Florida’s Take On The Necessity Defense In The Context Of A DUI Charge Under certain circumstances, any individual charged with DUI in Florida may argue that they were justified in driving under the influence due to an emergency situation. As explained by the Fifth District Court of Appeal in Florida in Driggers v. State, thereRead More
Category: Criminal Procedure
Drug Conspiracy Law In Florida – Hampton v. State
Interpretation Of Criminal Law Hampton v. State A conspiracy is defined in law as an agreement between two or more individuals to commit a crime. Although this may seem like a pretty straightforward definition, as with most criminal law, it is up to interpretation. The focus of this post will be to discuss Florida’s FifthRead More
PUSH FOR LIGHTER SENTENCES FOR WHITE COLLAR CRIMES
GROUP PUSHES FOR LIGHTER SENTENCES FOR WHITE COLLAR CRIMES Families Against Mandatory Minimums has entered the picture for Americans convicted of fraud and other white-collar crimes. An advocacy group that has primarily fought strict drug sentences, has begun to shift their attention towards lighter punishment for financial crimes. It’s been noted that sentences in cases ofRead More
Search And Seizure | Appeals Court Decision
The Search and Seizure Law | When Does It Apply? The Fourth Amendment of the Constitution protects its citizens by placing limits on the power of law enforcement to search people and their property, seize objects, or make arrests. These checks and balances are put in place to ensure that we as American citizens haveRead More
Plea deal ends Florida ‘warning shot’ case
Stand Your Ground In a case that garnered all of its attention due to a “stand your ground” defense, has ended via a plea deal. A women accused of firing a gun at her estranged husband and his two sons in what she claimed to be self-defense, arguing that she feared for her life beforeRead More
Mistaken Police Officer
Mistaken Police Officer Now An Exception to Unreasonable Search The United States Supreme Court has ruled that a police officers good faith reasonable mistake on the law does not run afoul of the 4th Amendment to the constitution that bans unreasonable searches and seizures. In Heien v. North Carolina, the Court in a 8-1 decisionRead More