Florida law includes a number of protections for minor children. That includes a broadly worded statute that makes it a crime to interfere with the custody of a minor. As Florida’s Third District Court of Appeal recently explained, that statute may apply to a wide range of behavior.A defendant was…
Tampa Criminal Lawyer Blog
Mental Health Issues in Florida Criminal Cases
Florida drug crime cases involving a defendant with mental and emotional conditions can raise a number of complicated legal issues. In some cases, a judge will hold a competency hearing to determine whether the person is mentally capable to stand trial. A recent decision out of Florida’s Fourth District Court…
Prosecutor’s Jury Statements Sink Florida Burglary Conviction
Anyone charged with a crime in Florida generally has the right to have the case decided by a jury. Closing arguments are an essential part of any jury trial. They allow lawyers for both sides one last opportunity to summarize the case for the people tasked with determining guilt or…
The Double Jeopardy Defense in Florida DUI Cases
The decision to get behind the wheel under the influence of alcohol or drugs is one that can have lasting consequences, both for the driver and for anyone else on the road. A DUI conviction in Florida means the possibility of steep fines, the loss of driving privileges, and jail…
Shoddy Jury Instructions Sink Florida Attempted Murder Conviction
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…
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…