Close Menu
West Palm Beach Criminal & Family Lawyer
Schedule a Free Consultation Today! 561-533-1221

Category Archives: Criminal Law

Justice4

The “Alternative Facts” Issues With Our Criminal Justice System

By William Wallshein P.A. |

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 »

Facebook Twitter LinkedIn
CrimLaw9

“Gay and Transgender Panic Defense” Could Soon No Longer Be Available To Criminal Defendants

By William Wallshein P.A. |

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 »

Facebook Twitter LinkedIn
Defense

When Defamation & Free Speech Turns Into a Crime

By William Wallshein P.A. |

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 »

Facebook Twitter LinkedIn
Arrested

The Importance of the Fifth Amendment in Criminal Law

By William Wallshein P.A. |

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 »

Facebook Twitter LinkedIn

ABA Looks to Enforce the Inclusion of Miranda Warnings in Other Languages in Police and Law Enforcement Policies

By William Wallshein P.A. |

In the United States, citizens enjoy findamental 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 »

Facebook Twitter LinkedIn

New Florida Law Prosecutes Fentanyl Dealers as Murderers

By William Wallshein P.A. |

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 »

Facebook Twitter LinkedIn

The Future of Deportation, Ineffective Assistance, and Plea Deals to Be Reviewed by the United States Supreme Court

By William Wallshein P.A. |

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 »

Facebook Twitter LinkedIn

Miranda Rights in Florida

By William Wallshein P.A. |

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 »

Facebook Twitter LinkedIn

Conspiracy and Drug Offenses

By William Wallshein P.A. |

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 »

Facebook Twitter LinkedIn

Loitering or Prowling

By William Wallshein P.A. |

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 »

Facebook Twitter LinkedIn