Category: Blog

          The rule that governs the expunction of criminal history records in Florida states that “any request for expunction of a criminal history record may be denied at the sole discretion of the court.” Nevertheless, Florida law has consistently held that the words “sole discretion” do not permit judges to arbitrarily deny requests for expunctions. […]

          The Double Jeopardy Clause, which is contained in the Fifth Amendment to the United States Constitution, states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb."             The Double Jeopardy Clause is designed to protect individuals accused of committing crimes against the […]

          Imagine the following scenario:  You have been charged in federal court with one count of conspiracy to distribute crack cocaine.  After reviewing the prosecutor's evidence against you, you decide that it is in your best interest to plead guilty to the one count that you have been charged with.  Your lawyer then obtains a […]

It is becoming more and more commonplace to hear news accounts of individuals who were convicted of first-degree murder, sentenced to death, and then released years later after it was discovered (typically through DNA testing) that they were actually innocent. Whenever a horrific story like this appears, someone who favors the death penalty invariably states […]

          It has long been the law in Florida that a person's probation cannot be violated based solely upon hearsay.  This particular rule of law was at issue in the case of Lewis v. State of Florida which was decided in 2008 by Florida's Fourth District Court of Appeal.             In the Lewis case, Monica […]

          It is common knowledge that it is illegal for someone who has been convicted of a felony to possess a firearm.  But what is not so commonly known is that it is also a federal crime for a person who has been convicted of a misdemeanor crime of domestic violence to possess a firearm. […]

It used to be the case that anyone convicted of driving with a suspended license in Florida three or more times was guilty of a third-degree felony carrying with it a maximum penalty of five years in prison. But in July 2008 the law changed to the extent that certain individuals convicted of driving with […]

       Florida law provides that under certain circumstances an individual may have his name removed from the sex offender or sexual predator registry.  However, before that can occur, the judge deciding the matter must determine that removal of the person's name will not conflict with federal law.           In a recent case called Miller v. State […]

          A criminal conviction (which includes a withhold of adjudication) can have serious ramifications pertaining to the deportation of someone who is not a United States citizen but who wishes to remain lawfully in the U.S.           The Immigration and Nationality Act sets forth various criminally-related grounds for deportation.  Some of those grounds are: Crimes of moral […]

          According to Florida law, a person cannot be arrested for using force--even deadly force--unless the police first determine that there is probable cause to believe that the force used was unlawful.  But what happens in those situations in which the police believe that the force used was unlawful?  Are the police allowed to actually state their […]