Florida Criminal Defense - Frequently Asked Questions

Q - What type of crime is a capital offense?
A - A capital offense is one in which the maximum punishment is allowed; e.g. a murder that is carried out during the commission of a robbery might be considered a capital offense.

Q - What does the term common law mean?
A - Common law refers to laws that were enacted by a court's decision rather than through the statutes.

Q - What does it mean to commit a corporate crime?
A - When a crime has been committed by a group of persons who belong to a corporation or are acting on the behalf of a corporation.

Q - What is does it mean to commit a crime of omission?
A - This is an act of blatant disregard for or violates the duties which you are responsible for. Typically, this applies to those in public office, or service.

Q - What exactly is a crime of passion?
A - When one acts out of emotion due to the inability to control their actions and commits a crime.

Q - What is the difference between a federal crime and a state crime?
A - There are several situations where a crime may be at both the state and federal levels. However, federal crimes are offenses that are in violation of the United States Criminal Code, and state offenses are crimes that are committed against the criminal statutes of a state.

Q - What does it mean to commit a hate crime?
A - When a crime is committed against a person based on the race, color, ethnicity, religion or national origin of a person.

Q - What does a white collar crime mean?
A - A white collar crime is usually synonymous with crimes in which no one was physically injured and is generally characterized by acts of fraud, dishonesty, scams or deceit.

Q - What is a Miranda warning?
A - A warning that is given to criminal suspects prior to being interrogated or taken in to custody, which defines the rights of the suspect.

Q - What is a criminal defense lawyer?
A - A person who is employed to fight in defense of those that are accused to having committed a crime.

Q - What is the difference between a misdemeanor and a felony?
A - A misdemeanor is typically termed as a lesser crime; though the penalties are not as severe as felonies, there are many misdemeanors that carry significant punishments. Felonies are considered to be very serious crimes that usually carry sentences from one year up to capital punishment.

Q - Can Police Search My Car For Drugs Without A Warrant in Florida?
A - The Fourth Amendment to the United States Constitution provides individuals with protection from unreasonable searches and seizures. Many people have heard of the warrant requirement of the Constitution that safeguards individual rights. However, the warrant requirement is not absolute. When it comes to a search of an automobile, police may search a vehicle without a warrant in many situations. Click here to read more in an article published by Russell Spatz.