Category Archives: Criminal Defense
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 »
How Far Can Police Go in Asking “Public Safety” Exceptions During a Traffic Stop?
A police officer is supposed to give a Miranda warning to a suspect before initiating a custodial interrogation of a criminal suspect. The courts have long recognized an exception to this rule, however, for matters involving “public safety.” For example, if during a traffic stop, an officer sees something they think might be an… 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 »
What Is “Reasonable Doubt” in a Florida Criminal Trial?
You have likely heard the phrase “reasonable doubt” used in connection with criminal trials. This refers to the prosecution’s burden of proof when attempting to convict a defendant of a criminal charge. The trier of fact–a jury, or a judge sitting alone–must determine whether the state has proved the defendant’s guilt on each element… Read More »
How “Ineffective Assistance of Counsel” Can Affect Your Right to a Fair Trial in Florida
We all make mistakes in the course of our daily lives. This includes mistakes made in doing our jobs. Of course, when your job is defending someone accused of a serious crime, a mistake can prove costly for the defendant. Many Florida criminal appeals are based on allegations of “ineffective assistance of counsel.” Essentially,… Read More »
What Is Considered “Criminal Mischief” in Florida?
Everyone knows that taking another person’s property without their consent is criminal theft. But what if someone intentionally damages another person’s property without taking it? Under Florida law, that falls under the category of “criminal mischief.” More precisely, criminal mischief occurs when a person “willfully and maliciously injures or damages by any means any… Read More »
What Happens If You Threaten to Kill a Federal Judge?
Dealing with the legal system is often frustrating for litigants, especially when they feel they have been treated unfairly by the courts. It should go without saying, however, that you should not attempt to take out those frustrations by threatening physical violence against officers of the court. As you can probably guess, making such… Read More »
What Happens When a Defendant Is Deemed Incompetent to Stand Trial?
One of the basic principles of criminal law in Florida is that the state cannot try a person who lacks the “mental competence to proceed.” To be clear, this is not the same thing as a defendant who enters an insanity plea. That addresses a defendant’s culpability for their alleged crime. A defendant who… Read More »
When Can You Challenge a Juror’s Selection in a Florida Criminal Trial?
The right to a trial by jury is one of the most important protections that an accused person has in Florida’s judicial system. Before any jury trial begins, both the state and the defense have the right to question prospective members of the jury panel. This process is known as voir dire, and its… Read More »
What Are the Benefits of a “No Contest” Plea in Florida?
While every person charged with a crime has a right to their day in court, the reality is that the overwhelming majority of Florida criminal cases are resolved through a plea bargain. In many plea deals, the defendant agrees to plead guilty to a specified charge in exchange for certain consideration, such as a… Read More »
