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,…
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,…
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…
In Florida, it is a burglary to enter a dwelling with the intent to commit a theft or felony therein. A dwelling is not just a residence, but can be any number of structures or vehicles. A person does not have to actually go all the way into the structure.…
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…
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…
In a trafficking in marijuana case near Jacksonville, Florida, police officers were given a tip from a person who said the defendant was growing large quantities of marijuana in his home. A tip like that by itself is rarely sufficient to get a search warrant, but it is usually the…
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…
In Florida, there is often a significant different in penalties between possessing drugs and trafficking drugs. Possession of drugs such as marijuana, cocaine or methamphetamine is a serious felony charge, but can often be resolved without jail or prison time depending on the defendant’s criminal history and the circumstances of…
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…