People charged with violating Florida law often worry that they will inevitably be convicted. In criminal cases, though, the prosecution faces a high burden of proof, and there are frequently defenses criminal defendants can assert to establish that the prosecution’s evidence is inadequate to establish guilt. Similarly, if a person…
Under Florida’s constitution, criminal convictions require a unanimous verdict. This means, in part, that jurors must be in complete agreement that the prosecution has established each element of the charged offense beyond a reasonable doubt. If there is ambiguity regarding the unanimity of a verdict, a defendant may be able…
In Florida, it is a crime to leave the scene of a car crash if the collision causes an accident or death. As demonstrated in a recent case, however, the act of doing so only constitutes a single crime. In other words, a person cannot be charged more than once…
When a person is convicted of a crime, the court will often not only sentence them to prison but also require them to make restitution. Criminal defendants and the state frequently disagree over what constitutes reasonable recompense, however. This was illustrated in a recent child pornography case in Florida, where…
In many cases in which the police are investigating a person for a crime, they try to gather as much evidence implying the individual’s guilt as possible. The police must abide by the confines of the law, however, and cannot overstep their boundaries, or it will constitute a violation of…
Many people who are accused of committing crimes suffer from one or more mental illnesses, and in some instances, there is a link between the illness a person suffers from and the offenses he or she allegedly committed. In such a case, a criminal defendant may be eligible to enter…
People who do not work in law enforcement or criminal defense rarely have an understanding of Florida’s process for prosecuting crimes. It is critical, though, for people suddenly faced with criminal charges to become familiar with the Florida Rules of Criminal Procedure so that they understand their rights and what…
Judges have a duty to be fair and impartial when presiding over criminal matters, but many judges harbor implicit or explicit biases. A judge’s prejudices may make it difficult or impossible to receive a fair trial, but fortunately, parties that suspect a judge of being biased can file a motion…