Category Archives: Criminal Law
In Florida, Criminal Defendants Can Be Convicted Without First Being Able to Challenge Computer Programs That Falsely Identified Them
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 »
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
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 »
The “Alternative Facts” Issues With Our Criminal Justice System
Ten years ago, the National Academy of Sciences sounded the alarm on the shortcomings of forensic science techniques and how they have led to the wrongful conviction of a number of defendants in our criminal justice system. Since then, a number of follow-up studies have been done, revealing a consistent pattern of crime lab… Read More »
“Gay and Transgender Panic Defense” Could Soon No Longer Be Available To Criminal Defendants
The “gay and transgender panic” criminal defense has been around for a long time, dating back to homosexuality being listed in the Diagnostic Manual of Mental Disorders. Extremely controversial, the defense effectively allows a murder conviction to be downgraded to manslaughter, negligent homicide, or another lesser charge if the defendant claims that they suffered… Read More »
When Defamation & Free Speech Turns Into a Crime
While many people assume that defamation is an issue for civil court, in fact, a number of states also have laws that make defamation a criminal act, including in Florida. In Florida, any person convicted of the publication of libel is guilty of a first degree misdemeanor, and that includes the owner or editor… Read More »
The Importance of the Fifth Amendment in Criminal Law
As attorneys who regularly represent clients accused of crimes here in Florida, one of the first pieces of advice that we find ourselves having to remind our clients is to exercise their Fifth Amendment rights; but what, exactly, does this mean? The Fifth Amendment encompasses your right to remain silent, and it is one… Read More »
ABA Looks to Enforce the Inclusion of Miranda Warnings in Other Languages in Police and Law Enforcement Policies
In the United States, citizens enjoy fundamental rights, as outlined in the Constitution. The purpose of the Bill of Rights was to ensure that all citizens were aware of their fundamental rights as citizens and the role that the Government was permitted to have in their lives. Case law has helped in determining the… Read More »
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 »
