Category Archives: Criminal Defense Advice
The Criminality of Assisted Suicide and Other End of Life Modalities in Florida
American society and the laws and regulations that define it are not created in a vacuum. Though it is advocated that church and state be separate principles under the law, there are many religious concepts that find themselves manifested in the legal system. Sometimes it is in simple ways, such as taking the moral… Read More »
Can the Government Freeze Untainted Assets that the Defendant Will Use to Hire Counsel?
When arrested for a crime, a criminal defendant, before going to his/her criminal proceeding, has fundamental rights that are constitutionally protected. The Fifth and Sixth Amendment provide that all criminal defendants have a right to counsel, and if they cannot afford one, an attorney must be provided by the state, especially when conviction could… Read More »
How NeuroImaging and Brain Function Can Help Our Defense Attorneys
As technology advances, society is provided the uncanny opportunity to see into what has been previously considered mysterious: the human brain. As doctors and researchers are learning more and more about the differing functions of the varied sections of the brain, we have become more and more fascinated with the brain process behind everyday… Read More »
Social Media Evidence: How Your Photos and Posts May Land You In Jail
The advent of technology has had an significant impact on the way that our society operates. These days, when an individual is involved in an activity, there is usually a photo of the activity being performed on the individual’s social media website. The idea is that we love to publish elements of our lives… Read More »
Beyond Prison: The Collateral Consequences of Being An Ex-Offender
For many defendants who have broken the law, been convicted and sentenced for the offense, and then sent to jail, they believe that after they have served their time, they are free to return to their normal lives. However, it becomes increasingly obvious that even if one has served time in prison or jail,… Read More »
Slender Man “Follower” Strikes Again: Is the Creator of Slender Man to Blame?
Recently, there have been acts of violence committed by teenagers obsessed and worshipping a fictional character by the name of Slender Man. A few months ago, two teens in Wisconsin lured a friend into the woods, and stabbed her 19 times, incurring serious injury to the girl who was later found alive. The teens… 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 »
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 »
Can the Police Search Your Cell Phone without a Warrant in Florida?
If you’re arrested for a crime, can the police search your cell phone? As more and more people get smart phones, which contain a vast wealth of personal and private information—including emails, text messages, pictures, access to Twitter and Facebook, call logs, contacts, videos, and much more—the question becomes more and more salient. These devices, which are… Read More »
The Importance of the Rules of Evidence in Florida Armed Robbery Cases
What counts as relevant evidence that you committed an armed robbery? How about the fact that you own several guns? Is your answer the same if those guns weren’t used — and, in fact, weren’t even the same kind of guns as those used — during the commission of the crime? Does your answer… Read More »