Federal Crimes What are Federal Laws? Federal laws are passed by Congress and apply throughout the United States, including Washington D.C. Often times, criminal acts are considered offenses in both State and Federal law; prosecutors must then decide whether the perpetrator should be tried in State or Federal Court. Some crimes are written in TitleRead More
Necessity Defense
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
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
Self-Defense and Florida’s New Perspective | Criminal Defense Law
Florida’s New Perspective on Self-Defense Florida Governor Rick Scott made it official that the use of defensive threats of force, such as “warning shots”, is considered self-defense. By signing HB89, Floridian’s are now allowed to use a defensive threat as a means of self-defense, without the fear of going to prison. An Affirmative defense isRead 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
Seeking to Make Drug Maker Pay for OxyContin Abuse
More than 20,000 Americans a year have been killed, jails have become filled, treatment centers are frequently visited, and the reemergence of heroin use; all which can be traced to prescription drug abuse. And nowhere is the pill problem more prevalent than in Kentucky’s Appalachians, where officials trace its roots to the aggressive marketing ofRead More
Jury Trial | Simulations vs. Animations
Computer “Animations” vs. “Simulations”: Why Attorneys Need to Know Difference Imagine being in court ready to present a topnotch animation created by a professional litigation graphics company. The opposing counsel jumps up to say, “Your honor, we object to this animation since there is no foundation that it’s identical to what happened, it will confuseRead More
Solicitation and Prostitution
Solicitation of Prostitution Defense Solicitation of prostitution and other related charges are often embarrassing to the defendant and many times damage their personal/work relationships. If you have been arrested for offering to exchange money for sex, whether it was an undercover agent or because of involvement in a sting operation, it is imperative to find anRead 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
Texting while driving laws to be enhanced if bill passes
If a series of bills pass the Legislature this spring, Florida’s texting while driving law could hold more weight. Two state representatives and one state senator have filed bills that would beef up existing legislation about using a cell phone while driving. Texting while driving would become a primary offense, as well as adding aRead More