Category Archives: Criminal
Federal Versus State Criminal Charges: What’s the Difference and Why It Matters
Have you been arrested or charged with a crime in Florida? If so, one of the first questions you may have to answer is whether your case will be prosecuted in state court or federal court. While both systems enforce criminal laws, there are important differences in procedures, penalties, and resources. Understanding the differences… Read More »
White Collar Crimes in Florida: Charges, Investigation, and Defense Strategies
White-collar crime is a general term that refers to non-violent offenses usually committed for financial gain. In Florida, these cases can involve complex financial transactions, paper trails, and lengthy investigations by either the state or federal authorities. While these crimes are non-violent, the consequences can be serious. Often, they include prison time, steep fines,… Read More »
Withhold of adjudication: what does that mean?
In Florida, criminal cases can be disposed of (sentenced as) either: a) adjudication of guilt -or- b) withhold of adjudication. A common client question is: “What does that mean?” or “What’s the difference?” I decided to write this explanation and host it on my website. The explanation is for clients who are considering Florida… Read More »
Understanding Felony Murder Charges in Florida
Felony murder is a controversial rule that allows state prosecutors to file murder charges against an individual even if they didn’t intend to kill anyone. The rule can be found in Florida Statutes § 782.04. Essentially, the rule allows prosecutors to charge an individual with murder if someone is killed during the commission of… Read More »
Understanding Florida’s Stand Your Ground Law
Florida’s Stand Your Ground law is infamous across the country. It is one of the most widely discussed laws in the United States. Unfortunately, it’s misunderstood. Many people believe that it gives you a license to kill. It doesn’t. What it does do is remove your duty to retreat if you are under threat…. Read More »
What Happens After a Domestic Violence Arrest in Florida
Have you been arrested for domestic violence in Tallahassee? If so, you’re probably scared about what happens next. Indeed, a domestic violence arrest can be a life-altering event. When emotions are high and the facts are unclear, law enforcement must make a quick decision that can have serious consequences. Many are surprised to learn… Read More »
Warrantless Blood Draws in Florida DUI Cases
In 2013, the Supreme Court decided a case known as Missouri v. McNeely. This case pitted Fourth Amendment protections against the needs of police officers when conducting DUI arrests. Could police officers demand the blood of an arrestee who was apparently under the influence for a DUI crime? Initially, the Missouri police were conducting… Read More »
Can I Withdraw a Guilty Plea After Sentencing in Florida?
Yes, in Florida, it is possible to withdraw a guilty plea after you’ve been sentenced. However, it is considerably more difficult than withdrawing the plea prior to sentencing. First, you must file a motion to withdraw plea within 30 days of the sentence and demonstrate that a “manifest injustice” would occur if the plea… Read More »
Can Florida Law Enforcement Compel Me to Turn Over the Contents of My Cellphone?
Generally speaking, law enforcement officers can’t just demand your cellphone to check and see if you did anything wrong. They must have a reasonable suspicion that there’s something on the cellphone that warrants, well, a warrant. The Fourth Amendment prohibits “fishing expeditions” to determine the guilt of an individual. Generally speaking, law enforcement requires… Read More »
Understanding Florida Sex Offender Classifications
Florida sex offenders are classified into two categories. These include sexual offenders and sexual predators. Such classifications are determined based on the severity and nature of the offense, as well as the defendant’s criminal history. Both of these classifications require registration with the Florida Department of Law Enforcement (FDLE). In other words, either classification… Read More »
