Many criminal prosecutions in Florida start with something as simple as a routine traffic stop. What might seem like an ordinary interaction with law enforcement can quickly escalate into a much more serious situation based on what is seen or found in the suspect’s vehicle. For instance, an officer might pull someone over for a ..read more

Hearsay is a term that often comes up in legal discussions, especially in criminal cases. In simple terms, hearsay is any statement made outside of court that is presented in court to prove the truth of the matter asserted. While this type of evidence can sometimes provide valuable insights, it is often considered unreliable. Hearsay ..read more

The U.S. Constitution protects individuals from being compelled to incriminate themselves during a criminal investigation, a right commonly known as “Miranda rights” after the landmark Supreme Court case Miranda v. Arizona. These rights require that individuals be informed of their right to remain silent and their right to an attorney before any custodial interrogation. Florida ..read more

Allegations of criminal threats through electronic means have increased with the proliferation of social media and digital communication platforms. Interpreting electronically communicated threats can be difficult for authorities as well as potential victims. A notable case recently heard by a Florida appellate court involved a juvenile who was convicted for sending an electronic threat via a text message that included an emoji. The juvenile in question was charged with making threats after a series of direct messages on Instagram, which were deemed threatening by the prosecution, although the ..read more

In Florida, criminal defendants can face significant challenges during their trials, particularly when police testimony exceeds the boundaries set by prosecutors’ questions. Such overreaching testimony can unfairly influence a jury, leading to potentially unjust outcomes. Recently, a Florida court of appeals addressed a defendant’s challenge regarding broad police testimony, discussing how such situations are handled and when a mistrial might be considered versus when a curative jury instruction can be deemed sufficient. According to the facts discussed in the recently published opinion, the c ..read more

Domestic violence allegations in Florida can be some of the toughest types of charges for judges and juries to evaluate. Often, domestic violence charges are based upon “he said-she said ” situations, and it is up to the judge to determine what types of evidence and argument that a jury can hear in order to determine the guilt or innocence of the accused. Generally, the final charges to the jury, in the form of jury instructions, can be used to frame the charges in a way to give one side an advantage over the other. Because of this, there are strict requirements concerning how and what can be ..read more

As technology continues to evolve, so do the tools law enforcement agencies use in criminal investigations. One such tool is Automated License Plate Readers (ALPRs), which capture license plate numbers and vehicle movements for various law enforcement purposes. However, the admissibility of ALPR evidence in criminal prosecutions raises important legal questions, as highlighted in a recent judicial opinion. The 11th Circuit U.S. Court of Appeals recently ruled on a case in which ALPR evidence played a significant role in an attempted murder-for-hire trial. The evidence consisted of reports from ..read more

Domestic violence allegations in Florida can be some of the toughest types of charges for judges and juries to evaluate. Often, domestic violence charges are based upon “he said-she said ” situations, and it is up to the judge to determine what types of evidence and argument a jury can hear in order to determine the guilt or innocence of the accused. Generally, the final charges to the jury, in the form of jury instructions, can be used to frame the charges in a way that gives one side an advantage over the other. Because of this, there are strict requirements concerning how and what can be to ..read more

Child pornography prosecutions in Florida are often reliant on evidence that was obtained by the issuance of a search warrant. In evaluating Florida child pornography cases, understanding the intricacies of search warrant requirements is crucial. If a prosecution relies upon evidence obtained without a valid warrant, dismissal of the charges may be mandatory. A recent Florida judicial opinion provides valuable insights into the necessary details for a search warrant to issue in such cases. The case revolves around a Florida detective’s investigation into child pornography that was allegedly po ..read more

As technology progresses, Florida police officers, prosecutors, and courts face novel questions as to how the Fourth Amendment protections against unlawful searches and seizures apply to evidence sought from a cloud account or other online storage source. The Eleventh Circuit United States Court of Appeals recently ruled on a case where the defendant had challenged the validity of a search warrant that was used to obtain evidence against him for a firearm charge. The defendant challenged the breadth of a warrant that allowed the police access to his entire iCloud account. According to the fact ..read more