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Category Archives: Criminal

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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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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