Category Archives: Criminal Law
New Florida Law Prosecutes Fentanyl Dealers as Murderers
A new Florida law that went into effect on October 1, 2017, now classifies drug dealers who peddle fentanyl under the trafficking and murder statutes. The first-degree murder section now includes verbiage related to adults who sell a lethal dose of fentanyl. This means a dealer who is convicted of first degree murder for… Read More »
The Future of Deportation, Ineffective Assistance, and Plea Deals to Be Reviewed by the United States Supreme Court
Dec 22, 2016 In the United States, we have structured our criminal justice system to be adversarial, meaning when a criminal defendant is brought in for trial, it is this defendant against the government. In a trial in which the defendant violated state law, the adversary would be the state, whereas if the defendant… Read More »
Miranda Rights in Florida
Aug 12, 2015 Anyone who is arrested in the United States has Miranda rights. This means that they must be advised of their Fifth and Sixth Amendment rights against self-incrimination and to have legal counsel available at the time of questioning. The Miranda Warning The term originated in 1966 U.S. Supreme Court case, Miranda… Read More »
Conspiracy and Drug Offenses
Aug 12, 2015 In Florida, in addition to being charged with a criminal offense such as theft or drug trafficking, a person can be charged with conspiracy to commit the crime. Conspiracy means plotting with one or more people to commit a criminal offense. Florida’s drug crimes statute specifically includes a provision addressing and… Read More »
Loitering or Prowling
Aug 04, 2015 In Florida, it is unlawful to act in an unusual or suspicious manner, causing a police officer to suspect that you are about to commit a crime. The facts of the case must reasonably create alarm and concern that the offender’s actions are an imminent threat to the public safety. The… Read More »
Criminal Trespass
Aug 04, 2015 In Florida, a person commits criminal trespass when he or she enters another’s property or remains on the property without the owner’s permission. A key requirement of trespass is that the person had notice that he or she was not supposed to be on the property, yet entered or remained on… Read More »
Sexual Battery
July 28, 2015 In Florida, assaults that are sexual in nature are punishable under the state’s sexual battery statute. A conviction for sexual battery can have lifelong consequences for both the victim and defendant, so it is vital that all parties have a sound understanding of the law in this area. If you have… Read More »
Violating a Release on Recognizance
July 20, 2015 Release on recognizance is an option offered to certain defendants, enabling them to avoid jail time while they wait for their first hearing without being required to post bail. Release on recognizance requires that defendants offer a written promise to the court agreeing to appear in court when ordered and to… Read More »
Florida’s Statutory Rape Law
July 20, 2015 The age of consent as it applies to sexual activity varies from state to state. Florida’s standard states that a child younger than 16 years of age is incapable of consenting to sexual relations. This means that any sexual activity with minors under the age of 16 constitutes statutory rape. The… Read More »
Social Hosts and Underage Drinking
July 14, 2015 Florida Open House Parties Law The use of illegal drugs and alcohol is dangerous and can cause serious harm. Drug and alcohol use at a young age can ruin lives, and Florida law particularly discourages their use by minors. Not only can juveniles be convicted of possession, but adults who furnish… Read More »
