Wrongful Conviction of Morton Johnson Morton Johnson’s case raises serious questions about false testimony, DNA evidence, and the risk of wrongful conviction. The Innocence Project’s 2023 account of his case explains why his lawyers contend that he was wrongly convicted of Henrietta Nickens’ murder. Case update: On March 28, 2024, a Pennsylvania judge vacated the convictions of Morton Johnson, [...]
Double Jeopardy: What Every Miami Criminal Defendant Needs to Know Double jeopardy is a critical legal principle that every Miami criminal defendant should understand. This constitutional protection can bar further prosecution and prevent harsher punishment in certain circumstances. As your criminal defense attorney in Miami, I want to provide you with a comprehensive overview of double jeopardy and how [...]
When U.S. Criminal Laws Apply Overseas As a criminal defense attorney in Miami, I often come across cases involving activities that took place outside of the United States. While criminal law is usually limited to the jurisdiction in which the alleged crime occurred, there are many circumstances in which crimes committed in other countries can be prosecuted in the [...]
Can a Police Officer Arrest You Outside Their Jurisdiction in Florida? You're driving down the highway when you see those familiar flashing red and blue lights in your rearview mirror. You pull over, expecting to get a speeding ticket from the local police department. But when the officer approaches your window, you notice his uniform says he's from a [...]
When Can Police Stop and Frisk You in Miami? Understanding Terry Stops Police may briefly detain you to investigate suspected criminal activity when they have reasonable suspicion. This is called a Terry stop. A frisk requires a separate basis to reasonably suspect that you are armed and dangerous, and its purpose is to check for weapons. This article explains [...]
Understanding No Informations and Nolle Prosequis in Florida If you've been arrested and charged with a crime in Florida, you may be wondering what comes next. Many people assume that an arrest automatically leads to prosecution and a trial. But in reality, the State Attorney's office can decide not to pursue charges after an arrest occurs. This is known [...]
A Stark Reminder that Judges Must Remain Impartial On July 24, 2023, the Florida Supreme Court publicly reprimanded former Circuit Judge Elizabeth Scherer for her conduct during the penalty phase and sentencing proceedings in the Parkland school shooting case. As AP News reported on Scherer's reprimand, the case raised concerns about her treatment of defense lawyers and apparent partiality [...]
How to Modify or End an Injunction for Protection in Florida Injunctions for protection provide critical safety for domestic violence, stalking, dating violence, sexual violence, and repeat violence victims. These court-ordered restraining orders restrict a respondent’s contact with a petitioner. But injunctions are not necessarily permanent. If circumstances change, you may wonder if you can cancel an injunction or [...]
Consequences of Misdemeanor Convictions in Florida A misdemeanor conviction may seem minor compared to a felony, but even a misdemeanor can carry severe collateral consequences that can negatively impact your life for years to come. It is critical that you fully understand these potential consequences before moving forward with a case. A misdemeanor may be "minor" in the eyes [...]
The Fourth Amendment Is Not for Sale Act Can the government buy sensitive personal data that it would otherwise need legal process to obtain? That question drove the Fourth Amendment Is Not For Sale Act introduced in 2023. Dell Cameron’s July 2023 reporting for Wired examined the proposal and the privacy concerns behind it. The Crux of the Matter [...]
