Category Archives: Criminal
How The “Good Faith” Exception Protects Even Bad Search Warrants
The Fourth Amendment normally requires the police to obtain a warrant before searching private property. Evidence obtained in violation of this requirement is inadmissible in court as evidence against a criminal defendant. Of course, there are a number of exceptions to this general rule. One of them is known as the “good faith” exception…. Read More »
The Importance Of Venue In A Florida Criminal Trial
In a criminal trial, the venue refers to the geographic place where the matter is actually heard by the court. For state crimes, venue is typically vested with the circuit court where the alleged criminal act occurred. Similarly, federal crimes in Florida are tried in one of three district courts, representing the Northern, Middle,… Read More »
The Government’s Burden Of Proof At Criminal Sentencing
In federal criminal cases, a judge will consult a set of non-binding rules called the Federal Sentencing Guidelines when assessing a convicted defendant’s punishment. The guidelines are no longer mandatory following a 2005 United States Supreme Court ruling, but judges must still consider the recommended penalty range from the guidelines when crafting a particular… Read More »
What Is Considered “Cyberstalking” In Florida?
Most of us have seen–or dealt with–abusive behavior online at one time or another. In some cases such behavior may rise to the level of cyberstalking. This is not simply a term of art. Florida law specifically recognizes cyberstalking as a criminal offense. And individuals who have been targeted by such behavior may seek… Read More »
What Happens If I Sell Firearms Without A License?
The Second Amendment may guarantee your constitutional right to keep and bear arms. But that does not mean you have an unrestricted freedom to purchase or sell such weapons within the state of Florida. Indeed, there are a number of federal and state laws designed to carefully regulate the marketplace for weapons–and if you… Read More »
How Does The “Excited Utterance” To The Hearsay Rule Work In A Florida Criminal Trial?
There are strict rules governing the admission of evidence in a Florida criminal trial. One of the most important rules is the general prohibition against hearsay. The word hearsay refers to out-of-court statements offered to prove the truth of the matter asserted. There are exceptions to the hearsay rule. One of the most commonly… Read More »
Can A Judge Use My Claim Of Innocence Against Me At Sentencing?
As you probably know, you have a constitutional right against self-incrimination. This means you cannot be compelled to testify at your own criminal trial. Of course, you can still choose to testify but anything that you do say could be used against you. When a person is convicted of a crime, there is usually… Read More »
Florida Man Admits To Having Gun In Car, Charged With Illegal Concealed Carry
The right to “keep and bear arms” is quite complicated in practice. There are many situations where a person commits a crime simply by having a concealed firearm in a certain place. And when we speak of a “concealed” firearm, that does not necessarily mean the person has the weapon on their immediate person…. Read More »
When Is Expert Testimony Inadmissible In A Criminal Trial?
Expert witnesses provide context and analysis for jurors who are presumed to lack specialized knowledge in certain areas. Both the prosecution and the defendant may call expert witnesses in support of their case. But the judge has the final say on whether such witnesses are actually permitted to testify. Under a rule known as… Read More »
What Is The Difference Between A Bench And Jury Trial In A Florida Criminal Case?
You likely already know that when you are charged with a serious crime in Florida, you have the right to a trial by jury. But can you waive that right? What happens if you want the judge to decide your case without a jury? And is there any reason you should want to do… Read More »
