Miami Defendant's Appeal Highlights Jury Unanimity in Petit Theft Case Petit theft charges may seem straightforward on the surface, but as a recent Miami case illustrates, complex legal questions can underlie even relatively minor alleged crimes. When a theft offense involves alternative acts as the means of commission, issues around jury unanimity requirements come into play with real implications for [...]
Arrest Searches in Miami: What You Need to Know Understanding Arrests and Arrest Searches in Miami Living in a major metropolitan area like Miami comes with many advantages but also some potential downsides. With a population of over 2.7 million in Miami-Dade County alone, arrests happen regularly as law enforcement works to keep the public safe. However, arrests can [...]
Who Has Jurisdiction When a Crime is Committed on a Cruise Ship? While most people embark on cruises to escape the daily grind and indulge in a slice of paradise, the unfortunate reality is that crimes can and do happen on the high seas. Cruise ships frequent the port of Miami and embark on tropical getaways through international waters. But [...]
Jurisdiction Matters: Understanding Criminal Jurisdiction Issues in Florida Territorial Jurisdiction - The Power of Place General Rule Generally, a Florida circuit or county court can only preside over crimes committed within that territorial jurisdiction. For example, if my client is alleged to have committed shoplifting in Miami-Dade County, the case can only be tried in a Miami-Dade County court. A [...]
The Burden of Proof in Criminal Cases: A Guide for Defendants in Florida If you have been charged with a crime in Florida, one of the most important concepts you need to understand is the burden of proof. The burden of proof refers to the obligation of the prosecution to prove every element of the alleged crime beyond a [...]
Understanding the Key Differences Between Criminal Law and Civil Law For most people without legal training, the distinction between criminal law and civil law is not always clear. Both involve violations of rules and laws, penalties and consequences, and proceedings in a court of law. However, there are some major differences that set criminal and civil law into two [...]
The First Amendment and Criminal Law: Understanding Your Constitutional Rights The First Amendment to the United States Constitution protects some of our most fundamental freedoms - freedom of religion, speech, press, assembly, and petition. However, these rights are not absolute, and sometimes speech or conduct that would otherwise be protected can still be subject to criminal prosecution. As a criminal [...]
Felonies vs. Misdemeanors: Understanding the Key Differences in Florida Criminal Law If you've been charged with a crime in Florida, one of the first things you'll want to know is whether it's a felony or a misdemeanor. The distinction between the two types of crimes is important, as it can have significant implications when it comes to sentencing and [...]
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 [...]
