Recent Blog Posts
Florida Gun Charges Explained: When Legal Ownership Still Leads to Arrest
The State of Florida supports the right of citizens to have weapons. But being able to legally buy and use weapons does not necessarily exempt you from being accused of a crime. On the contrary, there are plenty of people who do not realize they can be detained despite their compliance with the law…. Read More »
What Is “Intent” in Florida Criminal Law—and How Prosecutors Try to Prove It
In a lot of criminal prosecutions in Florida, the entire case boils down to one element: intent. While it may be necessary for the prosecution to demonstrate the commission of an act by the accused, the prosecution must also establish the intent behind the act. Intentions, by their nature, are subjective thoughts, and it… Read More »
What Happens at a First Appearance Hearing in Florida?
Being arrested can be very confusing for people, especially those who are not familiar with the process. The first step in Florida after an arrest is a first appearance hearing. This hearing is a very important part of a criminal proceeding because it decides how a criminal proceeding will go and whether the defendant… Read More »
Constructive Possession in Florida Drug Cases: How Prosecutors Try to Prove It
It’s important to understand that drug possession charges in Florida do not necessarily mean that the drug is found on the person. In many cases, the law allows prosecutors to use the legal term “constructive possession” to prosecute a person even if the drug is not found on the individual. Therefore, it is important… Read More »
Can Police Search Your Phone During a Traffic Stop in Florida?
Our cellphones contain a great deal of information about us. From private messages and photos to financial information and location data, smartphones contain more sensitive information than most physical objects that people carry. Because of this, the law is much stricter in cases where the police are allowed to search your phone. If you… Read More »
Luke Newman Featured on Yahoo.com in Coverage of YNW Melly Case
Criminal defense attorney Luke Newman was recently referenced on Yahoo.com in an article covering rapper YNW Melly’s ongoing legal proceedings. The piece, published by TCPalm / Treasure Coast Newspapers and syndicated to Yahoo, discussed the rapper’s April 30 hearing in Broward County court, which included an Arthur Hearing. This is a critical legal procedure… Read More »
Stand Your Ground in Florida: When Self-Defense Becomes a Criminal Case
It’s no secret that the Stand Your Ground law in Florida is one of the most discussed, yet misunderstood, laws in our state. Many believe that the law permits an individual to defend themselves at any time they feel threatened. However, the reality is that Florida has very specific requirements for when an individual… Read More »
How Criminal Appeals Work in Florida: A Plain-Language Guide
While it can be assumed that once a defendant in Florida has been convicted of a crime, the process is essentially “over”. But this is not always the case. In Florida, a defendant has a right to a specific process of appeals in which he or she can challenge any potential error of law,… Read More »
Mandatory Minimum Sentences in Florida: What You Need to Know
Florida is known for having some of the toughest sentencing laws in the country, especially with its mandatory minimum sentences. These rules take a lot of discretion away from the judge and can lead to very harsh prison sentences, including for first-time offenders. Knowing how mandatory minimum sentences work is essential for anyone facing… Read More »
Expungement and Record Sealing in Florida: Myths vs. Facts
A criminal record can haunt an individual far beyond the trial. In Florida, record sealing and expungement are avenues that can reduce public access to your criminal record. Misinformation is prevalent with regard to these avenues. Knowing the myths and facts can help an individual make the most appropriate decision for their future. Myth… Read More »
