to minors would face severe criminal consequences. While Florida already has a parental notification requirement for minors when… Read More »
Florida Advocates, Once Again, Seek to Expand What Is Punished as A Hate Crime
A number of Florida advocates and legislators are, once again, pushing to expand the coverage of what is considered (and thus punished as) a hate crime here in Florida. Although this is not the first time that legislators in Florida have sought to expand the state hate crime law, these efforts do appear to… Read More »
Nonviolent Drug Offenders Are Still Serving Decades in Florida Prisons, but That Could Soon Change
The passage of the First Step Act brought a number of much-needed criminal justice reforms at the federal level; such that Florida lawmakers are now considering enacting similar reforms throughout the state of Florida. Florida’s prison population is currently close to a total of 1,000,000 inmates. A significant portion of these inmates are offenders… Read More »
U.S. Supreme Court’s Decision Solidifies Florida Bump Stock Ban & Felony Classification?
Even though owning bump stocks has been illegal in Florida for months now, citizens have reportedly continued to own them, and a number of attorneys have challenged the ban in courts; arguing that it is unconstitutional for the state to take away residents’ property without first providing compensation. However, the recent decision made by… Read More »
Florida Is, Once Again, Retrying A Defendant Who Has Already Been Exonerated by DNA Evidence—What Does This Say About Our Justice System?
We have previously discussed the issue of prosecutors deciding to prosecute innocent individuals in spite of evidence to the contrary, and the wrongful convictions that can result from this misconduct. This issue was recently highlighted in the trial of Paul Hildwin, whose death sentence was reversed and capital conviction overturned when DNA evidence linking… Read More »
