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What Is a Motion to Suppress Evidence in Florida and When Can It Change the Outcome of a Case?

By Luke Newman, P.A. |

Evidence forms the basis of any criminal proceeding. Unfortunately, not all evidence is collected legally. In cases where evidence is collected by violating an individual’s constitutional rights, a criminal defense lawyer can file for the exclusion of such evidence via a motion to suppress. In most instances, the filing of a successful motion to… Read More »

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Florida Probation Violations: What Happens If You Miss a Meeting or Fail a Drug Test?

By Luke Newman, P.A. |

The decision to place someone on probation rather than incarcerate them means there is a chance to forge a new beginning. This is because being on probation involves following very strict conditions, and even a minor violation of these terms can lead to severe penalties. It is therefore important to know the process involved… Read More »

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What Happens If a Witness Refuses to Testify in a Florida Criminal Case?

By Luke Newman, P.A. |

Witness testimony can at times be a key element in the prosecution of a crime. In some cases, the witness will be the victim of the alleged crime, an eyewitness, or someone who knows something about the crime. However, what if the witness does not want to testify? The answer to this question can… Read More »

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How Police Use License Plate Readers in Florida Criminal Investigations

By Luke Newman, P.A. |

License Plate Reader (ALPR) technology is increasingly used in criminal investigations in the State of Florida. This technology assists police in locating vehicles that have been involved in criminal activity, have been stolen, or have active warrants. Even though ALPR technology can be useful in some investigations, it is important to understand whether there… Read More »

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Can a Criminal Record Be Sealed or Expunged in Florida? Understanding Your Options

By Luke Newman, P.A. |

Having a criminal history will impact your life in many ways, even years after the matter has been resolved. Background checks by employers, landlords, licensing authorities, schools, and colleges are common, and sometimes even a criminal arrest that was not followed up with a conviction can show up on your criminal record. The good… Read More »

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Liability

Accomplice Liability in Florida: When Can You Be Charged for Someone Else’s Crime?

By Luke Newman, P.A. |

Most folks think that a person cannot be charged with a crime if they were not physically involved in unlawful activity. However, in Florida, this might not be true, since under Florida’s “principal” law, an individual who helps someone else commit a crime can be charged with criminal offenses, just like the one who… Read More »

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When Can a Crime Be Charged as a Hate Crime in Florida?

By Luke Newman, P.A. |

Certain criminal acts under Florida law receive harsher penalties when the defendant committed them out of bias or prejudice against the victim. Known as hate crimes, these charges include accusations that the offender was motivated by a particular quality of the victim as opposed to a purely selfish reason or profit motive. Even if… Read More »

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How Long Can Police Keep Property Seized During a Criminal Investigation in Florida?

By Luke Newman, P.A. |

When law enforcement seizes an individual’s property as part of a criminal investigation, most people believe that the items will be returned quickly, especially if no charges are filed against that person. However, it is not uncommon for law enforcement departments to retain seized items for weeks, months, or longer, depending on various factors…. Read More »

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Circumstantial Evidence

Can You Be Charged With a Crime Based Solely on Circumstantial Evidence in Florida?

By Luke Newman, P.A. |

Many believe that in order to convict someone of a crime, there has to be concrete evidence such as a confession, video footage, and/or eyewitnesses. In fact, the prosecution can bring forward criminal cases relying exclusively on circumstantial evidence. These types of cases may be more difficult to prove legally. For anyone charged with… Read More »

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Florida’s Principal Theory: How You Can Be Charged for a Crime You Didn’t Personally Commit

By Luke Newman, P.A. |

It may come as a shock to some, but under Florida law, a defendant can be charged with a crime even when they did not commit the crime personally. Using the theory known as “the principal theory,” you can be charged for committing a crime because you helped, induced, or assisted someone else in… Read More »

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