Take two people, add one serving of summer spirit and a generous measure of alcohol, and you have a potentially dangerous cocktail. Summer in Florida can create the perfect circumstances for date rape claims when the boundaries get confused. Date rape is commonly used...
Criminal Defense
Your right to a phone call after an arrest
If you get arrested by the police, you’re going to start thinking about your rights. This may begin even before the arrest. For instance, you have a right to remain silent and you can ask the police if you’re being detained. They can’t illegally detain you or force...
Will Florida try to charge your teenager as an adult?
Youthful offenses, especially those that result in criminal charges, can have a way of coming back to haunt teenagers who make bad decisions later in life. Poor decision-making and teenage life are closely intertwined, and many teens learn to become better adults by...
Judge calls Florida statute on felons and voting an illegal poll tax
A federal judge just ruled as unconstitutional parts of a law passed by Governor Ron DeSantis. As written, it states that felons in Florida be required to pay back all of their court fees and fines along with any restitution owed to their victims before they’re...
Felon voting rights in Florida
People who have felony convictions in Florida have been fighting a long battle to be able to exercise the right to vote. In November 2018, an amendment to the state’s constitution was approved that made it possible for more felons to vote. At the time of the approval,...
Think You Can’t Be Tried for the Same Crime Twice? Think Again.
Recently, the Supreme Court reaffirmed a long-standing legal theory- the Constitution does not protect you from being prosecuted twice for the same incident; once in state court and once in federal court. For example, guns are regulated under both state and federal...
What is the knock-and-announce rule?
Police in Florida and throughout the U.S. are required to follow a procedure known as the “knock-and-announce” rule. It applies to officers who are executing a search warrant and bars them from immediately forcing their way into a dwelling. According to Cornell Law...
What you should know about domestic violence in Florida
Domestic violence is a continuing problem in Florida, as it is across the nation. Sections 741.28-741.31 of the Florida Code define domestic violence as any kind of assault and/or battery, simple, aggravated or sexual, perpetrated by one family or household member...
Florida’s changing marijuana laws
Laws surrounding marijuana have changed significantly in recent years. Florida is one of many states reconsidering the penalties for possession; some officials believe the consequences that come with minor drug offenses such as possession of marijuana are far too...
How Prosecutor Misstatements Overturn DUI Convictions
A defendant's right to a fair trial imposes important limitations on how prosecutors can characterize evidence or argue their case before the jury. If a prosecutor makes objectionable comments during trial, the court has wide discretion whether to let the comment...