Monthly Archives: September 2024
Florida Appeals Court Holds Pretrial Release Restriction Unconstitutional
If you are arrested for a crime in Florida, state law entitles you to a first appearance hearing before a judicial officer within 24 hours. At a first appearance, the court must advise the defendant of their constitutional rights. The court will also set the defendant’s initial bail. In most non-capital cases, everyone charged… Read More »
Arguing Self-Defense in a Florida Murder Trial
Generally speaking, when you are on trial for a criminal offense in Florida, you have the right to present any theory to the jury so long as there is some evidence to support it. For example, if you claim you acted in self-defense in shooting someone, you can ask the judge to instruct the… Read More »
Can the Police Record Your Conversations With Another Suspect?
It is well understood that Florida law enforcement must advise a criminal suspect of their right to remain silent prior to a custodial interrogation. This is part of the famous Miranda warning. But what about a situation where you are in police custody and make a potentially incriminating statement to a fellow suspect? Could… Read More »
When Is Child Hearsay Admissible in a Florida Sex Crimes Prosecution?
Under Florida law, hearsay evidence is inadmissible in most criminal cases. Hearsay refers to any out-of-court statement used to prove the truth of the matter asserted. To give a simple illustration, a witness in a criminal trial can testify as to what the defendant told them. But the witness could not testify as to… Read More »
