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Category Archives: Criminal Law

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New Study Reveals That Police Exhibit “Persistent Racial Bias” In Traffic Stops, Searches & Seizures, Which Has Significant Implications for Drug Arrests & Charges

By William Wallshein P.A. |

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 »

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Public Defenders Lack Access to The Resources Necessary to Keep Innocent People Out of Jail

By William Wallshein P.A. |

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 »

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What’s Next for Qualified Immunity & The Many Criminal Defendants It Affects Each Year

By William Wallshein P.A. |

We’ve previously discussed qualified immunity, the legal doctrine essentially created by the US Supreme Court which shields government officials – typically law enforcement – from accountability after using excessive force and violating a defendant’s constitutional rights unless there is an already-existing judicial decision with substantially similar facts finding that an officer engaged in illegal… Read More »

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Florida Supreme Court Reverses Yet Another Decision, This Time Opening Door to Mentally Disabled Being Executed

By William Wallshein P.A. |

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 »

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Fifth Circuit Reverses Murder Conviction of Florida Man Who Shot Deputy Defending His Niece

By William Wallshein P.A. |

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 »

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Coronavirus-Related Criminal Charges On the Rise

By William Wallshein P.A. |

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 »

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11th Circuit Rules That Crime Victims’ Act Is Not Triggered Unless Criminal Charges Have Been Filed

By William Wallshein P.A. |

 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 »

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Supreme Court Opens the Door for States to Prosecute Illegal Immigrants, While Florida Fails to Address Issue of Inmates Serving Outdated Sentences for Drug Crimes

By William Wallshein P.A. |

Unfortunately, the beginning of March has already dealt a significant blow to criminal justice, both at the federal level and here in Florida: While the U.S. Supreme Court increased the ability for states to criminally prosecute illegal immigrants over work authorization fraud, overriding existing federal law in doing so, Florida lawmakers entered the final… Read More »

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U.S. Supreme Court to Hear Important Fourth Amendment Seizure Case Involving Excessive Force & Police Shootings

By William Wallshein P.A. |

In March, the U.S. Supreme Court will hear Torres v. Madrid, an important Fourth Amendment search and seizure case for which there is currently a split amongst the U.S. Court of Appeals, including the 11th Circuit (which covers Florida) and one that is very important to what is considered a “seizure” in criminal cases…. Read More »

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Florida Group Urges State Attorney General to Prosecute Schools Over Reading Materials

By William Wallshein P.A. |

It may soon be a crime to include certain types of materials in school curriculums here in Florida: In January, the Florida Citizens Alliance urged the state Attorney General to prosecute any schools that are making certain materials available to children; materials that it deems offensive because they include explicit sex scenes and information… Read More »

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