With the proliferation of smart phones – each containing a great deal of personal information. In some cases, that information can be incriminating. Courts across the U.S. have been attempting to find common legal ground on the issue of whether persons should be compelled to reveal their cell phone passcodes…
Fort Lauderdale Criminal Attorney Blog
Florida Man Whose Case Ended Juvenile Life Sentences Loses Key Appeal
After he was sentenced to life in prison at age 16 for a non-murder felony, Terrence Graham argued the injustice all the way to the U.S. Supreme Court – and won. Because of that case, teens convicted of felonies that did not involve a homicide cannot be locked up for…
Nursing Home Workers Charged With Manslaughter in Florida
Manslaughter is the killing of another human being without malice aforethought. That means a person may not have intended for the other person to die (unlike homicide/murder), but nonetheless that was the result of one’s conduct, usually reckless or criminally negligent. It can stem from crimes like driving drunk, criminal…
Data Suggests Florida Traffic Stops Being Used to Initiate Deportations
It’s no secret that immigration enforcement has increased in recent years under President Donald Trump’s administration, the stated purpose being to target undocumented residents who commit crimes. However, The Tampa Bay Times reports that federal data shows detention of immigrants with no criminal conviction has soared. This is especially true…
Florida Petty Thefts Treated as Felonies; Bill to Change That Fails
It’s hard for some folks to believe that non-violent, small-time, petty theft can land people in a Florida prison for years. But it happens all the time, both because of Florida’s low felony theft threshold and minimum mandatory penalties for those convicted of prior offenses. Two bills that had been…
When Drug Dealing Ends in Death – Florida Criminal Defense Perspective
Florida’s penalties for drug traffickers are harsh. With few exceptions, penalties imposed for homicide are much harsher. But increasingly, when drug users die, their dealers are being charged with their murder – thanks to a 2017 Florida law passed unanimously by the state legislature. For example last year, a 26-year-old…
Judge: Florida Defense Lawyers Should Rely on Hearsay Statute, Not Case Law
An appellate judge for the Fourth District Court of Appeal says he sees a recurring problem in Florida criminal cases when it comes to hearsay. Specifically, it’s being confused with the Confrontation Clause of the Sixth Amendment to the U.S. Constitution, and therefore subject to being weighted more heavily by…
Court in Gang Criminal Case Orders Social Media to Release Private Posts
In an unprecedented move that not only greatly concerns criminal defense lawyers but also prosecutors and free speech advocates, the California Supreme Court in a gang-related murder trial has ruled that attorneys can subpoena private social media posts pertinent to the case. Interestingly, the request for production of those records…
New U.S. Hemp Law Halts Marijuana Drug Arrests Based on “Sniff Tests”
Florida arrests that begin with probable cause searches initiated by the “sniff test” (i.e., detecting the distinct aroma of cannabis) may be no more. For that, we can thank the 2018 U.S. Farm Bill legalizing hemp and its derivative CBD (cannabidiol), as well as the Florida statute that followed to…
Floridians Guilty of Prostitution: Prepare to Have Your Mug on Blast
Florida has one of the broadest public records laws in the nation, which means one of the most powerful bargaining chips Florida prosecutors have – particularly in sex offense cases – is shame. There are the initial mugshots, incident and arrest reports and identifying details all available for public release…