The United States Supreme Court handed down a decision that has been historic in a case entitled the Miranda v. Arizona, in 1966. Essentially, four cases made it to the United States Supreme Court with similar issues. All cases involved interrogation by police in a closed room where the putative…
The Sixth Amendment to the U.S. Constitution is what Florida’s Speedy Trial Rules are based upon. The right to a Speedy Trial is a fundamental right. It is designed to eliminate incarceration for long periods of time when one is accused of a crime. The Florida Rules of Criminal Procedure…
The majority of criminal cases in Florida get resolved by plea agreements. In the Florida Rules of Criminal Procedure, Rule 3.171 governs plea agreements. The prosecutor has broad discretion in plea agreements. The prosecutor may engage in discussions with the defendant’s attorney or, if the defendant is unrepresented, with the…
On May 26, 2011, the Florida Supreme Court reversed the Florida Third District Court of Appeals and the trial court for a forcible felony kidnapping conviction. In this Florida kidnapping case, Delgado stood trial for burglary of an occupied conveyance, grand theft of an automobile, and kidnapping. After the jury…
The Florida Supreme Court has set forth a three-part test to determine whether a defendant’s conduct amounts to a confinement crime under section 787.01(1)(a)(2) distinct from other criminal charges involving forcible felonies. Delgado v. State, 36 Fla. L. Weekly S220c (2011) (See Faison v. State, 426 So. 2d 963 (Fla.…
If a Jacksonville Criminal Defendant is arrested for Jacksonville Kidnapping under Section 787.01(1)(a)(2), he or she has also been accused of committing another felony. In order to be charged under this Florida kidnapping law, the Jacksonville State Attorney must show not only that the defendant abducted or imprisoned the victim;…
In Jacksonville, Florida, the crime of kidnapping is a first-degree felony and punishable by up to life in prison. Florida Statute Section 787.01(1)(a) defines Florida kidnapping and states: “(1)(a) The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and…
Today, I started my day like any other day and like most Jacksonville Criminal Attorneys. I checked my email to address and respond to my client’s requests and questions. I checked the local Jacksonville news via Jacksonville.com (The Florida Times Union). The cover story read, “Jacksonville police issue warrant for…