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.
Domestic Violence Injunctions Under Florida Law: A Legal Primer
In Florida, a domestic violence injunction is a court directive prohibiting or compelling the actions of one ‘family or household member’ in order to protect another ‘family or household member’ from domestic violence . . .
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.
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.
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…
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…
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…
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 . . .
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…
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.
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.
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.
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.
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.
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.
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 . . .
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.
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.
Sealing or Expunging Municipal Ordinance Violations
In cities throughout Florida, municipal ordinance codes criminalize a variety activities and conduct not encompassed by State statutes. The ability to expunge or seal these types of violations will depend on whether incident in question generated a ‘criminal history record.’
Speedy Trial Rights in Florida
As guaranteed by the Sixth Amendment, the right to Speedy Trial requires the State of Florida to bring a defendant to trial within a specified time period following an arrest or other form of custody.
Seal and Expunge Hearings in Florida
In Florida, the filing of a petition to seal or expunge entitles a defendant to a formal hearing with legal and procedural protections against arbitrary denial.