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…
Many states, including Florida, have special laws about assaults on emergency medical care providers. If an emergency medical care provider is battered while working in their capacity as a health care provider, then what would normally be a first degree misdemeanor becomes a third degree felony. The specifics of the…
As representatives of the State, prosecutors have special responsibilities that the defense does not have. Prosecutors are supposed to be on the side of justice, so they should look at the evidence with that goal in mind. If they find evidence that would tend to show that the defendant is…
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…
Florida cops and courts treat drug and other related crimes very seriously. A conviction can come with significant consequences, including long stretches behind bars and significant money penalties. Many drug cases also often involve the confiscation of money and other property seized by police officers during an investigation. As a…
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,…
The rule against hearsay essentially bans a person from testifying in court about what another person said outside of court if the testimony is meant to prove that the out-of-court statement is true. As Florida’s Third District Court of Appeal recently pointed out in a murder case, however, there are…
In Florida and elsewhere, probation is an alternative to prison time in which a person convicted of a crime is able to remain free, so long as he or she complies with certain terms and conditions. This is an attractive option for anyone charged with a crime in Florida because…
A recent Supreme Court decision is widely expected to make it easier for people wrongly convicted of Florida crime to get compensation. A later ruling out of Florida’s Fourth District Court of Appeal, however, makes clear that there are still strict time limits on efforts to get that compensation.Defendant was…