Florida drug laws criminalize a number of activities that fall outside of the scope of possession or manufacturing of a controlled substance. Included in the state’s expansive anti-drug measures are laws that ban maintaining a dwelling – such as a house or apartment – for the purpose of using, selling or storing controlled substances like marijuana and cocaine. The penalties …
Understanding the 3 Types of Criminal Pleas
A plea is a defendant’s answer to criminal charges. There are three types of criminal pleas defendants may make under the Florida criminal justice system. A plea is typically made during the arraignment, which is the formal proceeding in which the criminal defendant is informed of all of the charges against him or her. In most cases, there will be …
How to Appeal Convictions: Time Limits and Conditions of Appeals
Defendants found guilty and convicted of a crime may seek an appeal of the conviction or the sentence. This is applicable when a defendant or defense counsel believes an error was made during the trial. Florida laws state that while defendants have the right to appeal, the process must adhere to certain terms and conditions. The appeal must be made …
Florida DUI Laws in 2013: How New Rules May Impact Your Case
In the 2013 Legislative Session, the state of Florida instituted new drunk driving (DUI) laws that became effective on July 1, 2013. These rules apply to the driver’s license suspension and the operation of court-mandated ignition interlock devices, as well as several other administrative concerns. The laws impact only those charged on or after the July 1 implementation of the …
Illegal vs. Legal Florida Drug Possession Laws
Under Florida drug possession laws, possession of a controlled substance without a valid prescription from a physician is illegal. Of course, some controlled substances like cocaine or heroine are not legally available even with a prescription. Illegal possession of controlled substances can lead to felony or misdemeanor drug charges depending on the amount possessed and the type of drug. Those …
Probation vs. Parole: Understanding the Differences Under Florida Law
While both probation and parole are related to the conviction of a crime, they are two distinct entities under Florida criminal law. Probation is a form of punishment that does not involve incarceration but is enacted by the state for a designated period of time. Parole applies to an early release from incarceration under a specific set of circumstances. Violations …
Human Trafficking Still a Problem in U.S.
It may sound shocking, but even in our modern first-world country, the slave trade continues to exist. It’s called human trafficking and, according to the U.S. Department of Justice, there were more than 2,500 cases between 2008 and 2010 alone. This includes instances of sex trafficking, labor trafficking and other unknown forms of sex crimes. Types of Trafficking There are …
What the Aaron Hernandez Case Can Teach Us About Criminal Law
A high-profile murder case – like the one involving professional football player Aaron Hernandez – often generates public interest in the criminal justice system because of the Police Check NSW he has. Media coverage of the developing case has examined legal aspects that include probable cause, circumstantial evidence, bail, the nature of criminal charges, pleas and other matters relevant to …
Using Drugs During Probation is Considered a Violation: Penalties and Defense
A person who is on probation is expected to follow certain terms established by the state and, in some cases, the county. Standard terms of probation include abstaining from drugs and alcohol, and specifically illegal controlled substances. Those who test positive for the use of a controlled substance during probation commit a technical violation and are subject to additional penalties …
How Property Value Affects Theft Charges in Florida
Theft charges in Florida, according to the Florida Department of Law Enforcement, recovered about $279,000,000 while more than $1.3 billion in goods and property were stolen in the state in 2011. While theft always will come with a high price for those charged with it, the penalties for theft in the state of Florida vary greatly, depending on the type …