Jury instructions are a key part of any criminal trial in Florida. The way that a judge instructs the jury about the evidence and the legal requirements necessary to return a conviction can make or break a Florida homicide or other criminal case. As a recent case out of the…
Tampa Criminal Lawyer Blog
Sentencing Issues in Florida Prescription Drug Trafficking Cases
Drug trafficking cases are treated very seriously in Florida and often come with the possibility of significant prison time and fines. That includes mandatory minimum sentences that force judges to send offenders to prison for a certain amount of time. The punishments in drug cases vary, however, based on the…
Florida Court: Judges Can’t Look into Source of Bail Payments
A state appeals court in Lakeland recently issued an important decision that could have a significant impact on anyone charged with a Florida drug crime. The court pumped the brakes on what it called an increasingly common move to prevent a person charged with a crime from being released from…
Cops’ Hospital Interview Found Improper in Florida Murder Case
The right to legal representation is a central part of any criminal defense. Judges take this right very seriously, as a recent decision in a murder case from Florida’s Second District Court of Appeal shows.The defendant’s girlfriend was found dead in her home in Bradenton in June 2012. When they went…
Prison Video Confession Permitted in Florida Murder Case
If you are charged with a crime in Florida, you have the right to a fair trial and the presumption of innocence. A recent murder case in Miami tested the bounds of fairness and prejudice when the Third District Court of Appeal was asked to decide whether a jury should…
BB Gun or Handgun? Florida Supreme Court Weighs in on Armed Robbery Case
Florida criminal laws include quite a considerable number of lesser offenses when it comes to being charged with a crime. Getting a charge knocked down to a lesser offense can mean the difference between years behind bars and months in jail or simple probation, in some cases. The state Supreme…
The Right to a Lawyer in Florida Assault Cases
The right to an attorney is a crucial part of the American criminal justice system. The U.S. Supreme Court, in the groundbreaking Miranda case, made clear that criminal suspects have the right not to talk to cops without a lawyer by their side. As Florida’s Fourth District Court of Appeal…
Warrantless Car Search OK’d in Florida Drug Case
Search and seizure issues often come up in Florida drug crime cases. Generally, police are required to get a warrant from a judge in order to search a person’s home, car, or even cell phone records. In many cases, however, courts have said the warrant requirement may not be feasible.…
Florida Court Hits Brakes on Backpack Search in Drug Case
Federal and state laws substantially limit the circumstances in which police officers can search you or your stuff without a warrant. Those limits often come into play in Florida drug crime cases, in which debates over how the drugs in question were uncovered by the police can make or break…
Jailhouse Confessional Means Overturned Conviction in Florida Murder Case
Witness testimony can make or break a criminal case, whether it’s jay walking or manslaughter. In a recent case out of Florida’s Second District Court of Appeal, the court looked at a supposed jailhouse confession that seemed to exonerate a man who had already been convicted of murder.The defendant was…