In Florida, someone who has been convicted of a crime can consider appealing a conviction to obtain relief from the conviction and sentence. The criminal court system allows appeal. However, most lower court decisions are upheld. Therefore, attempting to appeal a case may be a significant challenge. Some appeals are…
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?…
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…
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…
The Sixth Amendment to the Constitution of the United States provides that: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been…
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…
Florida Statutes § 775.21, also known as the Florida Sexual Predators Act, was established by the Florida Legislature to implement a strategy on how to deal with repeat sexual offenders, sexual offenders who use violence, and sexual offenders who prey on children. Essentially, this strategy includes ensuring decisions to release…
William Kuckuck v. State of Florida, 43 Fla.L.Weekly D80b (5th DCA 2017) involves a defendant, William Kuckuck, who was convicted of violating Florida Statutes section 847.0135(3)(b), by knowingly using a computer on-line service, internet service, or other similar device to solicit a person believed to be a parent of a…
The Jacksonville city council, in February, approved changes to a city ordinance that addressed issues of registered sex offenders and holiday celebration. The purpose of the ordinance is to protect the public. The idea is the same as the registration requirement for convicted sex offenders; putting the public on notice…
States, including Florida, often pass laws to protect children. Statutory rape laws are intended to protect children from being victims of sexual advances by older people. Florida Statute 794.05, entitled Unlawful Sexual Activity with Certain Minors, makes it a felony for any person 24 years old or older to have…