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 law. In certain areas, state and federal law overlap-they prohibit the same conduct. But how do twin prosecutions actually happen? What are the factors that could lead someone to be prosecuted a second time over the same conduct? Terance Gamble's experience as a defendant sheds new light on the issue.
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.
Everyone makes mistakes, but not all Floridians understand the many phases young people can go through. Younger minds are susceptible to external influences, and can easily become wrapped up in a situation far too complex to understand. When a young person becomes involved in a juvenile crime, there are often many sides to the story.
A large majority of Florida adults can look back at their youth and agree that it contained a rough streak or two. Many can relate to situations in which they were harshly judged for poor decisions at a young age, and some even have experiences in juvenile detention and other correctional institutions.
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 against another that results in the victim’s physical injury or death. Domestic violence also can include stalking, false imprisonment, kidnapping, or threats of physical harm or death.
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 harsh. Yet even with the state's gradual shift toward legalization, there may still be a long way to go.
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 slide or declare a mistrial and force the State to start its case over in front of a new jury. However, if a prosecutor repeatedly makes inflammatory or misleading comments, the cumulative effects of those statements may require the defendant to receive a new trial.
A new case has come out of the circuit court in Miami denying the State's Motion to Obtain Oral Swabs from a gentleman who was charged with robbery of a drug store with a firearm. According to the State, he "gave a full post-miranda confession" and "lead officer to the location of a backpack which contained a plastic firearm and the stolen currency and the clothes he wore when the crime was committed."
Congratulations to Mr. Sheppard for being named Jacksonville's 2018 Lawyer of the Year in Criminal Defense: White Collar by Best Lawyers In America. This will be the fourth time Mr. Sheppard has been selected as Lawyer of the Year in his areas of practice, in recognition of his work in the areas of criminal defense, first amendment and employment law. In addition being named Lawyer of the Year, he was recognized this year in the areas of Appellate Practice, Criminal Defense, General Practice, Employment Law-Individuals and First Amendment Law. The firm has also been recognized as a Tier 1 law firm and individual members have been recognized in their areas of practice. While the firm appreciates such accolades, we are mindful that our greatest reward is assisting people in their time of legal need and vigorously defending their cases.
The use of dogs to sniff out contraband remains one of the most frequent methods by which police discover contraband in vehicles traveling on the highway. The Supreme Court has allowed such searches in limited circumstances, but only in those instances where there is not a delay between the stop and the dog's arrival. Anything beyond a brief delay constitutes a seizure, which requires probable cause to be lawful. This "time-limiting doctrine" was firmly adopted by the Supreme Court in Rodriguez v. United States.