Category Archives: Criminal Defense
Is Beyond a Reasonable Doubt Used in Criminal Cases?
Yes, beyond a reasonable doubt is the standard of proof in criminal cases. Note that some “criminal” cases, such as probation revocation hearings, aren’t technically criminal cases. So, a lower burden of proof applies. Florida courts define a reasonable doubt as “an abiding conviction of guilt” that’s more than “a mere possible doubt, a… Read More »
Procedural Defenses in Assault Cases
Procedural defenses, which are usually based on a violation of the Bill of Rights, are very effective in assault and other criminal cases. If prosecutors don’t have enough evidence to convict defendants, they can usually find more. However, if police officers take shortcuts during the arrest and/or investigation process, prosecutors cannot go back in… Read More »
The DUI ALR Process Explained
Driving Under the Influence is a crossover matter that often has implications in both criminal and civil court. These civil court consequences usually include the Administrative License Revocation process. Usually, a failed or refused chemical test triggers this process, which allows the state to suspend a defendant’s drivers’ license without a conviction and, in… Read More »
Long-Term Effects of Juvenile Convictions
Florida law automatically expunges (erases) most juvenile criminal records when the former offenders turn twenty-six, which is very good news for these individuals. Many state laws don’t include this possibility. But the bad news is that a juvenile criminal record could haunt a person for at least a decade before the automatic expungement provision… Read More »
Florida Man in Jail After Allegedly Shooting Lyft Driver
On May 26, 2025, authorities arrested a 17-year-old Bay County man and charged him in connection with the fatal shooting of a ridesharing driver. According to the Bay County Sheriff’s Office, officers responded to a report of a shooting in Panama City Beach around 2:20 a.m. At the scene, deputies said they found a… Read More »
Woman Arrested for Threatening Children
On April 2, 2025, a 59-year-old woman was arrested on two counts of aggravated assault and false imprisonment after she allegedly held two children at gunpoint for fishing in her backyard. Brevard County Sheriff’s Office deputies responded to the woman’s home after she called 911 to report two teenage boys had been fishing in… Read More »
What is the Definition of Possession of Drugs?
Under federal law, “possessing” drugs is more than “having” or even “holding” drugs. Drug possession, as defined in 21 USC § 844. In federal court, drug possession is usually a misdemeanor, regardless of the amount of contraband. However, if the defendant possesses a significant amount, U.S. attorneys usually enhance charges to something like drug… Read More »
Challenging the Evidence in Federal Criminal Court
Most evidence is admissible in federal court unless that evidence is unduly prejudicial. A prior criminal record is the classic example of unduly prejudicial evidence. If jurors hear such evidence, while it may be relevant to the case at hand, they may convict the defendant because s/he’s a bad person, not because s/he committed… Read More »
Basic Search Warrant Requirements in Federal Cases
Unless a narrow search warrant exception applies, under the Fourth Amendment, federal agents must have valid search warrants before they search for, and seize, drugs or other contraband. The Fourth Amendment is part of the original Bill of Rights. Over the years, courts have fleshed out this requirement in even more restrictive ways. More… Read More »
The Two Kinds of Reasonable Suspicion in a DUI Case
Reasonable suspicion, or the belief that someone is involved in criminal activity, is basically an evidence-based hunch. Courts use the “reasonable person” or “reasonable officer” standard to evaluate reasonable suspicion in criminal cases. Basically, the question is whether an officer of similar experience and status would consider the circumstances sufficiently suspicious to warrant intervention…. Read More »
