A Motion to Dismiss a request to a judge to throw out a count or counts against you. In Florida, there are several different types of motions to dismiss that your criminal defense lawyer can file, including motions based on being pardoned, double jeopardy, and immunity. However, the most common…
In Florida, the process for a person getting out on bond while a criminal case is pending is usually fairly standard. If the police officer obtains an arrest warrant to arrest a suspect based on a prior crime, the judge who signs the arrest warrant will normally also place a…
When a person enters a guilty or no contest plea or is convicted in a criminal trial, the next step is normally for the judge to sentence the defendant. A criminal sentence can involve incarceration, probation or both. If a defendant is placed on probation, he/she is placed on probation…
Most people are aware of the Florida Stand Your Ground law as it received a lot of notoriety during the George Zimmerman case and other cases in Florida since then. Essentially, the law says that people in Florida are not required to retreat and can use deadly force if he/she…
In Florida, and likely in all of the other states as well, it is illegal for a person to prevent another from reporting a crime or otherwise providing information about criminal activity to the police or in court. This is part of a more inclusive statute dealing with witness tampering. …
As most people know, when a person is arrested or otherwise taken into custody, they have certain rights about which the police must inform that suspect. That person has a right to remain silent and consult a lawyer without ever speaking to the police. People always have this right, but…
While it is one of the more misunderstood amendments, just about everyone has some familiarity with the First Amendment. The First Amendment covers a few general areas, but most people recognize it as giving people a right to free speech. One area where it is commonly misunderstood is when speech…
When a person is arrested for a new criminal charge in Florida, that person is entitled to a hearing to have a reasonable bond set for the case. Not everyone will get a bond. For instance, some charges are so serious that a judge might set no bond for a…
In Florida and elsewhere, when a suspect is arrested, he/she has a constitutional right to remain silent and consult a lawyer before making any statements or making any important decisions about the case. In fact, for just about every defendant in a criminal case, this is exactly what a suspect…
Whether through books or TV shows or movies, most people in Florida have heard the Miranda warnings and understand that the police are supposed to read them to a suspect after he/she has been arrested. It is important that the police inform people of their constitutional rights upon their arrest. …