Category Archives: Criminal Defense
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When Can You Challenge a Juror’s Selection in a Florida Criminal Trial?
The right to a trial by jury is one of the most important protections that an accused person has in Florida’s judicial system. Before any jury trial begins, both the state and the defense have the right to question prospective members of the jury panel. This process is known as voir dire, and its… Read More »
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What Are the Benefits of a “No Contest” Plea in Florida?
While every person charged with a crime has a right to their day in court, the reality is that the overwhelming majority of Florida criminal cases are resolved through a plea bargain. In many plea deals, the defendant agrees to plead guilty to a specified charge in exchange for certain consideration, such as a… Read More »
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Understanding Your Miranda Rights in Florida
Most people are familiar with the Miranda warning. If you have ever been arrested by the police–of for that matter watched a crime drama on television–you have heard the admonition that a suspect has the right to remain silent and the right to an attorney. So what do these rights remain in practice? Can… Read More »
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How Florida’s “Rape Shield” Law Can Affect Your Right to Defend Yourself
Sex crimes cases are, by their very nature, an emotionally charged affair for everyone involved. And in the state’s zeal to try accused rapists or sexual batterers, there is often a tendency to take shortcuts with a defendant’s constitutional rights. This includes the right to confront their accusers through cross-examination in court. You may… Read More »
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What Happens If You Tamper with Physical Evidence in a Florida Criminal Case?
There are a few things you need to keep in mind if you are ever arrested on suspicion of a crime in Florida. First, never try to tamper with potential evidence. If you intentionally alter or destroy any physical evidence, the state can charge you with a felony separate from the original charge. Second,… Read More »
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Can You Waive Your Right to a Jury Trial in a Florida Criminal Case?
Everyone accused of a criminal offense in Florida has an absolute right to trial by jury. This right is guaranteed in both the United States and Florida constitutions. In Florida, a person accused of a capital crime has the right to be tried by a jury of at least 12 persons; in all other… Read More »
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Can You Refuse a Field Sobriety Test in Miami?
When a police officer suspects someone of drunk driving, the officer will often ask the suspect to take one or more “field sobriety tests.” For example, the officer will instruct the suspect to close their eyes, tilt their head back, and attempt to touch their nose with one finger. If the suspect has difficulty… Read More »
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What Are the Differences Between Felonies and Misdemeanors in Miami?
When you are arrested on suspicion of committing a crime in Florida, you may be charged with a felony and/or a misdemeanor depending on the circumstances. Although misdemeanors are generally considered less serious than felonies, they still carry significant consequences for a conviction. In addition, there are different types or “degrees” of felonies and… Read More »
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Former Jacksonville Jaguars Executive Sentenced for Wire Fraud
Mail and wire fraud are two of the most common federal white collar criminal charges a person can face in South Florida. These crimes involve the use of a physical or electronic communications system to defraud another person. In many cases, mail fraud or wire fraud serves as an “add-on” charge with other white… Read More »
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Your Right to a “Probable Cause” Hearing Under Florida Law
If you have been arrested on suspicion of a felony in Florida, you typically have the right to a first appearance before a judge within 48 hours. At this first appearance, the judge will determine if there is probable cause to believe that a crime has been committed and that you committed said crime…. Read More »