Category Archives: Florida Criminal Law
Jude Faccidomo Tackles Systematic Racism in the Criminal Justice System
By a slim majority, the Board of Governors has voted to endorse a Criminal Procedure Rules Committee proposal that would allow prosecutors to request a resentencing hearing at any time. CPRC Vice Chair Jude Faccidomo told the board, “There’s this systemic racism that is deeply imbedded in our criminal justice system…and there is no… Read More »
Jude Faccidomo Quoted in the Miami Herald article “Jury trials to slowly return in Miami, but Zoom court will go on, sparking new controversy”
“What we are dealing with is the old ‘Jurassic Park’ argument. The courts seem so consumed with whether they can hold these hearings, they haven’t really stopped to think if they should,” said Jude Faccidomo, of Miami, the group’s president-elect. “These are difficult times, but if history has taught us anything, the most important… Read More »
Florida Criminal Law: What is the Difference Between Being ‘Detained’ and ‘Arrested’?
If you have been ‘stopped’, you are being ‘questioned, or are being ‘held’ by a Florida police officer, it is important that you know whether: You are being detained; You have been arrested; or None of the above. In this article, our Miami defense lawyers seek to help you better understand your legal rights…. Read More »
Report: DUI Arrests are Plummeting in South Florida
According to reporting from the Miami Herald, the number of drunk driving arrests in South Florida has dropped precipitously over the past few years. From 2013 to 2017, the number of DUI arrests made by the Miami-Dade Police Department fell by an astonishing 65 percent. Over the same time period, the number of drunk… Read More »
Florida Criminal Law Watch: Orlando Area Prosecutors Will Not Seek Monetary Bail for Certain Crimes
On March 16th, 2018, the Miami Herald reported on an important story originating out of Central Florida. Prosecutors in Orange County and Osceola County will no longer seek cash bail for certain minor crimes. This is an incredibly important step that will help make our justice system more fair to criminal defendants of all… Read More »
Florida Bill to Ease Drug Trafficking Mandatory Minimums is Making Progress
The state of Florida has some of the toughest drug trafficking laws in the entire country. Many lawmakers have noticed that the harsh drug trafficking laws that originally were designed to take on some of the world’s most dangerous drug cartels are not working in the modern era. First time-offenders and non-dangerous drug addicts… Read More »
What are the Age of Consent Laws in Florida?
In order to lawfully engage in sexual activity, a person must be old enough to give their consent. In Florida, the age of consent is 18 years old. Any person who is under the age of 18 does not have full authority to consent to sexual conduct. If you violate Florida’s age of consent… Read More »
Florida’s Pre-Trial Intervention Program Explained
Many people believe that if you are charged with a minor criminal offense, you deserve a chance to be rehabilitated instead of having to suffer the impact of a steep fine or jail term. The state of Florida and its Department of Corrections feel this way too and, combining this with statistics showing a… Read More »
What is Illegal Search and Seizure?
Your right to privacy is protected by the Fourth Amendment to the United States Constitution. This means that under most circumstances, law enforcement and others cannot enter your home to search through your property and take items they deem to be necessary for a criminal investigation. Doing so is known as an illegal search… Read More »
What are Aggravating Factors and How Can they Impact my Case?
When reading about criminal charges and their penalties, the term “aggravating factors” will likely come up. These are the details about an offense that can affect the severity of the penalties a defendant faces after he or she is convicted. In some cases, an aggravating factor can even change how an offense is charged…. Read More »
The Differences Between Careless Driving and Reckless Driving in Florida
As a driver, you have the responsibility to drive courteously to prevent collisions with other drivers, pedestrians, and stationary objects. If you cause an accident because of your failure to uphold this responsibility, you can be found negligent and thus liable for the victim’s damages. If you are convicted of reckless driving, you can… Read More »
Posting Bail: What it Does, What it Requires
When an individual is arrested and taken to jail, a bail amount is set for him or her. Bail is the money that the individual can pay in exchange for being released from jail while his or her case moves through the criminal justice system. Bail is not always money. Sometimes, it is a… Read More »
Types of Property Crime
There are many different classifications for criminal offenses. Within these classifications, there are often subdivisions. Property crimes are offenses that involve the unauthorized taking or destruction of another party’s property. Within the realm of property crimes, there are multiple subtypes. These subtypes of property crime are listed below. Property crimes can involve tangible items… Read More »
What is Contempt of Court?
When the court orders you to comply with an order, you must comply with that order. Failing to comply with a court order is known as contempt of court. Court orders can be made for actions that occur outside the courtroom, such as orders to pay child support or comply with a subpoena, as… Read More »
What are the Penalties for Violating an Order of Protection?
If another party, such as a former partner, files an order of protection against you, you need to comply with the terms of the order while it is in place. Violating an order of protection, also known as a restraining order, is a criminal offense punishable by up to one year in jail and… Read More »
The Death Penalty in Florida
For many, the death penalty represents the ultimate form of punishment for a crime. Although governments around the world have abolished death as a penalty for a criminal conviction, it remains in use in many parts of the United States. Florida is one of the states where the death penalty is still in use…. Read More »
Civil versus Criminal Charges for Damage Resulting from a Car Accident
You are probably familiar with the term “damages” as it relates to car accidents. Damages are the expenses that an individual faces as the result of an accident, such as damage to his or her vehicle or expenses that arise as a result of his or her injury, such as medical bills and reduced… Read More »
How Does an Officer Obtain an Arrest Warrant?
A police officer cannot arrest people at random. In order to arrest an individual suspected of committing a criminal offense, an officer must have probable cause to believe that the individual committed the crime or a valid arrest warrant. Obtaining an arrest warrant requires legwork on the part of the arresting officer. Below are… Read More »
Where Do I Have the Right to Stand my Ground?
Individuals in Florida have the right to stand their ground – that is, the right to use firearms and other types of force against attackers without being required to retreat – in situations where they feel that their safety, property, or the safety of another individual is at risk. This right only exists in… Read More »
What is the Federal Witness Protection Program?
The United States Marshall Service Witness Security Program (WITSEC), more commonly known as the Witness Protection Program, was created in 1970 with the passage of the Organized Crime Control Act. In 1971, WITSEC began its operation and since that year, it has served more than 18,000 individuals. The purpose of the program is to… Read More »
