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Criminal Archives

Criminal Summons in Florida

What happens upon receipt of a Criminal Summons in Florida? In some jurisdictions, the use of a Criminal Summons was part of criminal justice even prior to COVID. Some people are surprised to receive a Summons, while others are made aware of a criminal investigation and may be expecting it or relieved to receive a Summons instead of being arrested.

Criminal Law and COVID-19

Intersections between criminal and public health law do exist. In Florida, section 381.00315, relating to public health advisories; public health emergencies; isolation and quarantines, creates a misdemeanor for violating "any rule adopted" pursuant to the section. Of course, this includes "any isolation or quarantine, or any requirement adopted ... pursuant to a declared public health emergency".

Criminal Assault, the Threatened Use of Force and Warning Shots

In the realm of criminal cases one way a defense attorney can protect a client is to argue self-defense. Some years ago, there were reports of a 'Warning Shot Bill' that would allow Floridians to fire a warning shot. There is no law that specifically 'allows a warning shot'. What in the stand your ground law caused the confusion that has me answering similar questions years later?

Leaving The Scene Of Crash Involving Death - Actual Knowledge Required

The criminal traffic charge of Leaving the Scene of an Accident (LSA) or Hit and Run from a crash involving a death is a serious felony. 

Carrying of Concealed Weapons or Firearms in a State of Emergency.

In criminal cases, this writer has said, "firearm equals felony". In violations of 790.01, Florida's law that criminalizes the carrying of concealed firearms or weapons, the unlicensed carrying on the person of a weapon is a misdemeanor while unlicensed carrying on the person of a firearm is a felony.

Settling Criminal Cases - Open Plea & the Mercy of the Court

In criminal cases, it is not uncommon for people to call the office after their current lawyer has failed to reach an acceptable agreement with the prosecutors or the caller does not like the offer received. Sometimes, the unfortunate circumstance of the case is that the prosecutor will not make a deal. Sometimes just having a lawyer who answers to the Defendant for their paycheck instead of the government makes a big difference to the Defendant. Sometimes there are things that can be done to present the case in a better light.

Criminal Self-Defense Immunity a.k.a. Stand Your Ground

Self Defense has been an available affirmative defense to criminal cases since the dawn of society. Florida also has long acknowledged the fundamental right to use force in defense of self or others. The essential elements of self-defense have stayed about the same. A person may use deadly force when it is reasonably necessary to prevent imminent death or great bodily harm to the person or to another person. The procedure and burden of proof required to make a self-defense argument has changed.

Child Abuse & Neglect - Combining Criminal & Family Law

Allegations of child abuse or neglect can generate criminal or family cases against the accused. In many cases a parent accused of child abuse or neglect by the State of Florida in a criminal case will also find themselves defending against a Supplemental Petition to Modify a parenting plan or custody. Sometimes a third case of an injunction for protection against domestic violence could also be brought.

Changes to Criminal Driving on a Suspended License

Driving on a suspended license can be a criminal or civil case in Florida. Too many charges of driving while suspended can result in a 5-year revocation of a driver's license as a habitual offender.

Reckless Driving, Standing Your Ground by Accident.

Reckless Driving, not to be confused with careless driving, is a criminal traffic offense in Florida. An accusation of Reckless Driving does not require a crash, but property damage does enhance the offense. In a recent case, an attempt at defending a charge of Reckless Driving was made via a motion for immunity under the Stand Your Ground law.

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