Starting July 1, 2024, the laws relating to Racing on Highways in Florida are changing. The Florida legislature has increased the penalties and created new provisions that will affect anyone charged with this crime. The crime of racing on the highways includes a lot of activities including racing,…
Articles Posted in Misdemeanor Crimes
What if the State doesn’t give me a speedy trial?
Every person charged with a crime in the United States is entitled to a speedy trial. This is a federal constitutional right guaranteed by the Sixth Amendment to the United States Constitution which states, [i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…” …
When Can a Police Officer Make an Arrest on a Misdemeanor Without a Warrant in Florida?
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. Police officers can’t simply walk up to any citizen and detain or arrest that person. There must be reasonable suspicion or probable cause that the person has, is, or is committing a crime in order to…
Florida Police Officer Improperly Arrests Suspect for Giving False Name
A recent encounter between a suspect and a police officer near Jacksonville, Florida illustrates that police do not have free reign to question suspects and detain them based on mere suspicions or the fact that they do not like a person’s answers. In light of recent police shootings and some…
Florida Defendant Properly Charged with Driving With a Suspended License on Gas Powered Bicycle
In Florida, most people are aware that if your driver’s license becomes suspended for any reason, it is a crime to drive a vehicle. It is usually a misdemeanor crime that is not treated too harshly in court. However, multiple driving with a suspended license arrests and convictions can prolong…
Florida Student Suspended From School Convicted of Trespass for Being on School Grounds
In Florida, any person who goes onto property without authorization, or after having been warned not to be on the property, may be subject to a trespass charge. Trespass is usually a misdemeanor in Florida, however it can be a felony if the trespasser is armed with a gun or…
Necessaity Can be a Defense to Criminal Traffic Charges in Florida
In Florida, the defense of necessity may be available for a defendant charged with a variety of criminal charges. When using this defense, a defendant is basically saying that he/she did commit the crime, but did so because it was necessary due to some urgent circumstances. The necessity defense has…
In Florida, Police Usually Need an Arrest Warrant to Make an Arrest for a Misdemeanor Outside His/Her Presence
In Florida, the police cannot just arrest any person he/she has probable cause to believe has committed a crime. A police officer does not need an arrest warrant signed by a judge to arrest a person for a felony charge or a misdemeanor that has occurred in his/her or another…
$5,000 Fine in Florida Solicitation of Prostitution Case Found to be Unconstitutional
In a recent case near Jacksonville, Florida, the defendant entered a no contest plea to solicitation of prostitution. The crime of solicitation of prostitution occurs when a person offers to engage another person in sexual activity for hire. It is considered a minor second degree misdemeanor crime in Florida. In…
Providing False Information to Police Charge is Not Valid in Florida After Improper Arrest
In Florida, it is illegal for a person who has been arrested or detained by the police to give false identification information to the police. This is a misdemeanor crime in Florida. This charge usually comes after a situation where the police either arrest someone or suspect someone is committing…