Category Archives: Murder Homicide
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 »
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 »
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 »
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 »
Is Throwing the Gun Away “Tampering” with Evidence?
Under Florida law, it is a felony for someone to tamper with evidence. But what exactly is “tampering”? Let’s say Karl shoots Dave with a gun. Karl then flees the scene and tosses the gun into a sewer. The police eventually arrest Karl and charge him with shooting Dave. Can they also charge him… Read More »
