Category Archives: Criminal Law
Socioeconomic Class And The Outcomes Of Criminal Cases
The real fun in hate watching content about wealthy people lies not in seeing all the things they have that you will never be able to afford, but rather in seeing the things that money cannot buy. Money cannot buy true friendship, and it cannot buy self-acceptance; you have as good a chance of… Read More »
Pathos, Logos, Ethos, And Your Criminal Defense Case
When you plead not guilty and your criminal case goes to trial, you are counting on your lawyer being able to persuade the jury that there is reasonable doubt about your guilt. How do lawyers make persuasive arguments? They do not do it by magic. Part of your lawyer’s success takes place before the… Read More »
When Does The Law Require You To Tell Police Your Name?
You have the right to remain silent, except when you don’t. It is possible to face criminal penalties for refusing to tell a police officer your name or to show a government-issued identification card in situations where the law requires this. Police officers have the right to ask you your name if they are… Read More »
Unlawful Carry Of Weapons
Last summer, Florida made news headlines for enacting a “permitless carry” law. Pursuant to the new law, you can carry a concealed firearm whether or not you have a permit, as long as you meet the eligibility requirements for getting a permit. Florida’s gun laws are notoriously lenient, but that does not mean that… Read More »
How Bad Is It If You Fail To Appear In Court?
This week, the Florida Man who is on everyone’s mind is Joseph Malinowski, nicknamed “Lieutenant Dan” after the tough as nails Vietnam War veteran from the movie Forrest Gump. Malinowski achieved fame by staying on his boat during Hurricane Helene and Hurricane Milton, while everyone else scurried for higher ground. Shortly after his image… Read More »
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 »
