Recent Blog Posts
How the Insanity Defense Works in Miami Homicide Cases
Television and film portrayals of the criminal justice system often like to use the insanity defense as a dramatic storytelling device. In the real world, however, insanity defenses are rarely used and often carry significant consequences even when a defendant is found not guilty of the underlying crime. Indeed, a successful insanity defense often… Read More »
Parking in a Handicapped Spot Can Lead to a Drug Arrest in Miami
A traffic stop is considered a “seizure” for purposes of the Fourth Amendment to the United States Constitution. This means that the police must have “probable cause” to believe the driver has committed some traffic violation before initiating the stop. Absent such probable cause, any incriminating evidence obtained from the driver or their vehicle… Read More »
Can the Police Detain You in Order to Conduct a “Dog Sniff” of Your Car?
Police officers frequently use K-9 units to perform “dog sniffs” of a suspect’s car for the possible presence of illegal drugs. But as the United States Supreme Court has explained, absent “reasonable suspicion” of criminal activity, a police officer may not extend an otherwise routine traffic stop in order to conduct a drug sniff…. Read More »
Do the Police Have to See You Commit a Misdemeanor Before Arresting You?
The Fourth Amendment to the United States Constitution generally forbids law enforcement from arresting individuals without a warrant unless there is “probable cause” to support such an arrest. Florida law further states that a police officer can only make a warrantless arrest for a misdemeanor offense when it is committed “in the presence of… Read More »
Florida Appeals Court Holds Pretrial Release Restriction Unconstitutional
If you are arrested for a crime in Florida, state law entitles you to a first appearance hearing before a judicial officer within 24 hours. At a first appearance, the court must advise the defendant of their constitutional rights. The court will also set the defendant’s initial bail. In most non-capital cases, everyone charged… Read More »
Arguing Self-Defense in a Florida Murder Trial
Generally speaking, when you are on trial for a criminal offense in Florida, you have the right to present any theory to the jury so long as there is some evidence to support it. For example, if you claim you acted in self-defense in shooting someone, you can ask the judge to instruct the… Read More »
Can the Police Record Your Conversations With Another Suspect?
It is well understood that Florida law enforcement must advise a criminal suspect of their right to remain silent prior to a custodial interrogation. This is part of the famous Miranda warning. But what about a situation where you are in police custody and make a potentially incriminating statement to a fellow suspect? Could… Read More »
When Is Child Hearsay Admissible in a Florida Sex Crimes Prosecution?
Under Florida law, hearsay evidence is inadmissible in most criminal cases. Hearsay refers to any out-of-court statement used to prove the truth of the matter asserted. To give a simple illustration, a witness in a criminal trial can testify as to what the defendant told them. But the witness could not testify as to… Read More »
What Is “Reasonable Doubt” in a Florida Criminal Trial?
You have likely heard the phrase “reasonable doubt” used in connection with criminal trials. This refers to the prosecution’s burden of proof when attempting to convict a defendant of a criminal charge. The trier of fact–a jury, or a judge sitting alone–must determine whether the state has proved the defendant’s guilt on each element… Read More »
How “Ineffective Assistance of Counsel” Can Affect Your Right to a Fair Trial in Florida
We all make mistakes in the course of our daily lives. This includes mistakes made in doing our jobs. Of course, when your job is defending someone accused of a serious crime, a mistake can prove costly for the defendant. Many Florida criminal appeals are based on allegations of “ineffective assistance of counsel.” Essentially,… Read More »
