Monthly Archives: December 2024
Where is Marijuana Legal in Florida?
Nowhere, but it’s complicated. As outlined below, any kind of possession of marijuana is illegal under federal law. Most marijuana possession is illegal under state law. A few municipalities have decriminalized marijuana possession to a certain extent. Decriminalization usually means allowing possession of a small quantity of recreational marijuana or reducing these charges to… Read More »
Seven Hearsay Exceptions in Federal Criminal Court
Anyone can repeat anything on social media. Usually, repeated statements are very inflammatory and very effective for the person using them. For that reason, prosecutors try to use as many inflammatory statements as possible when they present criminal cases in federal court. However, the Federal Rules of Criminal Procedure sharply limit the use of… Read More »
What is the Best Defense for DUI?
In many cases, the best defense for DUI is a defense that bypasses intoxication. If the defendant submitted a chemical sample, and that sample passed legal muster, intoxication is very difficult to disprove in Florida. The Sunshine State has a per se DUI law. Subjects with a BAC above the legal limit are intoxicated… Read More »
Five Proof Requirements in a Criminal Case
Most criminal cases, and most post-trial criminal proceedings, settle out of court. Nevertheless, the burden of proof at trial may be the biggest factor in these resolutions. At every level, attorneys always look to the likely outcome at a trial or hearing and base their negotiation positions on that prediction. The burden of proof… Read More »
