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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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Constructive Possession in Florida Drug Cases: How Prosecutors Try to Prove It

By Luke Newman, P.A. |

“Possession of drug” offenses under Florida law do not necessarily depend on finding drugs on one party’s person, or in their bag. Prosecutors can base their arguments on something called “constructive possession.” Oftentimes, they’ll ask who the drug belongs to. If no one responds, they can charge everyone in the vicinity with possession of… Read More »

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Stand Your Ground in Florida: When Self-Defense Becomes a Criminal Case

By Luke Newman, P.A. |

Stand Your Ground is one of the most debated self-defense laws in the State of Florida. Many people know the term, but they might be unsure about how the law functions and its proper application. There are instances where those who claim self-defense will still be arrested and charged with a crime even after… Read More »

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Constructive Possession in Florida: When Drugs Aren’t Yours But You’re Still Charged

By Luke Newman, P.A. |

In Florida, you can be charged with drug offenses without ever having been caught with any drugs in your possession. This is known as constructive possession, which enables law enforcement officials to charge people with possession crimes regardless of whether or not they actually had the substance on them. In this article, we’ll discuss… Read More »

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How Do Search Warrants Get Challenged in Florida Criminal Cases

By Luke Newman, P.A. |

Search warrants are key tools in criminal investigations. They allow police officers to enter any property and take possession of evidence. There are situations when a search warrant is declared invalid by the courts, and the evidence seized cannot be used in court proceedings against the accused. Knowing why a search warrant might be… Read More »

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GunOwnership

Florida Gun Charges Explained: When Legal Ownership Still Leads to Arrest

By Luke Newman, P.A. |

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 »

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Intent

What Is “Intent” in Florida Criminal Law—and How Prosecutors Try to Prove It

By Luke Newman, P.A. |

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 »

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Crim Court

What Happens at a First Appearance Hearing in Florida?

By Luke Newman, P.A. |

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 »

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Constructive Possession in Florida Drug Cases: How Prosecutors Try to Prove It

By Luke Newman, P.A. |

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 »

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PoliceCell

Can Police Search Your Phone During a Traffic Stop in Florida?

By Luke Newman, P.A. |

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 »

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