After you're arrested for a crime, the next step is the filing of the information or indictment. In most cases in Florida (except Capital) the police will fill out a standard police report (A-Form) that will be passed on to the State Attorney's Office who will review the case and determine what crimes they will formally charge you with.
Having the ability to defend oneself in a moment where you fear for your life is an important factor in feeling safe. The Stand Your Ground law protects those who have to take action to defend themselves in life-threatening cases. Initially, this was a right given to all persons, but not necessarily those on the police force. However, the Florida Supreme Court recently ruled that Florida law enforcement can use the law in some instances.
A man in Texas was able to save himself from a life in prison by proving his innocence with the help of a geotagged selfie taken with his family on Facebook. According to KVUE, Cristopher Precopia was accused by his ex-girlfriend of breaking into her home and using a box cutter to slice an X into her chest.
As election season comes to a close, crimes involving ballots and voting tend to come to light. Though it doesn't happen often, it does happen on occasion. According to Vox, "Voter fraud is extremely rare. As Vox's German Lopez has written, a study by Loyola Law School professor Justin Levitt found just 35 credible allegations of fraud from 2000 and 2014 - out of more than 800 million ballots cast."
When someone is arrested and charged with a crime, the next step is a plea and potential trial. Not all criminal cases go to trial. In fact, many of them do not. If a defendant pleas guilty or no contest, or if both sides reach a plea bargain or there is a dismissal of charges, the case will not go to trial. However, if the defendant wishes to plea not guilty and face a jury of his or her peers, here is what one can expect from a criminal jury trial process.
When someone is convicted of a crime, there are several different ways that they can be punished. Often we see incarceration offered as a type of punishment, but probation is also an option depending on the type of crime and the judge's choice in sentencing.
A Florida state appellate court will soon decide whether to appeal a guilty conviction of a man who was identified by police using a controversial police surveillance program. The controversial facial recognition program was used by the Jacksonville Sheriff's Office to find a man who was accused of selling drugs. Now, the First District Court of Appeals is set to break new legal ground in deciding if police are allowed to use facial software to identify suspects in crimes without notifying the defense first.
If you've ever watched a Hollywood crime show, you've probably heard the phrase, "You have the right to remain silent" when a suspect is arrested. These seven words usually come shortly after the phrase, "You are under arrest." But do you know exactly what it means when a law enforcement officer makes this particular statement, and are you aware of your rights as a crime suspect under the U.S. Constitution's Bill of Rights?
In a story we hear of all too often in South Florida, a Miami-area man was recently sentenced to 20 years in prison (240 months) for his role in a large Medicare fraud scheme. In addition, he is also required to pay $66.4 million in restitution for the fraud he committed against the Medicare system.
When a death row inmate is executed, there is an expectation and legal requirement that the individual has a rational understanding that he or she is about to be executed and why he or she is facing execution. Most inmates remember their crime, and they are able to answer in the affirmative that they understand the reason for their punishment. However, one Alabama man is proving to be an exception to this understanding. Now, his lawyers argue that because he suffers from dementia, and does not remember his crime over 30 years ago, that he is unfit for execution. The U.S. Supreme Court must now decide if Vernon Madison will die by lethal injection.