Marsy's Law: Crime Victims' Rights in Florida In Florida, crime victims and their families have certain constitutionally guaranteed rights under what is known as Marsy's Law. The constitutional amendment, named after Marsalee "Marsy" Nicholas, a victim of a brutal crime, was designed to protect and empower crime victims. The amendment to the state constitution was approved by voters in [...]
Discovery in Florida Criminal Cases If you’ve been arrested and charged with a crime in Florida, you probably have many questions about what happens next. One important part of the criminal justice process is something called “discovery.” Keep reading to discover what discovery is, why it matters, and how an experienced Miami criminal defense lawyer can help ensure you [...]
What Is an Arrest Under Florida Law? Being arrested can be a scary and disorienting experience. Suddenly, you're in handcuffs, being read your rights, and taken into police custody. It's important to understand what constitutes an arrest under Florida law and your rights during the process. This guide breaks down the key things to know if you find yourself arrested [...]
The Abandonment Defense Under Florida Criminal Law If you have been charged with a criminal attempt, solicitation, or conspiracy in Florida, you may be able to raise an abandonment defense under Section 777.04(5) of the Florida Statutes. This defense applies when you have taken steps toward committing a crime but voluntarily renounced your criminal purpose before completing the actual [...]
Florida's Romeo and Juliet Law Offers Protection Some Other States Don't A recent article highlighted a disturbing case where an 18-year-old named Henry was sentenced to 6 years in prison for having consensual sex with a 16-year-old he met online. The story, included in sociologist Emily Horowitz's new book From Rage to Reason, illustrates the severe consequences that strict statutory [...]
How to Withdraw a Guilty or No Contest Plea in Florida If you have entered a guilty or no contest (nolo contendere) plea in a Florida criminal case, you may be able to withdraw your plea under certain circumstances. Withdrawing a plea after it has been formally accepted by the court is not easy, but it can be done. This [...]
Understanding the Shopkeeper's Privilege in Florida If you've ever been detained by a store owner or employee under suspicion of shoplifting, you may be wondering about your rights and the legality of the situation. This is where the concept of the "Shopkeeper's Privilege" comes into play. This post explains how the Shopkeeper's Privilege works in Florida, what it allows [...]
Who Has Jurisdiction When a Crime is Committed on a Cruise Ship? While most people embark on cruises to escape the daily grind and indulge in a slice of paradise, the unfortunate reality is that crimes can and do happen on the high seas. Cruise ships frequent the port of Miami and embark on tropical getaways through international waters. But [...]
Felonies vs. Misdemeanors: Understanding the Key Differences in Florida Criminal Law If you've been charged with a crime in Florida, one of the first things you'll want to know is whether it's a felony or a misdemeanor. The distinction between the two types of crimes is important, as it can have significant implications when it comes to sentencing and [...]
The Entrapment Defense in Florida Criminal Cases Entrapment is a criminal defense that can be raised when law enforcement officers or government agents improperly encourage or induce a defendant to commit a crime they were not already predisposed to commit. Entrapment claims are based on the conduct of law enforcement in essentially creating crime rather than uncovering existing criminal activity. [...]
