When criminal defense attorneys handle bond hearings, they may not call witnesses on their own, and the state may not call witnesses for the criminal defense lawyer to cross-examine. At bond hearings, the issue to be decided is the bond amount the defendant needs to post in order to be…
Florida Governor Rick Scott issued an order in March of 2011 which would allow the state to drug test its employees randomly and without any suspicion of drug use or improper conduct. The order has been challenged as a violation of a person’s right to be free from unreasonable searches…
Under search and seizure law in Florida, the police need to have reasonable suspicion that a suspect is involved in criminal activity before he/she can briefly detain the suspect for further investigation. A detention does not necessarily consist of a police officer telling a person to stop or stopping a…
In Florida, it is a burglary to enter the premises of another with the intent to commit a theft or other felonies. In order to prove a burglary case, the state has to prove the owner of the premises. The state cannot just prove that the defendant did not own…
In a recent case just south of Jacksonville, Florida, a defendant was arrested and charged with aggravated battery with a deadly weapon, and the alleged deadly weapons were plastic broomsticks. After a trial on the aggravated battery with a deadly weapon charge, the jury convicted him. In Florida, a person…
With the release of the proposed 2013 budget, the Obama administration also released its new drug control strategy. Although the Obama administration has given indications in the past that it’s going to take a more considerate and cost-effective approach to the old, expensive and ineffective War on Drugs, the new…
In Florida, communications between a lawyer and his/her client are general privileged. This means that neither the state, the judge, the jury, the other party nor anyone else has a right to discover what has been said or otherwise communicated between a client and his/her attorney. This is obviously crucial…
The federal Computer Fraud and Abuse Act (CFAA) was intended to be an anti-hacking criminal statute to go after people who hack into databases and computer systems without authorization to misappropriate data. However, certain prosecutors have attempted to expand their powers under the Act and use the Computer Fraud and…
It is safe to say that most people in this country own a cell phone and use it to communicate in a variety of ways. There is a growing trend for people to cancel their landline phone numbers at home and rely exclusively on their cell phones. What people may…
In Florida, robbery involves taking the property of another with the use of violence, force or placing the victim in fear of violence. If no firearm or other weapon is used, robbery is a second degree felony which carries a maximum penalty of up to 15 years in prison. Of…