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Miami Criminal Law Blog

Recent Case Highlights Importance of Probable Cause

An unfortunate situation that happened recently in a Central Florida home for the disabled has left one man dead and another man benefitting from the requirement of probable cause when filing criminal charges.

William James Lamson, a severely autistic patient at the Carlton Palms Educational Center in Central Florida, had a history of aggression and acting out against staff members and himself. In one recent incident, he quarreled with staff member, Justin Maynor, and later he was found dead. The autopsy states that the cause of death was "traumatic asphyxia," but employees at the facility claimed that he banged his head against the wall to his death.

Several South Floridians Involved in International Email Scam

Everyone knows that it's hard to start your own business and make money as an entrepreneur early on in your career. So, you can understand how there may be some suspicions when one 21-year-old in South Florida had $1,651,699 in her bank account within one month of starting her business. Unfortunately, this new entrepreneur will likely have to look for a new job in prison. 

Historical Phone Location Data Will Need a Warrant, Says Supreme Court

With technological advances placing everyone's data within easy reach, privacy concerns are undoubtedly high on the list of worries of many individuals. This is especially the case when considering location data for criminal cases. If someone is involved with a crime, how easy is it for police to access a phone that can provide them with the location information of the accused, perhaps placing them at or near the scene of a crime?

A recent landmark Supreme Court ruling may make it a little harder for law enforcement to overstep boundaries into someone's personal data in a criminal case, citing the Fourth Amendment as the reason.

Miami Beach Realtor Facing Up to 30 Years in Prison for Extortion

A years-long feud that had all the "Miami Beach" qualities of fancy mansions, large sums of money, and lots of drama ended recently with one man facing up to 30 years in prison for extortion. The drawn-out saga between real estate brokers, "The Jills" and rival broker Kevin Tomilson captured the attention of many in South Florida, when the details were revealed in a public court battle.

Avoid a DUI During the July 4th Holiday

The Fourth of July holiday week and weekend is always a busy time on the roads. Between traveling to see friends and family to heading out for fireworks and fun, this time of year usually means that people are in their cars and on the move. In fact, July 4th attracts a record number of Americans to the roads. Unfortunately, more vehicles on the road can mean more danger for drivers. According to an article in Forbes, America's Independence Day happens to be one of the deadliest holidays of the year for car accidents.

Victims of Wrongful Incarceration May Receive Compensation Based on Florida Act

In the criminal courts of this country, we say that a defendant is innocent until proven guilty. Many times this means that a jury of the defendant's peers finds the evidence against him or her to overwhelmingly suggest guilt. However, there are still times when the jury is wrong, and an innocent man is found guilty of a crime he did not commit. 

Kidnapping as a Crime in the State of Florida

How would you feel if you discovered that the only mother you had ever known was actually your kidnapper? This unfortunate situation happened to one young woman who was abducted from a Jacksonville hospital when she was merely hours old in 1998.

Eighteen years later in 2016, Kamiyah Mobley found out the truth about the woman she called "mama" and who she thought was her mother her whole life. Gloria Williams was not only not her biological mother, but the woman was a kidnapper who had posed as a hospital nurse and stolen Kamiyah from her mother's arms after she was born and then fled with the child across state lines from Florida to South Carolina.

Major Tech Support Fraud Had South Florida Roots

What happens when you're browsing on your computer and suddenly, a huge pop-up window appears and tells you that you have a major virus on your computer? Many people have had this happen to them at some point in the past. Sometimes, the best reaction when a pop-up appears is to simply turn off and reboot your computer. However, many have fallen prey to the doomsday warnings of the pop-up, and called a number listed for "tech support" in order to rid their computer of the virus. In the case of the 40,000 people who happened to contact a tech support company called Client Care Experts from 2013-2016, they may have been part of a $25 million fraud.

Why Arrests May Not Immediately Follow Fatal Car Accidents

A recent fatal accident in Delray Beach left four people dead, including two children under the age of 10. The driver of a pickup truck going at a high rate of speed crashed into a minivan, and the passengers of the minivan were killed on contact. The 21-year old driver of the pickup was not injured and walked away from the accident. He was not immediately arrested.

The Difference Between a Direct Appeal and Post-Conviction Relief in Florida

In the event that someone is found guilty of a crime during a criminal trial, there can be an element of shock and disbelief, especially if the defendant feels as though the trial was unfair, or additional evidence that challenges their guilt was not available at the time of trial. The initial trial conviction isn't always final, and there are a couple ways that the case can be examined again.

Between a direct appeal and post-conviction relief motion, a criminal conviction can be challenged following the initial trial. However, it's important to note that these two types of situations mean different things and fall under different contexts in the realm of criminal justice.

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