Category Archives: Criminal
What Is a Brady Violation in a Florida Criminal Case?
Those facing charges in Florida have the right to a fair trial. However, this right is endangered when the prosecutor has access to information that can aid the defense but does not share it. At times, the failure to share this information may amount to what is called a Brady violation. Brady violations occur… Read More »
What Happens When a Defendant Is Found Incompetent to Stand Trial in Florida?
Those accused of crimes in Florida have to have the mental capacity to take part in the criminal process against them. This means understanding the nature of the allegations and being able to participate in your own defense. When an individual is unable to understand what’s going on around them or assist their attorney,… Read More »
What Is a Motion to Suppress Evidence in Florida and When Can It Change the Outcome of a Case?
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 »
Florida Probation Violations: What Happens If You Miss a Meeting or Fail a Drug Test?
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 »
What Happens If a Witness Refuses to Testify in a Florida Criminal Case?
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 »
How Police Use License Plate Readers in Florida Criminal Investigations
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 »
Can a Criminal Record Be Sealed or Expunged in Florida? Understanding Your Options
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 »
Accomplice Liability in Florida: When Can You Be Charged for Someone Else’s Crime?
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 »
When Can a Crime Be Charged as a Hate Crime in Florida?
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 »
How Long Can Police Keep Property Seized During a Criminal Investigation in Florida?
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 »
