What are Miranda rights or Miranda warnings?
Miranda rights and Miranda warnings typically involve the right to remain silent. You have the right to talk to an attorney, the right to have an attorney present for any questioning, for any interrogating questions that the police ask. So if you’re ever read you Miranda warnings, your Miranda rights, it’s always best to… Read More »
Can social media or internet information be used to prove a case against me in court?
Social Media or internet information certainly can be used against you in court. Whether it be Facebook messages, Twitter posts, photographs, anything that the prosecution or law enforcement can use against you, they’re going to try to find and use that to help prove their case. So it’s my advice, and any defense attorney’s… Read More »
What are the typical steps in a criminal proceeding in Florida?
The typical steps for a criminal proceeding in Florida, obviously it starts with someone either being arrested or charged with a crime. After that the court process starts where there’s an arraignment to see whether or not they want to plead guilty or not guilty, whether or not they want to hire an attorney…. Read More »
Can text messages, emails, or Facebook posts be used to prove threatening conduct against me in court?
Text messages, social media and all that can be used against you in court. I always recommend when my clients come in to kind of deactivate all social media accounts just for while the case is pending because the last thing we want is the prosecutors, the police or the investigators to go onto… Read More »
What does beyond a reasonable doubt mean?
Beyond a reasonable doubt is the highest standard in the justice system in the state of Florida. And it’s only for criminal cases, it’s higher than civil cases, higher than family law cases. And proof beyond a reasonable doubt, it’s beyond a possible doubt, speculative doubt. When I’m presenting cases to juries, I like… Read More »
Can the police conduct a search without a warrant in Florida?
There are certain instances where police can conduct a search without a warrant in Florida. Typically, if someone is arrested for a crime, then the police are allowed to search. It’s called “incident to a lawful arrest”. If you’re arrested in your house or your car, they can search the immediate vicinity that you’re… Read More »
What is the difference between a felony, a misdemeanor, and a violation in Florida?
There are huge differences between felonies, misdemeanors, and violations in the state of Florida. When it comes to felonies, those are any crime that’s punishable by more than one year in jail or in prison, and it can range, obviously, from anywhere from a year in prison to life in prison or death. Misdemeanors… Read More »
Can the police just stop me on the street and search me for no reason in Florida?
The police cannot just stop you and search you for no reason in the state of Florida. There has to be a reason why they’re searching you. Certainly, you can give consent to anything to be searched, but if you’re just walking down the street and the cop says, “Hey, can I search your… Read More »
What rights do I have in Florida when a law enforcement officer asks me questions?
If a law enforcement ever ask you questions, the right that you have is to remain silent, even if you’re not read your Miranda rights. Any time law enforcement wants to speak to you, there’s absolutely no obligation that you speak to them about anything. The only thing that you’re required to do is… Read More »
Do I have to give consent to a law enforcement officer to search my car in Florida?
When it comes to searching cars in the state of Florida, there’s a big misconception that you have to do whatever law enforcement asks you to do. But the law is that you don’t have to, you never have to give consent for anything. You do not have to cooperate. My advice is always… Read More »
