Criminal Defense Attorney | Criminal Defense Law | Blog Published By Kenneth Padowitz, P.A.

What’s the Meaning of “Objection” in Court

If you’ve ever watched a courtroom drama, you’ve seen the defense stand and call out, “Objection!” The presiding judge will then smack down his gavel and say, “Over-ruled,” or “Sustained.” You might be surprised to learn that it isn’t enough in a court of law to just shout out, “Objection.” Not Properly Preserved There is a sentence completely unloved by defense lawyers. It goes something like this: “This issue before us was not properly preserved for appellate review, and is therefore now not cognizable.” What this means is that someone did not follow up on an objection with the correct paperwork, or did not follow through with an objection before the jury was fully selected. As a result, the issue doesn’t have the backing of documentation to show a good reason for “appellate review,” which is the process of appealing a lower court decision in a higher court. Something that is cognizable is an item that is clearly identifiable and easy to see. As such, a cognizable thing would be an error that the court would be able to act upon. When documentation is not… Read More

Baby Boxes, Neglected Babies, Baby June

In June 2018 a baby girl was spotted floating in the ocean. She was somewhere between four days and one week old, and she had been in the ocean possibly as long as eighteen hours. The reconstructed picture, no photographs were circulated, showed a beautiful little girl sleeping peacefully on a cushion. For want of any other name, investigators are calling her Baby June. Everything about her is a mystery. Who she is, where she came from, whether she was already dead when she went into the water, and even her racial background is in question. Her autopsy showed pinpricks in her heals, suggesting that she had been born in a hospital. It remains unsolved. Was it murder? Human Infants are Fragile Human babies are born with a narrow range of abilities. They can sneeze, they have a startle reflex, and if nourishment is presented within reach of their mouths, they will suck on it. Future humans require care to survive. It would be nice to think that Baby June is an isolated case of infant death, but nothing could be farther from the truth.… Read More

Myths About Florida Criminal Cases

When most people think about criminal procedures and processes, the first thing that often comes to mind are their favorite criminal drama TV shows like CSI or NYPD Blue. What they don’t realize is that in real life, the Florida Rules of Criminal Procedure dictate how the criminal case should move forward. One also has to keep in mind the complexity of legal jargon, the application of case law and statues, as well as the fact that every citizen has constitutional rights that must be applied to every case. The best way to get a solid legal defense is to consult with a criminal law attorney that practices specifically in Florida while making sure to not mistake the following misconceptions for an actual fact: Prosecutors Must Prove Motive While being able to prove motive could help advance a criminal case, it’s not the be all and end all of a case’s conviction requirements. Aside from the criminal act that has been committed, the prosecutor will mainly focus on the following important facts: Mens Rea: This is a Latin term that basically means being in a… Read More

An Overview of Levels of Proof often Utilized in the Florida Criminal Process

In order to successfully convict an individual of a crime, the prosecuting attorney of a case must be able to prove “beyond a reasonable doubt” that the accused is indeed guilty. Now, most people aren’t fully aware of the importance of this statement and what sets it apart from other types of evidence that are used in criminal procedures. In Florida, before members of the jury start their deliberations, they are given the Florida Supreme Court Standard Jury Instructions to study, in which all the various types of proof required in a criminal case are detailed. Below we’ll give you a summary of these “levels of proof”, but if you have a case coming up, then you should also contact a qualified criminal defense lawyer who’s familiar with Florida law to help you understand how these specifically apply to your case. Beyond a Reasonable Doubt This is the burden of proof which a prosecutor must present in order to meet this standard. Below are just a few standout points from the Florida jury instructions on what “beyond the reasonable doubt” really means: If the jury… Read More

Forensics and Elections

Forensics and Elections Forensics in the form of investigative technology seems to be moving to the forefront of the news and national attention. One of the big questions that has come up has been about the legality of the electoral college, and whether the electoral college is a right and proper way to select a president for the United States of America, another is about how to detect and prevent actual voting fraud. The first problem with the electoral college arose in 1800 when Thomas Jefferson tied with Aaron Burr for votes in the electoral college. After some fancy footing on the part of Congress, it was decided that Jefferson would be president and Aaron Burr Vice President. To avoid future problems, a new rule that candidates had to be designated president or vice president as candidates when running. This was followed up by a very odd compromise that put John Quincy Adams in office and was then followed up by the election of Andrew Jackson. Perhaps one of the most notable electoral college problems arose in 2000 when there was a call for… Read More

