Category Archives: Criminal Law
Smartphone Searches And The Fourth Amendment
Things can quickly go from mildly annoying to disastrous at traffic stops. One minute you make an illegal turn, and the next thing you know, police K9s are pointing at your pills that you thought were Xanax, but now the crime lab is saying that they were fentanyl, and all because a cop insisted… Read More »
Prosecutorial Misconduct And Florida Criminal Cases
In most contexts, two wrongs don’t make a right. If your brother complains to your mother that you hit him, and you protest, “He hit me first,” your mother’s response will probably be that you are both wrong. In divorce cases where both spouses had extramarital affairs, the court does not automatically award the… Read More »
Nebbia Holds
Whether the state allows you to post bail or keeps you detained until trial is mostly beyond your control, although legal remedies are available if the state keeps you detained unfairly when you have not been convicted of a crime. Some people want to abolish cash bail entirely, while the Bill of Rights only… Read More »
Could You Be Extradited From Florida To Another Jurisdiction?
South Florida is a gateway to the world. Just look at the array of languages and national flags in Sawgrass Mills mall. While we are on the subject of Sawgrass Mills, South Florida is where people go to be seen and to bend the rules; it is also where people have close encounters with… Read More »
Habeas Corpus And Florida Criminal Cases
The confusing thing about legal terms is not that they are in Latin, but when you translate them into English, it is still not always clear. For example, “habeas corpus” means “you shall have the body,” but which body is it, and what does it mean to have it? Doesn’t everyone have a body? … Read More »
Yes, You Can Get Criminal Charges For Not Taking Care Of Your Pets
Taking care of a pet is a big responsibility, as parents remind every fourth grader who insists that he can take care of that adorable bunny, hamster, or iguana in the pet shop window all by himself. When kids fail to provide adequate care for pets, the parents usually rise to the occasion, grumbling… Read More »
Your Employer Can Take Adverse Actions Against You Even Before A Jury Finds You Guilty Beyond A Reasonable Doubt
You can sue your employer for employment discrimination if your employer takes an adverse action against you because of a protected characteristic, such as your race, age, sex, national origin, religion, family status, or disability. Likewise, you can sue for retaliation if your employer fires you for engaging in a protected activity such as… Read More »
Is It A Crime If Other People Think That You Are A Narcissist?
One of the scariest parts of facing criminal charges are when your personal enemies go to the witness stand and say terrible things about you. Yes, your lawyer can cross examine them and make closing arguments that cast doubt on their credibility; if the witness was once a co-defendant, you have the right to… Read More »
Why Would Someone Waive The Right To A Jury Trial?
Disputes over the validity of evidence, and sometimes even appeals of verdicts that have already been returned, occur when the state does not notify defendants in criminal cases of their rights or when defendants waive those rights as a result of deception or duress. For example, courts have overturned convictions on appeal in cases… Read More »
Is A Mistake Of Fact Defense Your Ticket To An Acquittal?
Law students realize, by the time they finish their first semester course on criminal law, that the ways you can legitimately cast doubt on a defendant’s guilt are virtually endless. From alibis to prosecution witnesses with ulterior motives to unfairly obtained evidence, defenses go well beyond saying, “I didn’t do it.” You could spend… Read More »
