In Florida, the Constitution protects people from unreasonable searches and seizures from law enforcement. This means the police cannot just stop, detain or search a person based on speculative reasons or for no reason at all. Depending on the circumstances and the nature of the intrusion into a person’s privacy,…
When a defendant in Florida pleads guilty or no contest to a crime, or goes to trial and is convicted by a jury, the next step is for the judge to sentence that defendant. Most sentences for crimes other than minor misdemeanors involve incarceration, probation or both. When a defendant…
Over the last several years, there has been a lot of litigation over whether, how and to what extend the police and prosecutors can access a person’s cell phone data. As everyone is aware, cell phones can contain a wealth of information about a person, his/her activities and the people…
In Florida and other states, a person has a right to privacy in his home, automobile, personal effects and other property. This means that the police cannot just search a person or his/her property based on suspicion or because they feel like it. However, the rules are different for people…
In Florida, the state constitution provides that medical records are private and protected from discovery by the state. In order to obtain a defendant’s medical records, the state must prove that the records are relevant to the case. The state is not permitted to subpoena a defendant’s medical records at…
In the digital age, when so many people keep cell phones, Ipads, fitness trackers and other electronic devices with them at all times, the courts are grappling with issues of privacy when law enforcement seeks to obtain information about people during their investigations. We have discussed some of these issues…
In a criminal case just south of Jacksonville, Florida, the defendant was arrested for possession of a firearm by a convicted felon after an employee at a restaurant called the police and reported that he appeared to have a gun in his waistband. There was no indication the defendant pulled…
In our last blog post, we discussed the problems and dangers of government abuse that come with mandatory minimum prison sentences for various crimes. In this blog post, we will review a recent report from the United States Sentencing Commission which discusses the effects of mandatory minimum prison sentences from…
In criminal cases in state and federal courts, one major landmine in getting cases resolved and trying to get fair results is crimes that carry mandatory minimum prison sentences. There are few greater injustices in the criminal system than the advent of the mandatory minimum prison sentence. Additionally, they are…
In Florida, when a defendant pleads guilty or no contest to a criminal charge or is found guilty after a trial, the judge will sentence that defendant. A sentence can involve jail or prison time or a term of probation, or both. If a person is sentenced to probation, that…