Articles Posted in Criminal Law

If you or a loved one is facing criminal charges in Florida, it is crucial to understand whether the case is being prosecuted in state court or federal court. While both systems follow legal principles of due process and constitutional rights, they differ significantly in terms of jurisdiction, laws, procedures, and potential penalties. Here’s what…

When an individual is charged with a federal crime, one of the first legal hurdles they may face is a pre-trial detention hearing. At this hearing, a U.S. Magistrate Judge determines whether the accused should be released pending trial or detained. Unlike state bond hearings, federal pre-trial detention decisions follow strict statutory guidelines under the…

In January 2025, Florida enacted the “Halo Law,” introducing a 25-foot buffer zone around law enforcement officers, firefighters, and emergency medical personnel. This legislation aims to enhance the safety of first responders by limiting public proximity during active duties. However, it has sparked debates concerning potential conflicts with First Amendment rights, particularly regarding freedom of…

Introduction The Fifth District Court of Appeal of Florida recently issued a ruling in Erica Black v. State of Florida, reversing and remanding her sentencing due to a misunderstanding regarding the nature of her plea agreement. Black, who was convicted of aggravated battery and animal cruelty, entered a no-contest plea believing that her total prison sentence would be capped at 10 years. However, the trial…

In Florida, most criminal cases are decided by a jury of peers. However, in some circumstances, a defendant may opt for a non-jury trial, also known as a bench trial, where the judge alone determines the outcome. Understanding when and why a defendant might choose a non-jury trial is crucial for anyone facing criminal charges.…

El reingreso ilegal a los Estados Unidos es un delito federal grave que puede resultar en severas sanciones, incluyendo prisión y deportación. Según 8 U.S.C. § 1326, las personas que han sido deportadas, removidas o a quienes se les ha denegado la entrada y luego regresan ilegalmente pueden enfrentar cargos por delitos graves. Un caso…

Illegal reentry into the United States is a serious federal offense that can lead to harsh penalties, including imprisonment and deportation. Under 8 U.S.C. § 1326, individuals who have been previously deported, removed, or denied entry and then unlawfully return to the U.S. can face felony charges. A recent case highlights the government’s aggressive prosecution…

The federal sentencing process can be complex and intimidating for defendants facing criminal charges. One of the most critical aspects of this process is the Federal Sentencing Guidelines, which play a significant role in determining the penalties for federal offenses. These guidelines aim to promote consistency in sentencing while allowing for judicial discretion in certain…

Earlier today, the Florida Third District Court of Appeal issued a significant ruling in DelJimmyo Wright-Johnson v. State of Florida, a case that raises important questions about whether the smell of marijuana alone still provides police with probable cause to search a vehicle. This decision highlights the evolving legal landscape following Florida’s legalization of medical…

Stalking, cyberstalking, and harassment are serious offenses under Florida law. These behaviors can cause significant emotional distress and, in some cases, may lead to severe legal consequences for the offender. If you or a loved one is experiencing stalking or harassment, it is crucial to understand your rights and legal remedies. What is Stalking Under…