Hearsay: What Every Criminal Defense Client Should Know When facing criminal charges, the last thing you want is for someone else's words to be used against you in court. Unfortunately, this is precisely what can happen when hearsay evidence is introduced. So, what exactly is hearsay, and why should you care? What is Hearsay? Under Florida Statutes section 90.801, [...]
Why Should I Hire a Criminal Defense Attorney? If you face criminal charges, the stakes are high. A lengthy prison sentence, substantial fines, and significant jail time may permanently tarnish your record. The impact on your personal and professional life can be devastating. Having an experienced and knowledgeable criminal defense attorney by your side can make all the difference. [...]
Florida's Stand Your Ground law is a self-defense law that has received significant attention in recent years. The law allows individuals to use force in self-defense without a duty to retreat. However, it is critical to understand the specific guidelines and circumstances in which the Stand Your Ground law applies. What is the Stand Your Ground Law? Florida Statutes [...]
The Criminal Statute of Limitations in Florida The statute of limitations (SOL) sets the deadline for commencing a criminal prosecution. Florida’s deadlines depend on the offense and any applicable statutory exceptions. Florida’s general criminal limitation periods under section 775.15, Florida Statutes, are: Capital felonies, life felonies, and felonies resulting in death: No time limit. First-degree felonies: Four years. Second- [...]
Misidentifications in the Criminal Justice System Misidentification is a serious problem in the criminal justice system. Eyewitnesses are often the critical evidence in a criminal trial, but research has shown that their memories are not always accurate. The case of Perry Lott, who was exonerated after 35 years of wrongful conviction, shows how a mistaken identification can send an [...]
The Alibi Defense in Florida An alibi defense can be extremely useful for criminal defendants in Florida who are wrongly accused of crimes. Under Florida law, defendants have a constitutional right to present an alibi defense to juries. However, there are strict procedural requirements that must be followed to ensure a fair process. This article examines the key things [...]
Florida Criminal Defenses Criminal defenses are legal arguments or strategies used to challenge the prosecution's case or establish a legal basis for acquittal. The accused does not have to prove innocence. Defenses may challenge the prosecution's evidence, argue that the accused lacked the necessary intent to commit the crime, or say that the accused's constitutional rights were violated. Defenses [...]
Why Do People Shoplift? People shoplift for different reasons. Some struggle to afford what they need. Others act on impulse or seek excitement. A person’s reasons may be hard to explain, even to themselves. Our article on myths and misconceptions about shoplifting looks at common assumptions about who shoplifts and how it happens. That’s not to say that sometimes [...]
What Are Collateral Consequences of a Criminal Conviction in Florida? A person's life may be affected by collateral consequences of a criminal conviction in Florida long after they have completed their sentence. These can include losing the right to vote, being unable to obtain certain licenses or certifications, having difficulty finding employment or housing, and losing certain government benefits. [...]
Mens rea means the mental state the prosecution must prove for a particular crime. It is often called criminal intent, though the precise requirement depends on the offense. Most crimes require proof of a mental state as well as prohibited conduct, known as actus reus. Some offenses impose strict liability for certain elements, meaning no proof of a mental [...]
