Due Process

The Trial Penalty

The Trial Penalty You're likely overwhelmed and confused if you face criminal charges in Miami, Florida. One of your most important decisions is whether to go to trial or take a plea bargain. While a plea bargain can seem tempting in the short term, it's crucial to understand the potential consequences, including the trial penalty. What is the [...]

By |December 12th, 2023|Categories: Constitutional Rights, Due Process, Sixth Amendment|Comments Off on The Trial Penalty

Disclosure of Confidential Informants in Florida

Disclosure of Confidential Informants in Florida Confidential informants are widely used in criminal investigations in Florida, especially drug cases. Often, the prosecution wants to keep these informants anonymous to protect their safety and ensure continued cooperation. However, sometimes, a defendant's right to due process necessitates disclosing an informant's identity. Under Florida law, determining when disclosure is required involves a delicate [...]

By |September 9th, 2023|Categories: Drugs, Due Process|Comments Off on Disclosure of Confidential Informants in Florida

Your Right to Due Process in Criminal Cases

Your Right to Due Process in Criminal Cases  If you've been arrested or charged with a crime in Florida, one of your most important constitutional rights is due process. Due process is your right to fair treatment throughout the criminal justice process. Understanding due process and how it protects you at each stage of a criminal case is critical [...]

By |August 14th, 2023|Categories: Constitutional Rights, Due Process|Comments Off on Your Right to Due Process in Criminal Cases

The Right to an Impartial Judge in Florida Criminal Cases

The Right to an Impartial Judge in Florida Criminal Cases If you are facing criminal charges in Florida, one of your most fundamental rights is to have your case heard by an impartial judge. Both the U.S. Constitution and the Florida Code of Judicial Conduct guarantee criminal defendants a fair trial before an unbiased judge. This article will examine [...]

By |August 8th, 2023|Categories: Due Process, Judges|Comments Off on The Right to an Impartial Judge in Florida Criminal Cases

What Constitutes a Crime?

What Constitutes a Crime? In a thought-provoking opinion piece by Stephen L. Carter published in The Washington Post, Carter examines a Supreme Court case involving Medicaid fraud and identity theft that could have far-reaching implications on the interpretation of criminal law. The case's outcome could redefine the concept of crime and highlight the importance of the right to clear [...]

By |April 22nd, 2023|Categories: Due Process, Supreme Court|Comments Off on What Constitutes a Crime?

The GOP’s Due Process Epiphany

When I read Christine Flowers' op-ed in the Herald yesterday supporting Education Secretary Betsy DeVos’ newly proposed rules on how to handle campus sexual assault allegations, I couldn't help chuckling to myself. It's incredible how the Trump administration (and Republicans in general) have all of a sudden become the champions of due process rights and the "wrongly accused" in the [...]

By |November 28th, 2018|Categories: Due Process|Comments Off on The GOP’s Due Process Epiphany