Category Archives: Criminal
Appealing A Criminal Sentence Based On A Change In The Law
Waiting for a sentence in a criminal case is one of the most stressful events in a person’s life, even if you pleaded guilty as part of a plea deal and almost sure that you will avoid the worst possible sentence that the court can hand down for the crime with which you were… Read More »
Does Wealth Determine The Outcome Of Your Criminal Case?
From your perspective, it seems like wealthy people have an easy time in every aspect of life. Their jobs are not physically demanding and offer them enough free time to exercise and to shop for and cook a variety of foods. Because they have health insurance, they do not fear visiting the doctor, whereas… Read More »
Classical Rhetoric Is The Secret Ingredient In A Successful Defense At Trial
Which academic subject can help you avoid criminal penalties? Is it a STEM subject where you can land a tech career that makes you enough money that you are above the law? Probably not. Still, studying math can help you avoid accounting errors that might lead investigators to suspect you of financial crimes, and… Read More »
When Can The Police Require You To Show ID?
The Fourth Amendment protection against illegal search and seizure of property means that, if you are just minding your own business, the police should just leave you alone. The Fifth Amendment protection against coercing into incriminating oneself means that, if police initiate an interaction with you, whether or not they do it for a… Read More »
Nebbia Holds And Your Florida Criminal Defense Case
Facing criminal charges is nerve wracking under any circumstances, but it is exponentially worse when you watch the minutes until your trial creeps by, punctuated only by meetings with your criminal defense lawyer, from inside a jail cell. It is easier to tolerate if you can move about somewhat freely, even within your own… Read More »
Habeas Corpus And Your Florida Criminal Case
Students in civics classes tend to associate the Fifth Amendment with the right to avoid incriminating yourself, but there is more to the Fifth Amendment than that; it does more than just grant you the right to plead the Fifth when lying would get you into even worse trouble. The Fifth Amendment also contains… Read More »
Tips For Avoiding Escalation At A Traffic Stop
Traffic stops by police are not inherently conducive to justice. A police car can appear out of nowhere, flashing its blue lights at you, and put you on the defensive. Somewhere in Florida, a car is lawfully merging lanes on one of Florida’s highways as long, wide, and constricting as the deadliest anaconda in… Read More »
Failure To Appear In Court
The identifying characteristic of Florida Man is that he commits minor criminal offenses in outlandish ways. The most recent manifestation of Florida Man to go viral online is Joseph Malinowski, who got arrested for trespassing at a dock in Tampa, and is also facing criminal charges for two counts of failure to appear in… Read More »
What Is Unlawful Carry Of A Weapon?
People sometimes use the expression “smoking gun” to mean clear evidence of a crime, but in most cases, the mere presence of a firearm is not a violation of the law. Whether it is legal to carry a weapon depends on context. For example, you lose the right to buy or own firearms if… Read More »
Prosecutors Behaving Badly
You have probably heard terrible stories on the news about prosecutors bribing inmates serving life sentences with promises of parole in exchange for falsely testifying against defendants who, if convicted, could suffer an even worse fate. Prosecutorial misconduct is not always this egregious, and it can happen in legal matters where there is less… Read More »