Criminal Procedure

Understanding No Informations and Nolle Prosequis in Florida

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 [...]

By |July 28th, 2023|Categories: Criminal Law, Criminal Procedure|Comments Off on Understanding No Informations and Nolle Prosequis in Florida

The Role of Grand Juries in Florida’s Criminal Justice System

The Role of Grand Juries in Florida's Criminal Justice System As a criminal defense lawyer practicing in Miami, I am often asked about grand juries and how they operate in Florida. Grand juries play a crucial role in our criminal justice system, yet much of what they do occurs behind closed doors, leading to many misconceptions. Similar issues can [...]

By |July 20th, 2023|Categories: Criminal Law, Criminal Procedure, Florida Law|Comments Off on The Role of Grand Juries in Florida’s Criminal Justice System

Charging Documents in Florida

Charging Documents in Florida: What They Are and Why They Matter Being accused of a crime can be a stressful and confusing experience, especially if you don't understand the legal processes involved. One of the key steps in these processes is the filing of a 'charging document.' This is a critical component of any criminal case, so let's unpack [...]

By |July 16th, 2023|Categories: Criminal Defense, Criminal Law, Criminal Procedure|Comments Off on Charging Documents in Florida

What is a Plea Bargain in Florida?

What is a Plea Bargain in Florida? A plea bargain is an agreement between a defendant and a prosecutor in which the defendant agrees to plead guilty or no contest to a particular charge in exchange for some concession from the prosecutor. This concession can include reduced charges, dismissal of other charges, or a more lenient sentence. Plea bargaining [...]

By |April 26th, 2023|Categories: Criminal Justice System, Criminal Law, Criminal Procedure|Comments Off on What is a Plea Bargain in Florida?

Standards of Proof in Criminal Cases in Florida

A standard of proof is the level of evidence required to prove a claim or allegation in a particular situation. This can vary depending on the nature of the case and the legal system in which it is being heard. For example, in a criminal case, the prosecution must prove the defendant's guilt "beyond a reasonable doubt." In contrast, [...]

By |December 14th, 2022|Categories: Criminal Procedure|Comments Off on Standards of Proof in Criminal Cases in Florida

Motions to Suppress & the Exclusionary Rule

What is a motion to suppress? A motion to suppress is a common criminal procedure legal motion filed by a defendant in a criminal case. It is typically filed before the trial begins and is used to ask the court to exclude specific evidence from being presented at the trial. The defendant may argue that the evidence in question [...]

By |December 12th, 2022|Categories: Criminal Procedure|Comments Off on Motions to Suppress & the Exclusionary Rule