Anyone who’s facing criminal charges should get started on a defense strategy as soon as they have been accused of wrongdoing. This typically requires the assistance of a legal representative who’s familiar with the specifics of the case, the laws as they apply to the matter and the precedents that will impact it. Take, for example, Jane Dorotik. She was wrongfully convicted and imprisoned for nearly two decades for the murder of her husband. Her ordeal highlights several key issues within the criminal justice system, particularly the consequences of inadequate forensic practices and the poten ..read more

There are many ways for police officers in Florida to enforce driving under the influence (DUI) statutes. Frequently, police officers engage in targeted traffic stops. They monitor the behavior of an individual driver and determine that they could very well be under the influence. They then stop that driver to ask them a few questions. A suspicious police officer might have a driver exit the vehicle to perform field sobriety tests and then request chemical testing. A failed chemical test might lead to someone’s arrest and prosecution for DUI charges. Sometimes, police officers arrest people at ..read more

Driving under the influence (DUI) charges are some of the most common criminal infractions in Florida. People get arrested for impaired driving every day. Often, these are victimless offenses. The arrested driver did not cause property damage or injury to others. Instead, police officers simply allege that they failed a breath test or otherwise displayed impairment while driving. Sometimes, those accused of a DUI offense choose to plead guilty, especially if they don’t have prior criminal charges on their record. People assume that the courts may treat them leniently for a minor offense where ..read more

Drug possession charges in Florida carry life-altering penalties. Even if a defendant avoids incarceration, the criminal record that results from a conviction or guilty plea will be available to everyone from colleges determining enrollment and financial aid to prospective landlords and employers. For those accused of drug offenses, a robust defense is almost always a better option than pleading guilty and placing oneself at the mercy of the Florida criminal courts. What are some of the most common drug defense strategies in Florida?  Challenging the search Police officers can arrest some ..read more

To detect drugs, police officers will often use specially trained dogs. You may find them in traffic stops or other locations. The goal is for the dog to alert the police officer if it smells illegal drugs, and that alert is then probable cause for the officer to search the individual or their vehicle. In fact, dogs are so useful in this capacity that police officers will come sometimes call them “probable cause on four legs.” However, this nickname also reveals a dark side to the whole process, in that these dogs are unreliable and the police officers often know it. Alerting in every case For ..read more

Eyewitness testimony has long been regarded as a powerful tool in criminal investigations. It can sway juries, convict the guilty and exonerate the innocent. However, this seemingly powerful piece of evidence is not without its flaws. The credibility and accuracy of eyewitnesses have come under scrutiny in recent years, raising concerns about the reliability of their accounts and about the practice of allowing this kind of testimony to make or break a criminal case. The unreliable nature of human memory Human memory is unlike a video recording that captures events perfectly and accurately. It ..read more

The criminal statutes in Florida make certain behaviors illegal and impose a range of potential penalties should someone plead guilty or be convicted of wrongdoing as defined by those statutes. Many crimes can potentially result in both minimum and/or maximum penalties, although the exact terms of the sentence imposed may depend on the discretion of a judge. They may be empowered to consider the severity of the offense and its impact on others, as well as the circumstances of the defendant before crafting the ins and outs of a final sentence. Aggravating factors, like the use of a deadly weapo ..read more

Unfavorable criminal proceedings do not end with a guilty plea or conviction. Sentencing, or the imposition of criminal penalties, will follow someone entering a guilty plea or the courts convicting an individual. State and federal laws provide guidelines regarding what sentence someone must serve after a criminal conviction, but the final determination is usually at the discretion of the judge overseeing the case. They have to consider the circumstances and also the four principles of criminal sentencing. What are the principles that influence the criminal sentence handed down by the courts ..read more

If you’ve been charged with a crime, you have a right to your day in court. If you’re innocent of the charges you’re facing, you may overcome your situation by presenting a strong defense. What if you have some legal culpability, but the charge you’re facing is too harsh for what you actually did? Perhaps you have knowledge or evidence that would help law enforcement and prosecutors arrest and charge someone else who committed more serious offenses than you. Under these circumstances, you might be offered a plea bargain. There are times when accepting a plea deal may be your best option. Fortu ..read more

Insurance fraud is one of the most common white-collar criminal offenses, and yet it is one that many people fail to understand. Insurance fraud occurs at both the individual and institutional levels and affects the economy negatively to the tune of billions of dollars annually. People who hold policies can commit insurance fraud, and so can agents or adjusters working for insurance companies. Businesses, like medical practices, are also major sources of insurance fraud. When you understand the elements of insurance fraud and what kind of behavior could lead to insurance fraud allegations, you ..read more