Changes in Florida's Clemency Law

           Clemency has been defined as "the forgiveness of a crime or the cancellation (in whole or in part) of the penalty associated with it."

 

          I posted an article on my website, Florida Criminal Records:  Frequently Asked Questions, that was written by Florida attorney Reginald Garcia in which he discusses changes in Florida's clemency law that went into effect earlier this year.  I highly recommend Mr. Garcia's article to anyone who is interested in learning more about these significant changes in the law.

Robert Champion's Death Ruled a Homicide: Now What?

           An article that appeared two days ago in the Orlando Sentinel reported that an autopsy performed on Florida A & M drum major Robert Champion concluded that his death was a homicide.  But what type of homicide will those responsible for his death ultimately be charged with?  first degree murder?  second degree murder?   third degree murder?  manslaughter?

 

          My guess is that they may likely be charged with the crime of manslaughter which Florida law defines as "[t]he killing of a human being by the act, procurement, or culpable negligence of another, without lawful justification . . . and in cases in which such killing shall not be excusable homicide or murder."

 

           In the case of Darrin Terranova versus the State of Florida, Mr. Terranova was charged with committing the crimes of manslaughter and aggravated battery after beating another individual who ultimately died from his injuries.  Because Robert Champion also died after being beaten, it may be the case that those responsible for his death will be charged with the same offenses that Terranova was charged with and convicted of.

A Judge's Discretion to Deny Your Petition to Expunge Your Criminal Record is Limited

           In the case of Wells versus the State of Florida, Kim Wells appealed a judge's decision denying her petition to expunge her criminal record without first holding a hearing.  An article that I wrote on my website, Florida Criminal Records:  Frequently Asked Questions, examines the Wells case and why it was that a court of appeals agreed with her.

Licensed to practice in Florida