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Category Archives: Criminal Law

Arrested3

What Is The “Castle Doctrine” And How Is It Used in Criminal Trials?

By William Wallshein P.A. |

News headlines have been dominated by the trial of the police officer who allegedly shot what she thought was an intruder because she entered the wrong apartment and, believing it to be her own, mistakenly thought that someone had broken in. Although the incident and trial are located in Texas, Florida has a similar… Read More »

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CrimDef9

U.S. Supreme Court Considers Crucial Criminal Defendants’ Rights, Including Survival of Insanity Defense

By William Wallshein P.A. |

In October, the U.S. Supreme Court heard oral arguments in two very important criminal cases: Kahler v. Kansas, which examines whether states can legally eliminate the insanity defense, or whether that violates citizens’ eighth and 14th Amendment rights, and Ramos v. Louisiana, which considers whether the 14th Amendment requires states to guarantee the Sixth… Read More »

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Stand

Florida’s ‘Stand Your Ground’ Law Now On Trial

By William Wallshein P.A. |

We’ve previously discussed the requirements that go along with Florida’s ‘Stand Your Ground’ law, which effectively allows a person to be immune from criminal prosecution if they take lethal action against someone if the reasonably felt that it was necessary to prevent “great bodily harm” or “imminent death.” However, the trial of the notorious… Read More »

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CellPhone

Florida Appeals Court Rules That Defendant Does Not Have to Turn Over Cell Phone Passcode in Response to Warrant

By William Wallshein P.A. |

In June, one Florida appeals court made a very important decision in siding with a criminal defendant who refused to turn over his cell phone passcode to the police; even though they had first obtained a warrant. This is an issue with courts around the country, which are unquestionably struggling to find common legal… Read More »

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CrimDef6

New Data Indicates That Only Two Percent of Federal Criminal Defendants Go to Trial, And Most Are Found Guilty

By William Wallshein P.A. |

Recent data collected by the federal judiciary and analyzed by the Pew Research Center paints a bleak picture of a system that arguably denies justice to criminal defendants, especially when it comes to federal cases, in particular. According to the data, approximately 80,000 people were federal criminal defendants during the 2018 fiscal year, but… Read More »

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CrimLaw10

Florida Makes It a Crime to Own, Distribute, Etc. “Childlike Sex Dolls”

By William Wallshein P.A. |

In late May, Florida banned (i.e. makes it a crime to engage in) owning, distributing, and engaging in a number of other activities with respect to childlike sex dolls. Amongst other activities, the law prohibits someone from “knowingly having in their possession, custody, or control an obscene childlike sex doll” under the justification that… Read More »

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FacialRecog

Facial Recognition Programs—Although Never Mentioned in Court—Have Become a Routine Policing Tool

By William Wallshein P.A. |

Every year, more and more police departments around the country purchase and rely on facial recognition software in arresting people and accusing them of committing  crimes; in and outside of Florida. This market, which includes law-enforcement at local state and federal levels, is expected to reach $375 million by 2025. In a nutshell, facial… Read More »

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WhiteCollar4

A Look at Current White Collar Crime Prosecutions

By William Wallshein P.A. |

According to the latest statistics, the administration is now increasingly prosecuting white-collar crime. However, these prosecution numbers are still far below those seen during the 2008-2009 financial crisis. For example, no one at Wells Fargo faced any criminal charges thus far for creating deposit and credit card accounts for customers without their knowledge or… Read More »

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CrimDef4

In Florida, Criminal Defendants Can Be Convicted Without First Being Able to Challenge Computer Programs That Falsely Identified Them

By William Wallshein P.A. |

The Florida Supreme Court was recently petitioned to address an issue that has long violated the constitutional, due process rights of criminal defendants here in Florida. While in most states, defendants have the right to challenge the accuracy of a face recognition system that leads to criminal charges, in Florida, that has never been… Read More »

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Advocate

Two Proposed Bills in Florida Could Decrease the Number of People Charged with Felony Theft and Increase the Number of People Charged with Animal Cruelty

By William Wallshein P.A. |

Two bills proposed in the Florida legislature could make a significant difference when it comes to criminal charges. One would increase the value threshold that is required to charge someone with a felony for theft, while the other one punishes pet owners who abandon their pets during manmade or natural disasters, such as hurricanes,… Read More »

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