In Florida, if the state believes a person has committed a crime, there is going to be a statute of limitations attached to that case. The statute of limitations in Florida means that the state has a certain period of time from the date the crime was committed to prosecute…
Articles Posted in Criminal Procedure
Florida Child Molestation Conviction Reversed Due to Potential Juror Intimidation
In a recent lewd and lascivious child molestation case in Jacksonville, Florida some unorthodox activity in the courtroom caused the appellate court to reverse the jury’s guilty verdict on those child molestation charges. Apparently, a biker gang wearing “Bikers Against Child Abuse” jackets congregated outside the courtroom in the presence…
Florida City Noise Ordinance Found to be Unconstitutional
Ocala, Florida, a city near Jacksonville, Florida, enacted a city ordinance that prohibited “unnecessary or disturbing noises”. Normally, this comes up when a person is playing loud music in his/her vehicle. An individual was cited in Ocala, Florida for violating this noise ordinance and appealed his case claiming that the…
In Florida, There is a Key Difference Between Being Present for a Crime and Helping The Criminal Activity
In Florida, a person does not commit a crime by being present when someone else commits the crime and knowing the crime was committed. However, a person can be guilty of a crime if he/she did not actually commit the crime but assisted the perpetrator during or after the crime.…
Subsequent Miranda Warnings May Not Cure Prior Police Failure to Mirandize Suspect in Florida
From TV shows, the news and other sources, most people have heard the term Miranda warnings. Unlike just about every legal issue seen on TV, the Miranda warnings that are read on TV are usually somewhat similar to what is read to suspects in real life. Miranda warnings are something…
Interstate Agreement on Detainers Applies in Florida
The laws regarding when the state has to take a person to trial and statutes of limitation can be very complicated depending on the charge, when the crime was committed, where the defendant was residing and other factors. There is a law that applies in Florida that addresses a situation…
Florida Minimum Mandatory Sentence Laws are Unfair and Unnecessary
As we have discussed several times on this site in the past, minimum mandatory sentences are among the most counterproductive and just plain stupid ideas our government has come up with, and that is saying a lot given the state of our government these days. Among other problems, they are…
When a Suspect’s Silence Can Be Used Against Him/Her in Criminal Court
Under the Florida and United States constitutions, people who have been arrested or are otherwise considered to be in police custody have a right to remain silent. This means that the police cannot force them to make any statements that might incriminate them in a criminal case. As part of…
Suspects in Florida Need to be Clear About Asserting a Right to a Criminal Lawyer
Legal shows on television do not normally have much association with reality, but one thing you often see on there is true. When a person gets arrested and the polic say he/she has a right to remain silent, a right to a lawyer and anything he/she says can and will…
Convicted Felon in Possession of a Firearm May Be Able to Use Florida Stand Your Ground Law
The Florida Stand Your Ground Law, as it is commonly known, received a lot of popularity, or perhaps notoriety, as a result of the pending Trayvon Martin/George Zimmerman case. The law, which really is not very extraordinary, is basically a self defense law that says a person can use force…