Florida’s “Stand Your Ground” Law

In a highly publicized move, the Florida Legislature enacted in 2005 what has been popularly referred to as the “Stand Your Ground” law.  This law, as codified in Section 776.013 of the Florida Statutes, provides that a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force.

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The Three Levels of Police Encounters: Arrests, Investigative Stops, Consensual Encounters

In our personal interactions with law enforcement, there are three primary levels of encounters from which the legality of a police search or seizure is judged: consensual encounters, investigative stops or detentions, and full scale arrests.

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Suspended License Traffic Stops in Florida

Can Police stop or pull over a car when they believe that the vehicle owner’s Florida license is suspended?  Under Florida law, the answer to this question depends on the type of information the police officer relied upon to conduct the traffic stop in the first place.

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Probable Cause for Arrest in Florida

What do police need to make an arrest of a person under Florida law?  The following article examines the standard of probable cause and it its application to arrest situations in Florida.

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Driver’s License Requirements for Mopeds and Motorized Bicycles

The following article discusses the Florida statutes and case decisions governing the operation of “mopeds” and “motorized bicycles” without a valid driver’s license.  Contrary to popular belief, all mopeds and most vehicles commonly thought of as “motorized bicycles” require a valid driver’s license.

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Police “Knock and Talk” Investigative Techniques

In Florida, a “knock and talk” is an investigative technique used by police whereby an officer knocks on the door to a residence or business and attempts to gather information by explaining to the occupants the reason for the police interest…

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Consent Searches Under Florida Law

Under the Fourth Amendment to the United States Constitution, police may conduct a valid warrantless search of a home, business, vehicle, or person if they obtain valid consent of the individual to be searched…

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Alibi Defenses Under Florida Law

In Florida criminal law proceedings, an Alibi is a factual defense whereby an accused presents proof to show that he or she could not have committed an alleged crime because, at the time the crime was committed, the accused was not at the scene of the alleged crime…

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Entrapment Defense in Florida

Under Florida law, entrapment is an affirmative defense raised in a criminal case to excuse an otherwise unlawful act because the accused was improperly induced by improper police conduct . . .

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Pretrial Intervention Programs in Jacksonville, Florida

In Jacksonville, Duval County, Florida, Pretrial Intervention is a diversionary program offered by the Office of the State Attorney to resolve certain criminal cases without resort to traditional court processes…

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Self Defense in Florida : The Use of Deadly Force and Non-Deadly Force

In Florida criminal prosecutions, self-defense is a type of affirmative defense that operates to avoid (or cancel) the legal effect of a violent act (such as a homicide or battery), which would ordinarily subject the accused to criminal liability.

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The Use of Force in Defense of Others: Florida Law

Under Florida law, the use of non-deadly and deadly force for the defense of others is a valid affirmative defense to any charge for a crime of violence, including battery or assault.

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Use of Force in Defense of Property: Florida Law

Under Florida law, “defense of property” is an affirmative defense that justifies the use of non-deadly force to protect a person’s land, home, vehicle, or personal property.

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Necessity and Duress Defense Under Florida Law

When an accused raises the necessity defense in Florida, he or she effectively admits to the truth of the alleged crime, but excuses or justifies the crime by asserting that a danger or emergency existed, which, under circumstances, necessitated commission of the offense.

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Jacksonville, Florida Inmate Information Searches

The Jacksonville Sheriff’s Office provides regularly updated information for individuals who wish to conduct an inmate search in Jacksonville, FL. With a basic understanding of how online jail information is compiled and updated, conducting a Jacksonville inmate search is a simple process and will provide basic information about custody status.

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Double Jeopardy Under Florida Law

As used in Florida and Federal criminal cases, Double Jeopardy is a type of procedural defense that precludes prosecution where a defendant is called to answer twice the same crime.

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Motions to Dismiss in Florida Criminal Cases

In Florida, the Motion to Dismiss is one of the most misunderstood aspects of pretrial criminal procedure. This article attempts to provide a general outline of the purpose, filing requirements, and legal effect of Motions to Dismiss filed under Rule 3.190.

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Evidence of Bias, Interest, Motive- Florida Law

In Florida criminal cases, a common method of attacking witness credibility is to present evidence showing that he or she is biased, has an interest in the outcome of a case, or has some other influence affecting the reliability of his or her testimony . . .

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Corpus Delicti in Florida Criminal Cases

In Florida, ‘corpus delicti’ is a rule of evidence and substantive criminal law requiring the prosecution to present ‘substantial evidence’ of all elements of a crime prior to admitting a defendant’s confession into evidence.

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Traffic Stops Due to Cracked Windshield

In Florida, police officers commonly justify traffic stops on grounds that vehicle possessed a cracked windshield or other “unsafe” condition under Section 316.610, Florida Statutes.  The legality of such actions depend on whether the condition creates meaningful endangerment to persons or property.

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