In just about all criminal cases in Florida, a person will be arrested by a member of law enforcement who is properly working in that jurisdiction. For instance, if a person is speeding in Duval County (which is in Jacksonville) Florida and a police officer plans to make a traffic…
Articles Posted in Criminal Procedure
Can a Defendant Have a New Trail Based on Newly Discovered Evidence?
In Florida, when a defendant has a trial and gets convicted, he/she has a right to appeal the conviction to have a higher court determine if there were any significant errors committed in the trial that detrimentally affected the defendant’s right to a fair trial. While some appeals are successful,…
Florida Child Abuse Defendant Convicted Because He Could Not Afford An Expert
In what are referred to as shaken baby cases, the state will almost always have an expert testify that the child’s injuries must have been caused by someone forcibly shaking the baby rather than whatever explanation the defendant or defense lawyer provides. The State will always have someone on hand…
Husband Gets Ten Days in Jail For Filing False Divorce Documents
When two people get divorced in Florida, they are generally required to file sworn financial affidavits with the court. These financial affidavits contain information about the party’s income, liabilities and assets. Each party in a divorce has a right to know the financial situation of the other party. Since the…
Florida Criminal Case May Be Dismissed if State Does Not Actively Search for Defendant
As criminal defense lawyers here in Jacksonville, Florida, we get a lot of calls from people who learn they have a warrant or a capias from a charge filed against them many years ago in Florida. When we get those calls about old, pending criminal cases, the first thing we…
Drinking Alcohol Can Result in a Probation Violation
In Florida, many guilty or no contest pleas result in the defendant getting a sentence of probation either instead of jail or prison time or in addition to jail or prison time. When a person is on probation, he/she usually has certain conditions to fulfill such as community service, paying…
Jail Calls and Jail Visit Conversations May Be Recorded and Used as Evidence at Trial
When a person is in jail while his/her criminal case is pending, he/she will be permitted to make phone calls to people on the outside and have periodic visits with them. In Jacksonville, Florida, there is a recording before each phone call which tells the inmate that the conversation is…
Termination of Probation in Florida
When a person is charged with a crime in Florida and either pleads guilty or no contest or has a trial and is found guilty, he/she may get sentenced to a term of probation. When a person is on probation, he/she usually has to complete certain conditions of probation. Examples…
Criminal Defense Lawyers in Florida Must Properly Advise Defendants of Any Immigration/Deportation Consequences
As criminal defense attorneys in Florida, we handle a lot of cases where a person who is not a United States citizen has been arrested on criminal charges. When a person who is not a U.S. citizen has been arrested for a crime, it is crucial that he/she be properly…
Defendant’s Statement Thrown Out Where Police Did Not Provide Access to Criminal Lawyer
When a person is arrested for a criminal case in Florida, he/she has a right to speak with an attorney prior to giving any statement to police and have an attorney present during questioning if he/she wants to talk to the police. We feel it is very important that everyone…