Category Archives: Criminal Defense
Top Five Search Warrant Exceptions
Back in colonial times, British authorities had the power to randomly search property and seize contraband, based on nothing more than a hunch. So, the Founding Fathers added the Fourth Amendment to the U.S. Constitution. Under this provision, searches are only authorized if police officers have affidavits based on probable cause. Over the years,… Read More »
Expunging Or Sealing Juvenile Criminal Matters In Hillsborough County
Once courts release defendants from their sentences, the effects of a criminal conviction linger, often forever. Contrary to popular myth, juvenile convictions in Florida are not expunged or sealed automatically. Instead, these convictions continue to stain your permanent record. Under Florida law, these individuals have some options. These options could open doors to former… Read More »
Top Five White Collar Crimes in Hillsborough County
In 1939, sociologist Edwin Sutherland defined “white collar crime” as financially motivated, nonviolent crimes. These labels are not entirely accurate. For example, many computer criminals break into banks and other institutions to make a statement, not to steal money. Furthermore, anyone who has ever been the victim of identity theft or a Ponzi scheme… Read More »
Pre And Post Conviction Resolutions In Hillsborough County
Trials are inherently risky. There’s simply no telling how twelve jurors will view the evidence in a given case. Plea bargains avoid this risk. That’s mostly why about 95 percent of criminal cases settle out of court. These resolutions usually feature reduced charges and/or a reduced sentence. Although that’s not the same thing as… Read More »
What Must The State Prove At Each Phase Of A Criminal Case?
At each of the three phases of a criminal case, the state has the burden of production and the burden of persuasion. The burden of production is a responsibility to produce evidence on a given point. This evidence could be tangible proof, like the veritable “smoking gun,” or intangible proof, like a witness’ testimony…. Read More »
Search Warrant Requirements In Florida
Random property searches during the pre-revolutionary War era were one of the most serious points of contention between American colonists and their British overlords. Officials used writs of assistance, which were basically blank search warrants, to randomly search property for contraband. Back in those days, “contraband” was anything the British government didn’t like. So,… Read More »
Jail Release Options In Hillsborough County
Many of the personality changes and other issues incarcerated people face can be traced to the brain injuries these individuals usually suffer. When cell doors close, the defendant’s stress hormone levels elevate significantly. So, these individuals often cannot make good decisions about their cases when they are in jail. When they get out, friends… Read More »
Setting Up A Successful Plea Bargain In Hillsborough County
In the early years of the Republic, trials resolved almost all criminal cases. But then the United States grew rapidly, in terms of population and area. Taxpayers weren’t willing to pay for the additional courts needed. As a result, plea bargains became increasingly common in the overburdened judicial system. One of the earliest recorded… Read More »
Civil Vs. Criminal Actions: Some Key Differences
Until about 1850, America was not a very large or sophisticated country. Most courts heard both civil and criminal matters, and frequently, these matters overlapped. For example, disaffected wives often brought criminal cases against wayward husbands, accusing them of adultery, drunkenness, and other shenanigans. Some of that overlap remains, especially regarding car crashes and… Read More »
Search Warrant Requirements In Florida
During Colonial times, British officials used blank search warrants, called writs of assistance, to search private property, ostensibly for evidence of smuggling. Of course, there were a number of abuses, especially since these blank search warrants were transferable. So, Congress quickly added the Fourth Amendment to the Constitution. The states quickly ratified this amendment,… Read More »
