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Articles Posted in Criminal Defense

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A Nonviolent First-Time Felony Offense, Florida’s Pretrial Intervention Program, and… a Bucket List

While the news is full of stories of violent and/or repeat offenders, the reality is that a lot of people who get arrested are nonviolent first-time offenders. For people falling into this latter category, the law in Florida has options, including one that may allow you to walk away with…

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Constitutional Search and Seizure Protections and How to Go About Seeking Suppression of Evidence in Your Florida Drug Possession Case

Here in Florida (and around the United States,) you have the right to be free of intrusive interactions with the police unless the officers have a reasonable basis for detaining you. If the police confront you without the proper reasoning for doing so, then any incriminating evidence they seized in…

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How the Exclusion of a Defense Expert Witness Led to the Reversal of a Miami-Area Man’s Criminal Negligence Conviction

In the law, the vast majority of issues are colored in shades of gray. That’s why a knowledgeable Tampa Bay criminal defense attorney may answer so many questions with “It depends.” One thing that is fairly cut-and-dried, though, is the wide latitude the law gives an accused person in putting…

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Crime of Passion Defenses in Florida: Their Types and What They Can Do for You in Your Case

Men and the homicidal reactions their wives’ adulterous affairs triggered (or allegedly triggered) have long been the grist for the plots of both music (Garth Brooks’ “Papa Loved Mama” comes to mind) and jokes. In one joke, a man confesses to his neighbor (via text message) his numerous and regular…

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Love in the Digital Age: a Florida Woman Faces Felony Charges After Threatening to Disseminate Her Girlfriend’s Nude Images

For almost as long as there has been a World Wide Web (and later, smart devices,) there have been people posting adult and/or sexually explicit content online. When someone publishes their own images or publishes images of someone else with proper permission, that’s one thing; when they disseminate others’ images…

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A Look Back on the Movie Theater Shooting Case and the Details of the Florida Statute that Helped the Defendant Secure an Acquittal

By now, the story of the retired police captain who shot and killed a fellow movie-goer in Pasco County has become extremely well-known, especially here in Florida. We can all debate what each man could and/or should have done differently, but this isn’t about that. Instead, this post is to…

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Encounters With the Police, the Definition of Police Custody, and When the Police Must Read You Your ‘Miranda’ Rights in Florida

Comedian Ron White once described an interaction with police outside a bar thusly: “I had the right to remain silent… but I didn’t have the ability.” The reality is that “adult beverages” have made a lot of people say things they later wished they hadn’t. If something you or a…

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Modern Technology, Remote Witness Testimony, the Confrontation Clause of the Sixth Amendment, and Florida Criminal Trials

Modern technology has touched all areas of life. Things that would have been impossible 50 years ago are common today. Even with the application of modern technology, all the rights and privileges established by the constitution remain in place. A prosecutor inevitably doesn’t want to lose a child witness’s testimony…

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What the Rittenhouse Case in Wisconsin Can Teach Floridians About Affirmative Defenses, Burdens of Proof, and Criminal Trials in This State

Many people across the country were riveted these past few weeks by the homicide trial in Kenosha, Wisconsin. Many people were happy with the outcome; many more were profoundly disappointed. Regardless of one’s feelings about the trial’s result, there are certain things that we can all learn from the trial…

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What to Do When the State Has Overcharged You in Your Florida Criminal Case

Putting up “the best possible defense” can mean different things in different cases. Sometimes, it’s about establishing your complete and total innocence. Other times, it is about demonstrating that, even if you did something wrong, the prosecution has advanced charges that do not fit the facts. Whatever form your “best…

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