Category Archives: Criminal Law
Opening Statements At Criminal Trials
In eighth grade, you learn that the first paragraph of an essay should contain a thesis statement, usually preceded by some introductory remarks that lead up to it. Teachers who have read enough such essays tend to joke that this rule leads to students beginning their essays with sentences like, “Throughout history, students have… Read More »
What Is The Difference Between A Question Of Law And A Question Of Fact?
In criminal trials, the role of the judge is different from the role of the jury. The case has not proceeded according to the dictates of the law or of justice if the judge or jurors overstep their roles. Jurors are supposed to be completely unbiased for or against the defendant. They must simply… Read More »
Jury Instructions In Florida Criminal Cases
Movies and true crime documentaries tend only to show the most interesting parts of criminal proceedings. Witnesses delivering chilling accounts of the crimes they witnessed make for good television, and so do compelling closing arguments that leave just enough room for reasonable doubt. By contrast, audiences are generally uninterested in watching lawyers bicker about… Read More »
Turning Yourself In After An Arrest Warrant Does Not Mean Surrendering To Your Fate
In action movies, when a court issues a warrant for the arrest of a defendant, the action usually picks up. The defendant knows that he is only one traffic stop or only one chance encounter with a police officer in a mall away from getting hauled off to jail. Therefore, the defendant tries everything… Read More »
Nolle Prosequi And Other Anticlimactic Endings To Your Criminal Case
How would you feel if you were facing criminal charges, preparing for trial or trying to decide whether to accept a plea deal, and suddenly your criminal defense lawyer called you to tell you that your case was over? Until you enter a guilty plea or until the jury returns a verdict at your… Read More »
The Lack Of Criminal Intent Defense
Long before you were old enough to be tried as an adult in the criminal justice system, an authority figure such as a parent or teacher probably told you that ignorance of the law is not an excuse for breaking it. There are no crimes where you can be acquitted simply by proving that… Read More »
Is It A Good Idea To Testify At Your Own Criminal Trial?
Defendants in criminal cases have the right to remain silent. They also have the right to tell their side of the story. Deciding whether to testify at your own criminal trial is a big decision, as big as the decision regarding whether to plead not guilty and go to trial or to plead guilty… Read More »
Eyewitness Testimony Is Overrated
If you have gotten far enough in your criminal case that you have met with a defense attorney, then you probably know that most defendants plead guilty, and only a small percentage of cases go to trial. Some defendants plead guilty because they readily admit fault and believe that, since a guilty plea usually… Read More »
Can Defendants Win Their Case At The Preliminary Hearing?
When you first meet with a criminal defense lawyer after an arrest, you might be hoping that your lawyer will help you by persuading the jury to acquit you at your trial. The chances are that your lawyer will not do this, because trials are only the outcome in a small fraction of criminal… Read More »
When To Speak And When To Stay Silent In Your Criminal Case
Even though you probably already know that you have the right to remain silent while being questioned by police, the officer who arrests you must inform you of this upon your arrest, as part of the Miranda warnings. The police might try to charm you into talking. They might make friendly conversation or start… Read More »
