Recent Blog Posts
The Use of Social Media in Pre-Trial Investigation of Prospective Jurors
One of the most important aspects of a criminal trial is the voir dire procedure, a process by which jurors are selected before a trial begins to ensure that the defendant’s case will be heard by a panel of his impartial peers. The procedure requires that each prospective juror be asked a series of questions to ascertain… Read More »
“Warning Shots” Included into the Scope of Florida Stand Your Ground Legislation
Governor Rick Scott signed into law in late June of this year an addition to Florida’s “Stand Your Ground” legislation that provides immunity and protection to Floridian defendants who fire a warning shot or threaten to use a gun in self-defense. The amendment to the current Stand Your Ground legislation was written in response to a recent case of Marissa Alexander who… Read More »
In the Defense of Effective Assistance for Indigent Defendants in Florida
In the last year, the Florida Supreme Court has redefined the understanding of what effective advocacy means with regards to indigent defendants. The Florida Supreme Court recently decided that public defenders, who are overwhelmed by excessive caseloads, may be permitted to withdraw if they can show that the excessive workload would hinder their ability to effectively… Read More »
Defending Crimes Committed For Financial Gain
The housing crisis, economic downturn and a high rate of unemployment has led some people to acts of desperation: embezzlement, money laundering and concealment of assets on tax returns. These crimes are coined “white-collar crimes.” It takes a concentrated effort of knowing how the government gathers and presents evidence of a white-collar crime to… Read More »
Florida Supreme Court Alters Habitual Traffic Offender Prosecutions
In July of last year, the Florida Supreme Court issued a ruling that’s certain to have lasting consequences for defendants facing charges for DUI and other traffic offenses. Florida, like many other states, has what’s known as a habitual traffic offender statute. Under this law, anyone who commits repeated (three or more) motor vehicle offenses in a five-year period – including DUI, vehicular manslaughter,… Read More »
One Gun, Many Crimes
The federal firearms laws are structured such that one act of wrongdoing often constitutes multiple offenses. As a result, the potential sentence facing a defendant who commits a firearms offense is often significantly greater than one would expect. In general, however, the Constitution’s Double Jeopardy clause prevents so-called “duplicative” or “multiplicative” prosecutions, wherein one wrongful act is treated as two… Read More »
DUIs Can Happen to Anyone, Just Ask This Broward County Judge
DUI and reckless driving charges are utterly commonplace. They’re so mundane, in fact, that even Florida state trial judges sometimes face them. As reported in the Fort Lauderdale Sun-Sentinel this week, Broward Circuit judge Lynn Rosenthal was charged with driving under the influence and reckless driving. On her way to the courthouse, Rosenthal accidentally struck a parked police patrol car…. Read More »
The Fine Points of Grammar Make All the Difference
What’s in a comma? For the defendant in the 2013 case of Talley v. State, the answer was “everything.” Mr. Talley was charged with assault and battery as a result of a domestic altercation. According to the victim’s version of events, Mr. Talley—without provocation—stabbed the victim twice with something sharp. The victim responded by forcibly pushing him away… Read More »
Drugs and Guns Sold Separately: What Difference Does It Make in Florida?
Suppose you’re involved in a drug dealing operation, but that you’re hardly the “main guy.” You make street-level transactions, obtain drugs from those above you in the cartel, and return cash to your suppliers. Suppose also that you happen, separate from that enterprise, to be in the business of selling illegal firearms. In order to protect… Read More »
Changes to Florida’s Hit-and-Run Laws
This past month, Governor Rick Scott signed a bill into law that will increase the penalties for hit-and-run drivers throughout Florida. As the Miami Herald reported this Thursday, Governor Scott held a ceremonial bill-signing to draw attention to the law, called the Aaron Cohen Life Protection Act. The law took effect on July 1, and imposes a four-year mandatory-minimum prison sentence for drivers convicted of… Read More »