Many people have heard of entrapment and may have a vague idea of what it means. It’s important to understand, however, that courts have a very specific definition of the term. Entrapment is a legal defense that refers to situations in which police officers induce a person who would not…
Jury instructions are a key part of any Florida sexual battery case. They can mean the difference between a conviction and a not guilty decision. In a recent case out of the Fifth District Court of Appeals involving an attempted sexual battery in Central Florida, the court explained how improper…
If you’ve ever watched Law & Order or another police procedural television show, you might be familiar with a person’s right to remain silent during an arrest. In the real world, “Miranda” rights extend beyond simply not talking and apply to a wide range of encounters with a police officer.…
Florida and federal laws generally require a person charged with a sex crime to register as a Florida sex offender with the local sheriff’s office. A person who fails to do so faces significant criminal penalties, including jail time. Those penalties increase for people who commit another sex crime during…
Florida law makes it a crime for a person with HIV to knowingly have sex with another person without telling their partner about the infection. In a recent Florida sex crime decision, the state’s Supreme Court made clear that the law applies to both heterosexual and homosexual activity.The defendant was…
The Florida District Court of Appeal, Second District released an opinion on November 8, 2017, that addressed the due process rights available to a criminal defendant at a sentencing hearing. In the case, the defendant appealed the trial court’s decision to revoke his probation and impose a 40-month sentence. The…
Florida juries are given what some courts describe as an inherent pardon power to return a verdict of guilty for a lesser offense. However, the jury must be instructed as to lesser included offenses. If not, this may constitute a per se reversible error. In a recent decision, the appellate court found that…
Florida criminal law proscribes illegal activities through statute. That means that after a legislative session, actions that were once permissible might become unlawful or vice versa. For those accused of crimes, the defendant will likely be subject to the law at the time that the crime occurred. In a jury…
The concept of “scrivener’s error” is certainly applicable to the legal system, although it’s not especially technical. In fact, it’s known by most as a “typo.” Courts systems require human labor to draft legislation, motions, and written judgments, so sometimes mistakes are made. In the criminal law context, the omission…
Law enforcement has broad discretion to enforce the laws. Still, it’s sometimes surprising to see how far a case can proceed before a court overturns a conviction. In fact, the defendant in a recent Florida grand theft decision was arguably doing his job as a repo man when he was charged…