Many people think that if they are not doing anything wrong on the streets, that it is completely illegal for cops to stop them. In South Florida and many of its jurisdictions such as Miami, Fort Lauderdale, West Palm Beach, Broward County, Dade County and Palm Beach County, there are…
South Florida Criminal Defense Lawyer Blog
Suppressible Evidence
One of the most commonly known cases is Miranda vs. Arizona, which gave life to what is now known as the “Miranda Rights”. In South Florida and in all its jurisdictions such as Miami, Palm Beach and Fort Lauderdale, many motions to suppress are brought into court to argue that…
South Florida Cases and Inadmissible Evidence
In South Florida, and all of its jurisdictions including Fort Lauderdale, Miami, West Palm Beach, Broward County, Dade county, and Palm Beach county, not every piece of evidence is admissible in court. To determine this, Florida Statutes decide when evidence can be admitted and which type of evidence is not…
The Roof Is On Fire – Arson vs. Insurance
According to Florida Statute 806.01, arson is when any person willfully and unlawfully, by fire or explosion, damages or causes to be damaged any dwelling, either occupied or not. What this means is that arson is basically the damage of a property by fire or explosion. To prove that the…
Robbery in South Florida
In South Florida and in the Counties of Broward, Miami Dade, Palm Beach and in the cities of Fort Lauderdale and Miami, robbery is when a person takes money or other type of property with the intent to permanently or temporarily deprive the person of the property, when using some…
Alibi in South Florida
An Alibi is a defense in criminal cases. In South Florida, and all of its jurisdictions, such as Miami, Ft. Lauderdale, West Palm Beach, Broward County, Dade County and Palm Beach County, a person accused of a crime can use the criminal defense of alibi in court. An alibi in…
Was it an Assault or a Battery?
In South Florida and all its jurisdictions such as Miami, Fort Lauderdale, West Palm Beach, Broward County, Dade County and Palm Beach County, people are often confused with battery and assault charges. Details about what constitute assault and battery can be found in chapter 784 of Florida Statutes. So why…
13 Years Old But Charged as an Adult in Florida
The US Supreme Court ruled this summer that it is unconstitutional for juvenile offenders to get mandatory life sentences without parole. But Cristian Fernandez, a 13 year old boy from Jacksonville, Florida, may change the way juveniles convicted of first degree murder are sentenced. Cristian Fernandez is the youngest inmate…
Did You Have A Motive?
Not only in the counties of Broward, Palm Beach and Miami-Dade but also in other areas of South Florida, when a crime is being investigated, one of the most important elements is the Mens Rea. This is a phrase in Latin which means a Guilty Mind. The guilty mind is…
They Didn’t Arrest Me! – Am I Free Of Charges?
Sometimes a person can be charged with a crime and still be “on the loose”. This doesn’t mean, of course, that the charge was dismissed or that the person was set completely free of culpability and doesn’t have any further responsibility about what happened at that time. So what happens…