Category Archives: Criminal Law
Florida House Bill 675: Indecent Exposure Definitions
Florida House Bill 675, introduced by Representative Amy Mercado, is an update to Florida indecent exposure laws. It expands the definition to encompass any display of nudity in a public setting. HB 675 also makes certain acts of exposure a felony and allows the police to arrest a suspect without a warrant and without… Read More »
Criminal Cases and Diversion Eligibility
Were you recently arrested for a misdemeanor offense, and not sure what your next step should be? Were you arrested for driving while suspended, or is your child facing criminal charges? If so, you may be eligible for entry into a diversion program. Florida Pretrial Diversion programs are designed to route defendants to a… Read More »
The Confusion Over When Discipline & Spanking Turn into Child Abuse Accusations
There is no question that parenting during the pandemic has been difficult for many, especially divorced or otherwise separated parents who disagree with each other about issues related to raising their child, such as corporal punishment. Even though 65 to 80 percent of US parents spank their children, sometimes disagreements between parents over issues… Read More »
Florida Supreme Court Asked to Review Case Involving Synthetic Marijuana Manufacturer Assigned Partial Fault for Homicide
In late August, family members of three people who were killed in an accident by a driver who was allegedly high on synthetic marijuana (known as “spice”) and was speeding, asked that the Florida Supreme Court review an appeal of a case that could have significant consequences for criminal defendants who end up committing… Read More »
New Study Reveals That Police Exhibit “Persistent Racial Bias” In Traffic Stops, Searches & Seizures, Which Has Significant Implications for Drug Arrests & Charges
According to a new study, regardless of whether a police officer is from a municipal police department, or state patrol agency, the decisions that they make to pull over and search motorists are often affected by “persistent racial bias,” whereby not only are Black drivers more frequently pulled over due to their race, but… Read More »
Public Defenders Lack Access to The Resources Necessary to Keep Innocent People Out of Jail
Although in America, citizens who are accused of crimes are supposed to have an advantage because the burden of proof is on the state of prosecution, in practice, this is not the case, and the government often has the edge because they cannot only issue subpoenas, compel testimony, and pressure defendants to enter into… Read More »
Florida Supreme Court Reverses Yet Another Decision, This Time Opening Door to Mentally Disabled Being Executed
In late May, the Florida Supreme Court reversed yet another one of its previous decisions; this time involving capital punishment and intellectual disabilities, opening the door to allowing defendants with mental disabilities who were previously sentenced to death under an unconstitutional state law to still be executed even though the US Supreme Court ruled… Read More »
Fifth Circuit Reverses Murder Conviction of Florida Man Who Shot Deputy Defending His Niece
In April, a Fifth Circuit Court of Appeals ruled that a Florida man convicted of premeditated first-degree murder of a law enforcement officer while discharging a firearm was innocent due to Florida’s ‘Stand Your Ground’ law in an important ruling reinforcing homeowners’ rights when it comes to Florida’s laws on justifiable use of force…. Read More »
Coronavirus-Related Criminal Charges On the Rise
Anxiety levels are understandably high as the coronavirus pandemic sweeps through the U.S. and the rest of the world, with approximately one million infected as of early April. As a result, states such as Florida have issued Stay-at-Home Orders, and law enforcement is taking these orders seriously, arresting those who violate them by holding… Read More »
11th Circuit Rules That Crime Victims’ Act Is Not Triggered Unless Criminal Charges Have Been Filed
In mid-April, the Eleventh U.S. Circuit Court made a decision upholding the non-prosecution agreement entered into between Jeffrey Epstein and the U.S. Attorney’s Office for the Southern District of Florida, which also effectively decided that the Crime Victims’ Rights Act (CVRA) was never in effect and Epstein’s victims did not have the right to… Read More »