How Criminal Charges Affect Immigration Proceedings

Immigrants that are currently undergoing the legal naturalization process in the U.S. face harsh consequences if they get arrested for a crime. While you might still be in the US, your application for citizenship will no longer be considered valid or relevant. Basically, if you get arrested while you’re still undocumented then you’re likely to get deported. Therefore, the best course of action to take if you get arrested is to seek the counsel and representation of an experienced criminal defense lawyer in Florida. Your attorney will assist you in exploring other more favorable outcomes that may even enable you to evade a conviction completely. As they say, knowledge is power, so here’s some useful information on the implications of an arrest on your immigration application. Arrest vs. Conviction It’s important to first know the difference between an arrest and a conviction. The definition of both terms is the same for immigrants and citizens alike. An arrest means that you’ve been detained on a suspicion that you’ve committed a certain crime. However, you are detained based on probable cause and haven’t yet been found guilty.… Read More

Dog Ownership, Legal Liability, Animal Cruelty, and Capnocytophaga Canimorsus

As our human world has become more extensively urbanized and humans have brought their traditional animal companions with them into their homes, city streets, and other institutions, laws have been enacted about the treatment of animals, the ownership of animals and owner responsibility for an animal’s behavior or interaction with human beings. Prevention of Cruelty to Animals and Animal Aggression Many of the laws currently on the books deal with curtailing cruelty to animals, especially recent rulings that it is all right to break into a vehicle if a passerby sees an animal or child that is confined to the vehicle. It should be noted that the person is also supposed to call the authorities and remain with the animal or child in a nearby safe area until the authorities arrive. Laws covering animal aggression deal extensively with dogs that kill livestock, dogs that bite or loose dogs that act aggressively toward people. But a new wrinkle has been in the news recently that could have pet owners and lawmakers wondering about the correct response. Capnocytophaga Canimorsus, the Kiss of Contagion Folklore has it that… Read More

Exercise Your Rights, Call Your Lawyer

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Thanks to the foresight of our founding fathers and the continued vigilance of lawmakers since then, citizens of the United States have rights. When you are in an arrest or accusatory situation, you should exercise your rights by calling your lawyer before you talk to anyone. Nine times out of ten, a situation could have been made much easier just by having your lawyer on the scene from the beginning. It can be scary to say, “I don’t want to talk about it until I see my lawyer,” but often that is exactly what you should say. Traffic Stops Arrests, particularly for possession, are often made at traffic stops. Even though marijuana for medical use is now legal in Florida, people are sometimes mistakenly arrested for possession or other drug offenses. With the focus on opiates, even prescription drugs such as Xanax or OxyContin can trigger an arrest if you do not have your prescription bottle on hand. If you are already feeling a bit under the weather, it can be difficult to know what you should or should not say under those circumstances. Your… Read More

An Armed Society

Robert Anson Heinlein wrote, “An armed society is a polite society.” He was envisioning a world where people would carry sidearms openly and would be trained to handle them. In March 2018, Florida’s governor signed a bill that would allow selected instructors in a school to be armed. The idea behind the bill is to give those in authority at the school the ability to defend the children and unarmed members of the school staff. This is not the first time that such an idea has been advanced. Who Should Bear Arms The text of the second amendment states, “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” From the wording of this amendment it is fairly certain that, like Mr. Heinlein, our founding fathers were thinking of an orderly use of firearms. Since the Colonies were a rough, wild place to live in those days, it would have been dangerous for households not to have some means of defense. No doubt, defense is the thought running through… Read More

The Crucial Role of a Criminal Defense Attorney

From the bestselling book, To Kill a Mockingbird, to the true-crime television show, “America’s Most Wanted,” and with many fictional arrests and courtroom scenes, the American public is saturated with the idea of the ideal role of a criminal defense attorney. Here are some ideas about a criminal defense attorney’s role. When an Attorney Should Be Involved Whether the alleged perpetrator has funds to pay for a lawyer or he or she does not, the U.S. Constitution and subsequent landmark cases give a person who has been arrested the right to have an attorney present during questioning and to assist with subsequent procedures. One lawyer once remarked that most things would be so much easier if legal counsel was called sooner rather than later. What a Criminal Defense Attorney Does An attorney will explain to the accused his or her rights in the situation, and help the accused to understand the upcoming processes. The attorney will safeguard the defendant’s rights, making sure that they are not violated during the arrest procedure or during subsequent trials. If the defendant pleads guilty, the attorney might negotiate a… Read More

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