In the United States, criminal defendants do have the right to defend themselves. However, a United State Supreme Court case called Faretta clarified that a defendant’s waiver of counsel is only valid as long as it is knowingly and intelligently made. Essentially, a defendant needs to be competent enough to…
In order to stand trial, the defendant must be competent. The bar for competency is pretty low in a criminal proceeding, however. The defendant needs to be able to have enough rational understanding to be able to aid their lawyer in their own defense, and they must have a rational…
When you work with a skilled Tampa criminal defense attorney there are several ways that they can help you after you have been charged with a crime. They can help defend you against the charges. They can also help you negotiate a plea bargain with the prosecutor. Another thing that…
Most of the time, when a defendant pleads guilty, they are unable to later take back their plea and decide to go to trial. However, there are some circumstances when Florida law will allow a defendant to withdraw a guilty plea that they have already given and allow the defendant…
Courts in the United States will look very closely at allegations of prejudice during a trial. In the courtroom, prejudice does not always mean the same things that it means outside of the courtroom. Generally, prejudice involves prejudging someone based on stereotypes or preconceived notions about who they are, often…
One of the things that makes the law so complicated is that words need to be specifically defined. For example, the word “possession.” Outside of the legal context, it’s usually clear when someone is in possession of something and when they are not. However, when jail time and other serious…
Just because you are charged with a crime does not mean that you will be convicted. Many times the police, District Attorney, or other people involved in your case will make a mistake. Luckily, if you have a knowledgeable Tampa criminal defense attorney on your side they can advocate for…
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…
In the United States, the police are not just able to search anyone at any time. The Constitution – specifically the Fourth Amendment – guarantees that individuals are free from illegal search and seizure. If you are searched illegally, there is not usually anything you can do about it in…
“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…