Monthly Archives: December 2024
What Is “Felony Murder” in Florida?
Murder is usually defined as the unlawful, premeditated killing of another human being. For example, if you fire a gun at someone with the intent of killing them, and they die as a result of that shooting, you commit murder. The victim’s death was the objective of the crime. Defending Against Felony Murder Charges… Read More »
Florida Judge Tosses Drug Evidence Due to Faulty Wiretap Authorization
Prosecutors and police officers make mistakes just like anyone. When those mistakes occur in the course of a criminal investigation, however, it can have serious implications for a defendant’s constitutional right to a fair trial. That is why judges must take any procedural violations seriously, especially when it comes to search warrants that produce… Read More »
Fire Innocently Caused by Making Homemade Tortillas or Arson? Miami-Dade Police Investigate Potential Arson Fire Started by Couple Claiming Kitchen Fire
Charges have been filed against a couple who is under investigation by the Miami-Dade police for their alleged role in an arson fire that they say was innocently started by a mistake in the kitchen. According to local news reports, Florida City, Florida couple Erick Turrubiates and Auren Martinez Castillo are facing criminal charges… Read More »
The Miranda Warning: What is It and Updates to the Miranda Warning in Miami
It is likely that many – if not most – Miami residents have heard of the term “Miranda Warning” or “Miranda Rights.” Indeed, most people who have watched a legal drama, a criminal case unfold, or a made-for-television courtroom show have probably seen an actor portraying a police officer on the big screen read… Read More »
Can the Police Threaten to Take Your Truck If You Don’t Confess?
In television police dramas, there are often scenes where a detective (or an assistant district attorney) offers “leniency” in exchange for an immediate confession–or alternatively, a more harsh punishment if they do not confess. In reality, such tactics are generally considered coercion. This means that even if the suspect does confess in response to… Read More »
Can the Police Use a Search Warrant to Look for Evidence of an Unrelated Crime?
It is well understood that the police need to obtain a warrant before searching any area where a suspect has a reasonable expectation of privacy. This includes digital spaces such as a person’s private cell phone data. An officer needs a warrant before looking through your text messages. And that warrant must specify the… Read More »