Articles Posted in Florida Criminal Defense

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 admissible.
It all revolves mainly around the ideas of probative value and unfair prejudice. According to Florida Statute 90.403, evidence is excluded on the grounds of prejudice or confusion. According to that statute, relevant evidence is inadmissible if its probative value is outweighed by the danger of unfair prejudice.
Whether the evidence is going to mislead the jury is up to the judge, but the defendant has the right to file a motion to preclude certain evidence pursuant to F.S. 90.403 which balances the probative value of the evidence against the possibility of unfair prejudice for the defendant.

If you have been charged with a crime and believe that certain evidence against you shouldn’t be admitted to court, call a Florida criminal defense attorney today for a free consultation.

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 crime of arson was committed, the state has to prove two elements. First, it has to prove that there was actually damage to a property that was caused by fire or explosion.
The second element that needs to be proven is that the offense was committed willfully, or while the person was committing another felony.
Many people engage in that activity when they can’t pay their mortgage in their houses. In Arizona, a man committed suicide in the courtroom. Right after hearing the guilty verdict convicting him of setting his own house on fire, he swallowed a pill and died after 10 minutes.

For more information about arson and other criminal offenses, call an experienced criminal defense attorney 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 form of violence, force or inflicting fear.
In Florida, a crime of robbery may be classified as either a first degree offense or second degree. The element that makes the difference between a first degree and a second degree felony is the existence of a firearm.
Four elements need to be proven in order for a person to be convicted of a robbery. The defendant took the property, by a use of any form of violence or threat, the property had some value and there was an intent to deprive the person permanently or temporarily of the property.

For more information, call a South Florida criminal defense attorney for a free consultation.

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 an allegation by the defendant, proving its innocence, by proving he or she was not at the time and place where the crime was actually committed.
For example, let’s say that someone was murdered at the corner of 53rd and 3rd avenue on October 12th at 3:30pm. And you are one of the main suspects. Now let’s assume that on October 12th at 3:30pm you were at your grandmother’s house. An alibi then would be for your grandmother to testify in your favor, stating that you were with her at that time, which means you weren’t present at the time the crime was committed.

If you or someone you know is being accused of crime and you have proof that you were not present at the time, you should call an experienced criminal defense attorney in South Florida.

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 are people confused about the difference between assault and battery? The main difference is simple, an actual touching.
According to the Florida Statute 784.011 an assault is when a person intentionally threats another individual to inflict violence upon them, and is actually apparently capable of doing so. They create fear in the other person who believes that the act of violence will occur.
On the other hand, battery is an actual touching or striking of another human being against his or her will. The battery causes a bodily harm to the victim, while assault is mainly a threat by word.
An assault constitutes a misdemeanor of the second degree, punishable by a fine of up to $500 or imprisonment for no more than 12 months. Battery is a misdemeanor of the first degree, punishable by up to 1 year in prison.

In cases of battery and assault, it is important to have an experienced criminal defense attorney. Call a South Florida criminal defense attorney for a free consultation.

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 awaiting trial in Duval County, Florida and could be facing life sentence. He is being accused of first degree murder of his 2 year old brother and the sexual abuse of his 5 year old brother.
This case is generating controversies all over the country with people arguing about the right actions to be taken against Fernandez. Some are saying he should be convicted as an adult for the heinous crimes he committed in order to pay for his actions. Other believe that he has a painful past that lead him to this and that what he really needs is help, not spending his life in prison.

He is awaiting trial, and it is now up to Florida courts to decide the outcome that may possibly change the way juvenile offenders are handled in cases like this.

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 an important element in cases involving criminal acts such as homicide, manslaughter, and other felony crimes.
The State of Florida has the burden of proving that the element of mens rea actually existed at the time the crime was committed. In order to prove that the element was present, they may try to identify a possible motive for the perpetrator to commit the offense.
It will be easier for the jury to believe that the element of mens rea existed if they believe that the defendant had a motive to commit the crime. A motive is the reason behind a crime, for example a desire for revenge or financial pressure.
Without finding any possible motive that led the defendant to commit the crime, it is hard for the state of Florida to prove the guilty mind of the individual. However, it doesn’t mean that they will not come up with another element leading to the belief that mens rea was present.

If you are being charged with a felony, call a criminal defense attorney in South Florida for a free consultation.

Diminished capacity and insanity are terms often confused in criminal issues. In South Florida, when we talk about diminished capacity we are talking about a mental inability, caused by intoxication, trauma, or disease, that makes the person not accountable for their actions. This means that they were not able, due to their mental status, to distinguish right from wrong. In Fort Lauderdale, Miami, and Palm Beach, the person who is alleging a defense of diminished capacity, is trying to convince the state of Florida that at the time the committed the criminal act they were not aware or even capable of being aware of the nature of their actions.
The main difference between insanity and diminished capacity is that while insanity is a legal term that is grounds for an affirmative defense, diminished capacity is a medical term. In South Florida, while insanity may consist of a full defense in a criminal trial, diminished capacity is a way of pleading to a lesser crime.

When dealing with cases of diminished capacity or insanity, it is crucial to speak to a lawyer who is qualified and experienced. If someone you know is being accused of a crime in the counties of Broward, Palm Beach and Miami, and you believe the person was not capable of knowing the nature of their acts, you should call a South Florida criminal attorney for a free appointment.

There are cases that South Florida considers as “Capital felonies”. These cases are the ones punishable by life in prison or even death penalty. These cases mostly involve murders, capital drug trafficking, armed kidnapping and rape. The felony courts in Ft Lauderdale, Miami and Palm Beach consider aggravating and mitigating circumstances when deciding whether a person must be sent to death sentence or sent to life in prison.

If you want to know what the different capital felonies in South Florida are and what could be the different mitigating factors to build a defense, you need to call a criminal attorney. In cases such as death sentences and life felonies, the choice of your attorney is crucial. Call an experienced criminal defense attorney in South Florida.

Cities in South Florida such as Fort Lauderdale, Miami and Palm Beach deal with a high number of felony cases and appeals. In Florida, cases in the state criminal court and also in the United States Supreme Court have been handled by criminal defense attorneys.

If someone you know is being accused of a crime listed, under the Florida rules, as a capital felony, you need to make a call now. Call an experienced criminal defense attorney in South Florida.

In South Florida, there are statutes that define controlled and non-controlled substances, as well as statues that define the amount of a particular drug that is needed for a criminal charge to take place. After the “War on Drugs” in 1980, the number of cases involving drug trafficking has increased tremendously. This is true not only for Miami, Fort Lauderdale and Palm Beach, but also for other regions in South Florida. Punishment became strict towards people involved in drug trafficking, minimum sentences were created, and the number of arrests doubled.
The Florida statutes on drug trafficking stipulates different substance categories as well as the amount, which differs for each different drug. The most common drug trafficking cases involve marihuana, cocaine, and methamphetamine, among others.
When there was a weapon involved during the drug related offense, this raises the charge to what the Florida statute defines as armed drug trafficking. When this is the case, the minimum sentencing guidelines are enhanced.

If you, or someone you know, has been accused and charged with a drug related crime such as armed drug trafficking, you need to call a criminal defense attorney in South Florida immediately for a free consultation.