In short, the cause of action of Civil Theft involves the taking of another person’s property without their consent with the intention to deprive the person of their property. There is no distinction in terms of the act of theft between criminal and civil theft. However, the consequences are different…
Police frequently conduct searches of individuals based on a reasonable suspicion. A brief investigative detention based on a reasonable suspicion is called a “Terry Stop”. What is Reasonable Suspicion? Reasonable suspicion is a term that is used to refer to a police officer’s reasonably justifiable suspicion that a person had…
What is Mens Rea? Mens Rea is the mental element of an individual’s intent to commit a crime. It can also be expressed as the knowledge that a particular act would result in a crime being committed. Why is Mens Rea significant if I have been accused of a crime?…
What is Petit Theft? Petit Theft is defined in the Florida Statutes under F.S. 812.014(2)-(3)(c). Where property that is involved in a theft is valued at less than $750, petit theft is usually the correct charge. In order to prove the crime of Petit Theft, the following must be proven:…
Is There a Warrant Issued in My Name? There are numerous warrants issued for almost every type of crime that occurs in Florida. The warrant system is used to apprehend criminals and those accused of a crime. Despite the belief that warrants expire, they do not. Additionally, warrants can be…
When Should You File a Post Conviction Relief Motion in Florida? A motion for post conviction relief is a motion that is filed after an individual is convicted of a crime where the court is being asked to relieve a person from their conviction. The following grounds may be used…
So you went to court and fought a domestic violence injunction, but the Court found grounds to enter the injunction anyway. What does that mean for you and your rights? The following is a list of consequences that may be imposed upon you as a result of the injunction: May…
You have been served with a domestic violence injunction in Florida. Now what? Though you have been served with an injunction, most people don’t understand what you should and should not do to abide by an injunction. See below some handy rules of thumb: DO hire an attorney to represent…
The Florida Supreme Court will take up a question about whether a 2017 change to Florida’s “Stand Your Ground” self-defense law should apply to older cases. The 2017 change shifted the burden of proof from the defense to the prosecution. Two appellate courts have split about whether the change in…
Community Control in Florida is a supervision program that is an alternative to incarceration only used in felony cases. If you are sentenced to Community Control, you are confined to your home unless you are working, attending school, doing public service hours, participating in treatment, or any activity that has…