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…
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…
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…
Florida law makes penalties stricter for assault or battery of a law enforcement officer. Under Florida Statutes 784.07(2), when you are charged with knowingly committing an assault or battery upon a law enforcement officer, the charge will be reclassified as follows: (a) Second degree misdemeanor assault will be a first…
According to nbcnews.com, a Florida man is currently being investigated for possible animal cruelty charges after he was shot in the wrist… by a puppy. It sounds unbelievable, but apparently it happened, and there are no charges pending against the puppy, and rightfully so. Jerry Allen Bradford set out to shoot…
If you are a gun owner with thoughts of protecting yourself and/or your family, getting a concealed carry permit is an important task for you. As a Jacksonville criminal defense lawyer and Florida gun rights lawyer, I can tell you that any situation where a gun is involved is one…
Depending on where and how you grew up, you may have been told as a child or heard someone else told, “If he hits you, hit him back!” My neighborhood back home in southern Georgia happened to be a place where such an attitude was common. This type of advice…
Gun rights are near and dear to the hearts of many Americans. The second amendment to the United States Constitution protects our right to arm ourselves to the delight of many gun enthusiasts. The States routinely regulate the way people can exercise their gun rights, even though the U.S. Constitution…
Exercising your Florida gun rights can turn into “gun wrongs”, if you don’t know what to do and what not to do. Last week I received a call from South Florida. On the other end was a panicked young concealed carry permit holder; we’ll call him “Eric”, which isn’t his…