Category Archives: Criminal Defense
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 »
Endgame: How A Tampa Criminal Defense Attorney Could Resolve Your Case
Most legal disputes settle out of court. In fact, trials resolve fewer than 5 percent of the criminal cases in Hillsborough County. These negotiations are much like any other negotiations, at least in many ways. No one would bargain over the price of a car without knowing some basic supply and demand facts. Similarly,… Read More »
Five Common Types Of White Collar Crimes
Most of Florida’s white collar crimes are listed in Chapter 817 of the Florida Annotated Statutes. There are various types of white collar crime. Some of the more common ones are examined below. Yet they all have a few things in common. For example, all white collar crimes are nonviolent financial crimes. However, in… Read More »
The Burden Of Proof In Criminal Matters
In the United States, criminal defendants are always innocent until proven guilty. However, the amount of proof needed varies in different cases. There are also different burdens of proof at different points of a criminal trial. The stakes are always high in these situations. A criminal conviction or a proven probation violation has significant… Read More »
Expanded Jail Release Options In Florida
The Constitution’s Eighth Amendment prohibits “excessive bail” in criminal cases. Excessive is a vague word which could mean many different things. As the percentage of unsentenced inmates rises, more options become available under the excessive bail prohibition. No one wants to see people remain in jail simply because they cannot afford to make bail…. Read More »
How Does a Tampa Defense Lawyer Resolve Criminal Charges?
Two hundred fifty years ago, criminal trials, usually jury trials, resolved almost all criminal cases. The percentage gradually dropped over the years. However, even as late as the 1980s, the trial percentage was fairly high. Today, the trial rate is about 3 percent. Some cases plead out almost immediately. Others do not end until… Read More »
Top Five Search Warrant Exceptions
During the Colonial period, Americans resented the fact that British officials used blank search warrants to rummage through their personal property any time they wanted to do so. So, the Founding Fathers added the Fourth Amendment to the Constitution. This provision states that search warrants must be based on probable cause. Over the years,… Read More »
What’s the Burden of Proof in Criminal Court, And Why Does It Matter?
In what many people considered the trial of the century, former football star O.J. Simpson was acquitted of double murder charges in the mid 1990s. A short time later, a civil jury considered essentially the same evidence and concluded that Simpson was legally responsible for the murders of Nicole Brown Simpson and Ronald Goldman…. Read More »
How Do Tampa Attorneys Resolve Criminal Cases?
Once upon a time, when the Republic was founded, criminal defendants looked forward to their day in court. But these days usually do not happen anymore. Only about 2 percent of today’s criminal cases go all the way to trial. For the most part, these plea bargains are good things. They usually involve reduced… Read More »
