Category: Florida BAR article

In Florida, drunk driving is a big problem and causes a lot of accidents. To stop this, the state has two ways to catch drunk drivers. First, if someone is driving and their normal abilities are affected by alcohol, they can be found guilty of driving under the influence. Second, a person can also be…

Americans have a lot of debt and a lot of people in prison. Florida is especially struggling with too many inmates and not enough space or money for them. The problem isn’t just because there’s more crime, but because of policies that lead to more people getting locked up. This article talks about a solution…

Florida Rule of Criminal Procedure 3.850 allows people who have been found guilty to challenge their judgment and sentence and get post-conviction relief. The 13th Circuit is the only one in Florida with a whole division just for handling these challenges. When it started in 2006, it had a backlog of almost 400 cases, and…

In the case of Chicone v. State, the Florida Supreme Court said that in criminal law, it’s important to prove that a person had a guilty mind, or intent, to commit a crime. This means that a person should know that what they were doing was wrong. Jerry Jay Chicone III was convicted of possession…

In Florida, judges can decide to withhold adjudication in a criminal case, which means the defendant isn’t officially convicted. This can have big effects on the person’s future, like being able to avoid certain consequences of a conviction and being able to say they don’t have a criminal record when applying for jobs. There have…

When you throw away your trash, it’s not private anymore. Police can search through it without needing a warrant. They often use what they find to get a warrant to search your home. But sometimes they rush and don’t have enough evidence. This article explains the legal rules around this. When you put your trash…

Faulty jury instructions are a big source of mistakes in trials. A bad instruction violates the defendant’s rights to a fair trial. The jury is supposed to follow the law, so if they get a wrong instruction, it could affect the verdict. This article explains what fundamental error is, clears up some confusing language in…

The Florida Supreme Court ruled that the state can file charges and provide evidence on the last day of the speedy trial period without the case being dismissed. In a case involving sexual battery, the defendant was ordered to trial only 11 days after charges were filed and evidence provided. The court was divided on…

Jim, an accountant working overtime during tax season, got pulled over for speeding. The police officer found out that Jim had committed insurance fraud in the past and was not a U.S. citizen. Because of his past crime and noncitizen status, immigration officials were called to take Jim into custody. Jim was arrested for a…

In Florida, the state prosecutor has the power to investigate and gather evidence for potential criminal charges. This power is supported by state law and court decisions. The prosecutor is often referred to as a “one-man grand jury” and is responsible for both investigating and accusing individuals of crimes, within the limits of the law.…

Under Florida law, a police officer can take a blood sample from a suspected drunk driver if they have probable cause to believe the driver caused a serious injury or death. “Serious bodily injury” is defined as an injury that creates a substantial risk of death, disfigurement, or impairment of bodily functions. A court case…

Repentance is the act of showing remorse for doing something wrong. In the criminal justice system, a defendant may be offered a plea deal to resolve their case without a trial. If the defendant rejects the plea deal and goes to trial, they may receive a harsher sentence if found guilty. However, they cannot be…

Florida Legislature recently passed House Bill 267, which makes it mandatory for public schools to have a zero tolerance policy for students being victimized. The bill aims to protect victims of violent crimes from further harm by keeping them away from their attackers. This bill was created because the state was not doing enough to…

Defendant Jones and Defendant Barnes had plea agreements that were not followed by the judges at sentencing. They cannot fix this during their appeal. This is because they have to first try to withdraw their plea within 30 days of sentencing, which is risky. The rules about this are causing problems for defendants and their…

Depositions are important in legal cases, but they can also be confusing and stressful for lawyers. A deposition is a sworn statement given under pressure, usually because of a court order or subpoena. However, lawyers can still interview witnesses without pressure from the other side. This is a long-standing legal rule, and it’s important for…

Government entities in Florida lost the ability to keep private conversations with their lawyers a secret about twenty years ago. Also, about twenty-five years ago, government entities in Florida and government lawyers lost almost all claims of keeping their work a secret under public records law. Some new laws have tried to bring these privileges…