As technology advances with computers and cell phones and newer forms of communication, old laws and cases do not always properly address how our privacy rights might be affected, and how the government can look at or seize our data in criminal cases. We have written previous articles about when…
People in Florida may have seen news stories recently regarding Florida’s death penalty and a decision by the United States Supreme Court calling it into question. As an initial matter, Florida has the death penalty as an option for certain crimes. The recent United States Supreme Court case (Hurst v.…
When both sides to a criminal case finish presenting evidence, questioning the other side’s witnesses and making their arguments, the jury goes into the jury room to deliberate and try to reach a verdict. They use their memories of and notes from the testimony, the law that is read to…
It does not happen often, and I have only seen one case of a Jacksonville criminal defense lawyer being held in contempt, but a judge does have a right to hold a lawyer in contempt and send him/her to jail for a period of time for certain conduct in Florida.…
In a criminal case in Florida, if the state has a full, valid confession of a crime from a suspect, can they use that alone to convict the person of the crime? No. The state must have evidence independent of a confession to prove the crime occurred before it can…
In Florida, there are a lot of drug cases and gun cases that involve the concept of constructive possession. Actual possession is when the police find a gun or drugs on a person i.e. in his pocket, in his hand, in his waistband, sees him throw the drugs on the…
In Florida, the state must commence prosecution of a suspect within a certain period of time from the date a crime is committed or reported. That period of time is referred to as the statute of limitations. It provides that the state must prosecute a suspect within a certain period…
Most people are aware that the United States Constitution affords people the right to remain silent. This means that a person does not have to give any statement to police that might be incriminating, and a defendant cannot be compelled to testify at his/her own trial. If a person chooses…
There has been a lot of publicity about grand juries due to the recent decisions involving police officers and homicides where the grand juries have decided not to move forward with indictments. Along with the publicity, there has been a lot of confusion about what grand juries do, how they…
In Florida, many drug trafficking and other drug crimes start when a confidential information gives information to the police about a suspect. Normally, a person is arrested for a drug crime or some other crime, and in order to improve his/her position, he/she gives information to the police about some…