If you are facing charges that include being within 1000 feet of a daycare facility, you probably already know that your charges can be enhanced if, in fact, the crime you are being accused of occurred within 1000 feet of such a facility – whether or not you knew it was there. But did you ...
The inevitable discovery doctrine holds that illegally obtained information or evidence can be admissible if it ultimately or inevitably would have been discovered by lawful means. But the prosecution must establish this by a preponderance of the evidence. Normally, this isn’t too difficult a standard to meet, however, courts are making it harder and harder ...
Many times, when I have a new client come in to discuss their case with me, they tell me that they know they screwed up because they talked to the police and admitted to something bad. Now sometimes that person did dig a deeper hole for themselves – and sometimes not. Here’s why. When you ...
Florida Criminal Rule of Procedure 3.150(a) tells us that two or more offenses that are triable in the same court may be charged in one indictment/information when the offenses are based on the same transaction or on 2 more connected acts or transactions. Florida Criminal Rule of Procedure 3.152(a)(2) explains when a court must grant ...
Most people associate burglary with stealing, right? That’s what most of my clients tell me anyway. In the State of Florida, a burglary of a dwelling is defined as (1) entering a structure owned by or in the possession of another and (2) doing so with the intent to commit any criminal offense therein. So ...
There are two kinds of entrapment – objective entrapment and subjective entrapment. Objective entrapment bars prosecution of a crime when government action or conduct so offends decency or a sense of justice such that it amounts to a denial of due process. Subjective entrapment focuses on the inducement of the accused based on a lack ...
Hearsay Tape Recording If you find yourself in the back of a police car with another person, be forewarned that there is a possibility that there could be a hidden tape recorder. Not in all cases, but in this instance, the evidence found on the tape recorder was admissible in trial. InBowens v. State of ...
Assault Charges: Elements for Conviction When faced with an assault charge it is important to know that there are three elements required to be convicted with those charges. They include An intentional, unlawful threat An apparent ability to carry out the threat Creation of a well founded fear that the violence is imminent. Case Analysis: ...
Possession of a Controlled Substance – 893 Offenses You may already know that when you are charged with a crime in Florida, the burden is wholly on the State to prove each element of the crime beyond and to the exclusion of all reasonable doubt. The defense does NOT have prove anything. But let’s look ...
