Monthly Archives: October 2024
What Constitutes a “Voluntary” Consent to a Police Search of Your Home?
The Fourth Amendment to the United States Constitution protects you–and your home–from “unreasonable” searches by the police. In most cases, this means the police need either a warrant or your consent to search your property. Any consent must be “knowing and voluntary” and not the product of police coercion. Federal Court Upholds Mother’s Consent… Read More »
Can Florida Prosecutors Use Your Past Crimes to Convict You of Felony Battery?
Florida law defines “felony battery” as intentionally touching or striking another person against their will to the point where it causes great bodily harm, permanent disability, or permanent disfigurement. In other words, if you beat someone else up on the street unprovoked and they sustain any serious injury, you can be charged with felony… Read More »
Can a Miami Police Officer Seize a Gun in “Plain View” During a Traffic Stop?
The right to own a firearm in Florida is not without limits. Convicted felons generally cannot legally possess any firearms unless their civil rights have been restored. And of course, you are not allowed to take someone else’s firearm without their permission. Florida Appeals Court Reverses Trial Judge’s Motion to Suppress Ruling Many firearm… Read More »
How Do You Prove “Possession” of a Firearm in Florida?
Under Florida law, a defendant faces a mandatory minimum prison sentence of 3 years if they “possessed” a firearm during the commission of another felony. It does not matter if the firearm was used to commit the underlying felony. For example, say a person commits robbery. Police found the suspect was carrying a gun… Read More »
What Is a “Depraved Mind” Under Florida’s Homicide Statute?
There are several different types of murder and homicide charges that a person can be charged with in Florida. For example, a person commits murder in the second degree when they commit the “unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless… Read More »
Can I Be Forced to Testify in a Probation Violation Hearing?
If you are sentenced to a term of probation following a criminal conviction, you must strictly comply with all of the terms of release laid down by the court. Any probation violation, no matter how seemingly insignificant to you, can land you right back in court. The judge will then hold a hearing to… Read More »
Can Border Agents Search Your Phone Without a Warrant?
The Fourth Amendment to the Constitution normally requires the police to obtain a search warrant before conducting a search of your person or property without your consent. As with many constitutional protections, however, there are a number of judicially recognized exceptions. One of them is for searches that occur at the borders of the… Read More »
Is Pointing a Gun at Someone a “Physical Restraint”?
The possession or use of a firearm during the commission of a crime, such as robbery, is often a factor in how a defendant is sentenced if convicted. For example, federal judges often consult a complex set of Sentencing Guidelines when determining the range of a defendant’s sentence. These guidelines use a base offense… Read More »
How the Insanity Defense Works in Miami Homicide Cases
Television and film portrayals of the criminal justice system often like to use the insanity defense as a dramatic storytelling device. In the real world, however, insanity defenses are rarely used and often carry significant consequences even when a defendant is found not guilty of the underlying crime. Indeed, a successful insanity defense often… Read More »
Parking in a Handicapped Spot Can Lead to a Drug Arrest in Miami
A traffic stop is considered a “seizure” for purposes of the Fourth Amendment to the United States Constitution. This means that the police must have “probable cause” to believe the driver has committed some traffic violation before initiating the stop. Absent such probable cause, any incriminating evidence obtained from the driver or their vehicle… Read More »
