In any criminal case, the state has the burden of proving beyond a reasonable doubt that the defendant committed the crime by establishing all of the particular elements of the crime as defined by Florida law. However, the state is not allowed to present irrelevant evidence or evidence that is…
After the George Zimmerman/Trayvon Martin case, the Florida Stand Your Ground law received a lot of national attention. Basically, it allows a defendant to file a motion to have the case thrown out by a judge if the facts indicate he/she had a right to use the force that was…
Kidnapping is a serious felony crime in Florida that comes with potentially serious penalties. When most people think of kidnapping, they probably assume it requires a suspect to take a person against his/her will, transport them somewhere and hold them without letting them leave for some period of time. That…
Due to the recent, well-publicized George Zimmerman verdict, the Florida Stand Your Ground law has received a lot of attention both in Florida and across the country. Much of that attention and focus has been partially or completely wrong. One thing is for sure- a lot of people do not…
Most people’s exposure and understanding of DNA evidence comes from television shows, books or brief news stories. DNA evidence is not used, or even attempted to be obtained, in the overwhelming majority of cases. However, there are criminal cases where DNA evidence can be a critical element to the case.…
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…
Most people have heard of the defense of self defense in Florida where a defendant is charged with a violent crime. Basically, a person can use reasonable force to defend him/herself from the imminent force of another person. However, a defendant does not always have the right to a self…
In criminal cases in Florida, hearsay evidence is defined as evidence of an out of court statement offered in court to establish the truth of what was stated. The general rule is that such hearsay evidence is not admissible in court. However, there are many exceptions to this general rule,…
As many people have become aware since the popularity of the George Zimmerman/Trayvon Martin case, the Florida Stand Your Ground law allows a criminal defense lawyer representing a defendant charged with a crime of violence to file a motion to have the case thrown out based on the idea that…
We have discussed the Florida Stand Your Ground law in Florida many times on this website. Basically, it allows someone to use force to protect himself or another from someone he/she reasonably believes is about to use force against him/her or another. It also allows a person charged with a…