In many criminal cases, the State lacks direct evidence that the defendant committed a crime. Thus, in such instances, the State will rely on circumstantial evidence to build a case against the defendant. While circumstantial evidence is generally admissible, it must bear a connection to either the defendant or the…
Florida has some of the toughest drug laws in the entire country. If you are arrested for drug possession in our state, you could be looking at serious criminal penalties—potentially including a lengthy prison sentence. Did you know that you can be charged with and convicted of drug possession even…
In most criminal cases, whether a defendant is convicted or found innocent depends on the sufficiency of the evidence presented by both parties. If you are charged with a crime, it is important that any evidence that may be helpful to your defense be presented at your trial. Evidence is…
In order for a defendant to be able to stand trial, they need to be competent. Competency has many definitions, but for the purposes of Florida criminal law it is specifically defined in the statute. There is also a body of case law that has developed around competency and when…
“Innocent until proven guilty” is one of the foundations of our criminal justice system. It is not just an expression, but a requirement that the state have enough evidence against defendants to sufficiently prove whatever is alleged. Therefore, in order to convict someone for a crime, the state must prove…
The U.S. Constitution protects Americans against unreasonable searches and seizures by law enforcement. If evidence was gained by the police through illegal means, that evidence can be suppressed. Suppression means that the evidence cannot be presented in court. If evidence that should have been suppressed is presented, and there is…
Police officers must have reasonable suspicion to believe that you’re committing a crime in order to stop your car on the road. They need to have probable cause—a higher bar—to actually search the car. These are two important protections for anyone suspected of or charged with a Florida crime. But,…
If a police officer wants to stop you on the street, he or she has to have a reasonable suspicion to believe that you have committed or are committing a crime. A recent case out of Florida’s Second District Court of Appeals involving an alleged Tampa burglary crime is a…
Florida’s Stand Your Ground law gives criminal defendants immunity against prosecution if they meet the following three elements: the use of deadly force was (i) reasonable because deadly force was necessary to prevent imminent death or great bodily harm to the defendant or to prevent the commission of a forcible…
In criminal trials, the jury is asked to determine the guilt or innocence of the defendant. Jury instructions help the jurors make their decision within the framework of existing laws, and the criminal defendant is entitled to have the jury instructed in his or her theory of defense, assuming there…