Conspiracy is a common charge in Florida drug cases that generally refers to an agreement between two or more people to commit a crime. Many conspiracy cases succeed or fail based on whether prosecutors can actually prove such an agreement. As Florida’s Second District Court of Appeal recently explained, however,…
If you are convicted of a Florida theft crime, the sentencing stage can have a huge impact on not only your future but also your family’s future. Probation and alternative sentences are often available in criminal cases. Even if you’re looking at prison time, it’s important to make the strongest…
Florida law is often strict when it comes to doling out punishments for crimes, even when the person charged is a juvenile. Although the U.S. Supreme Court has established some limits on harsh sentencing for people under the age of 18, states still have a lot of leeway to put…
The term “gun possession” may seem like a pretty straightforward one. Florida’s Second District Court of Appeal recently explained, however, that there are many ways in which a person may be considered to “possess” a firearm. Even if the person isn’t actually holding the gun, he or she may be…
One of the most important things that anyone charged with a Florida theft crime should know is that the burden is at all times on prosecutors to prove beyond a reasonable doubt that you committed the crime. That means they have to prove more than just a hunch, and they…
State and federal criminal laws often overlap and intertwine, particularly when it comes to drugs and guns. Law enforcement of every stripe takes these cases very seriously, but federal laws tend to be significantly harsher. In a recent Central Florida gun crime case, a federal district court upheld the U.S. government’s…
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…
At trial, the prosecution is required to prove, beyond a reasonable doubt, all of the elements of the crime charged against the defendant. A Fourth District Court of Appeals decision, J.S., a Child v. State of Florida, analyzed whether the prosecution had met its burden of proof in convicting a juvenile of…
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 what is described as an emerging trend by the Tampa Bay Times, lawmakers are starting to either repeal mandatory minimum sentences or pass “safety valve” laws. The latter provides judges with more discretion in imposing a variety of punishments in minor drug cases, if certain conditions are met. These…