What is probable cause?
When a police officer conducts an arrest, probable cause is the standard used to justify a search by police. It simply is the legal basis upon which a legal search by a policeman or police agency can be based. The Fourth Amendment to the United States Constitution guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.
How does a warrant get issued?
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 and the proof required is also different.
772.11 Civil remedy for theft or exploitation.—
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 committed a crime or was in the process of committing one, or was about to commit one. Where the officer believes that a crime may have been committed or is about to be committed, he or she may make a temporary detention of the suspect and may proceed to pat them down.
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 a matter of right and some are discretionary on the part of the appellate court. Generally, the party the files the appeal attempts to show a material error on the part of the trial court.
What Type of Error is Substantial?
The appellate courts distinguish between harmless error and a material error. Where an appellate court reviews an error as harmless, it is not considered to have a substantial impact on the disposition and eventual result of the case. Where an error by a trial court does not show that it affects the substantial rights of a party, it may be difficult to prove that a material mistake was made by the trial court and obtain relief.
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 Defendant was cut off from the outside world. In three of these cases, the Defendant signed statements that were admitted at trial and one of the cases involved oral statements admitted at trial. Following the Miranda Case, whenever a person is taken into detention, that individual must be advised of their Fifth Amendment right against making any self-incriminating statements. When the police question someone in custody, they must advise:
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:
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 provide that persons charged with a crime will be brought to trial within 90 days of arrest where the crime charged is a misdemeanor and within 175 days where the crime charged is a felony. Rule 3.191(b) provides for a Defendant to demand a speedy trial in writing and when this occurs, he or she is entitled to trial within 50 days. Under this rule, such a demand signifies that the Defendant is prepared to proceed to trial within 5 days.
What happens if the state fails to conduct a trial within the statutory time periods?
Where the state fails too bring the accused to trial within the above referenced time periods, the Defendant is discharged (except for exceptions to the tolling of these time periods).
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 executed at anytime. Just because you may not be located within the territory of the state that issued a warrant, you are not safe from exposure to arrest. It is common for warrants to be issued for both felonies and misdemeanors in Florida. A warrant will be active until it is served, the individual dies, or the judge recalls the warrant. It is important to resolve a warrant promptly, so one does not have to deal with a multitude of problems unexpectedly. Your arrest could result from the most minor traffic stop for a tailgate light.
The FDLE has a database which usually lists active warrants and may be found online at http://www.fdle.state.fl.us/. You can select “search wanted persons” and you will be taken to a search screen.
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 as the reason for filing:
Jacksonville Criminal Defense Lawyer Blog