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Category Archives: Criminal Law

Crime2

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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CrimDefLawyer

Florida Supreme Court Throws Law into Chaos by Removing Unanimity Requirement for Death Penalty

By William Wallshein P.A. |

A recent ruling out of the Florida Supreme Court indicating that it erred in 2016 when it ruled that a jury must be unanimous in sentencing a defendant to death has a number of criminal defendants and criminal justice advocates concerned and has unquestionably muddled existing law, leaving many wondering whether the state legislature… Read More »

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Homeless

U.S. Supreme Court Leaves Ruling Barring Prosecution of Homeless in Place

By William Wallshein P.A. |

In December, by refusing to hear one state defense of regularly prosecuting the homeless for sleeping in public areas, the US Supreme Court essentially upheld a lower court’s finding that this practice violates the Constitution‘s ban on cruel and unusual punishment. In doing so, the Court essentially declared that individual constitutional rights trump cities’… Read More »

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CrimJustice

First Person Charged & Convicted Under Florida’s New ‘Red Flag’ Law

By William Wallshein P.A. |

The first person charged under Florida’s new ‘red flag’ law – passed in an effort to prevent another Parkland school shooting – was found guilty in December. The law allows law enforcement to confiscate an individual’s weapons if they deem that the individual poses a danger to themselves or others. It also allows them… Read More »

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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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