Recent Blog Posts
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 »
Bond Hearings in Federal Cases
Under federal law, judges must release people charged with criminal offenses unless the government proves the individual is dangerous and/or a flight risk. Usually, danger refers to the safety of certain people, like alleged crime victims and possible witnesses, or the possibility of re-offense. People are flight risks if they have the means (money,… Read More »
Kinds of Sealing and Expungement in Florida
Many jurisdictions offer very few “second chances” to people with criminal convictions on their records. It’s difficult, or impossible, to seal or expunge (remove) these records. But Florida has some of the broadest sealing and expungement laws in the country. As outlined below, most former defendants are eligible for multiple kinds of relief in… Read More »
Do the Cops Always Need a Warrant?
No. In fact, the cops usually don’t need a warrant. Since the 1960s, the Supreme Court has carved out so many exceptions to the Fourth Amendment’s search warrant requirement that the exceptions swallow the rule. The good news is that these exceptions, some of which are outlined below, don’t automatically apply. Instead, the state… Read More »
What are the Four Major Types of Cases in Juvenile Court?
Many people believe the state automatically expunges juvenile criminal convictions when the former defendant turns 21. Although expungement is usually available and, in many cases, easy to obtain, it’s not automatic. Frequently, the negative collateral consequences of a juvenile conviction blindside former defendants. Young adults often forget about events that occurred seven or eight… Read More »
Special Investigators Break Up Auto Theft Ring
Five of the six people allegedly involved in a $2.5 million auto theft ring centered in Hillsborough County are now in police custody. “Operation Family Affair” centered around two brothers with lengthy criminal histories. The investigation revealed they played a role in the theft of more than 30 vehicles from more than 20 dealerships… Read More »
Why Is It Called White Collar Crime?
“White collar crime” is any financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses, and/or government professionals. Middle and upper-class individuals usually commit these crimes, and usually, their motives are almost entirely financial. In 1939, sociologist Edwin Sutherland used the term white collar crime to refer to “any crime committed by a… Read More »
Look Out for These Five Immigration Fraud Scams
For many years, no one worried about immigration fraud scams. The quota system limited foreign immigration to a trickle of people per year. The 1965 Immigration and Nationality Act abolished the quota system. Almost overnight, immigration rates increased, and they’ve been spiraling upward ever since. Largely because of this significant increase, immigration is now… Read More »
Are Search Warrants Necessary for All Searches by Police Officers?
No, but they are necessary for most of them. All search warrants must meet some technical requirements. For example, all search warrants must clearly identify the issuing jurisdiction (Hillsborough County, etc.), contain certain language, and be signed by a judge with authority to sign the warrant. More importantly, search warrants must be based on… Read More »
Is The Smell of Alcohol Probable Cause?
Probably not (pardon the pun). However, in some cases, the smell of alcohol could be probable cause, especially if the odor emanates from the defendant’s breath, as opposed to the defendant’s vehicle. In the first instance, the odor proves the defendant was drinking. In the second instance, the odor proves that a vehicle occupant… Read More »
