In order to arrest a person without a warrant, police officers must have probable cause to believe that he or she committed a crime. If they don’t, anything the person says while under arrest – and any evidence obtained as a result of the arrest – must be excluded from…
Search and seizure laws offer important protections to anyone suspected of or charged with a Florida drug crime or another crime. These laws set the ground rules for when police officers can stop a person on the street, pull over a car, or enter a home without a warrant. They…
A Florida appeals court recently took up a unique case about a fairly common occurrence: a call to the Department of Children and Families ending in an arrest.A defendant was charged with battery on a law enforcement officer and resisting an officer with violence, stemming from an incident in his…
The burden of proof required in any Florida criminal case is an important protection for people charged with sex and other crimes in the Sunshine State. Prosecutors bear the burden at all times of proving beyond a reasonable doubt that you committed the specific crime with which you have been…
The rule against double jeopardy generally bans judges from convicting a person multiple times for the same crime. A recent case out of Florida’s Fourth District Court of Appeals provides some interesting insight into how the double jeopardy protection applies in Florida DUI and reckless driving cases. That includes cases…
Witness evidence is often key in Florida sex crime cases. In a recent case out of Florida’s First District Court of Appeal, the court examined some of the common legal questions that come up related to witness credibility.The defendant was charged with sexual battery on a victim less than 12…
Florida gun crime cases often involve charges of multiple criminal offenses. When a person is convicted of more than one offense, courts may be called on to decide if prison time should run concurrently (at the same time) or consecutively (one after the other). A recent case out of Florida’s…
Confidential informant evidence can make or break a criminal case in Florida. This evidence often includes secretly taped conversations between an informant and a person charged with a crime. Although there are a number of safeguards and defenses available to a person who is caught on tape talking about a…
Florida sexual assault and battery cases often come down to one person’s word against another’s, especially in cases involving a victim and an alleged perpetrator who know each other. In a recent case, the state’s Fourth District Court of Appeal took on just one of those cases, including some unique…
A conviction for a drug crime in Florida can come with significant penalties, including substantial time behind bars. In some cases, a judge has the right to makes those penalties worse based on the circumstances of the crime or the person’s criminal history. For example, state law provides for stiffer…