Criminal Law

Is Sealed or Expunged Information Ever Released to Anyone?

Posted on October 17, 2010
          I am sometimes asked whether the information contained in a criminal-history record that has been sealed or expunged is ever released to anyone.  An article that I wrote on my website Florida Criminal Records:  Frequently Asked Questions tries to answer this question.

When is Failing to Register as a Sex Offender Not a Crime?

Posted on October 11, 2010
           In the case of Carr v. United States, the U.S. Supreme Court ruled that the Sex Offender Registration and Notification Act ("SORNA") does not apply to sex offenders who traveled to another state or country before that law went into effect in 2006...

Marijuana Possession No Longer a Crime in California

Posted on October 06, 2010
Last week, CBS News published the following article regarding a significant change in the law pertaining to the charge of marijuana possession in California:   "California Gov. Arnold Schwarzenegger on [September 30, 2010] signed into law a bill that reduces the charge for possession of up to an ounce of marijuana from a misdemeanor to a civil infraction...

How to Reduce the Cost of Florida's Prison System

Posted on October 03, 2010
 A recent article by Will Hanlon, a Tampa criminal attorney, discusses a change to the sentencing process in Missouri's criminal courts which could come to Florida.  This change to the factors which judges could consider during sentencing is so important for Florida taxpayers that our lawmakers should examine it...

To access this complete feed in the blog feed reader login or register for free.

Florida Criminal Records and Background Checks

Posted on October 03, 2010
           If you were to ask the Florida Department of Law Enforcement ("FDLE") to do a background check on either yourself or someone else, that department would search various state and federal databases for records of such things as arrests, warrants, and domestic violence injunctions...

Six Causes of Wrongful Conviction

Posted on September 30, 2010
           The Innocence Project has identified the six most common causes of wrongful convictions.  They are:   Eyewitness misidentification Unvalidated or improper forensic science False confessions or admissions Misconduct by the police or prosecutors Informants or snitches Bad lawyering             The Innocence Project found that of the first 225 cases resulting in DNA exonerations:  173 involved eyewitness misidentification 116 involved unvalidated or improper forensic science 51 involved false confessions or admissions, and 36 involved informants or snitches...

A Judge Cannot Deny Your Request to Seal Your Record Simply Because Adjudication was Withheld

Posted on September 27, 2010
           In the case of Anderson v. State of Florida, a judge denied Mr. Anderson's petition to seal his criminal record because he had already received a "break" from the criminal-justice system when adjudication was withheld in his case and when he was allowed to successfully terminate his probation early...

Eyewitness Identification and Expert Testimony

Posted on September 23, 2010
           In a case from New York called People v. LeGrand, the issue was whether the trial judge was correct in refusing to admit expert testimony regarding the reliability of eyewitness identifications.  In refusing to admit such testimony, the judge in the LeGrand case ruled the same way that most judges throughout the United States rule when it comes to this particular issue...

10 Privileged Communications Recognized by Florida Law

Posted on September 21, 2010
          A privileged communication is a statement that you cannot be forced to disclose in a legal proceeding because it was made in connection with a legally-protected relationship.  Some of the privileged communications recognized by Florida law are:   Journalist's privilege; Lawyer-client privilege; Psychotherapist-patient privilege; Sexual assault counselor-victim privilege; Domestic violence advocate-victim privilege; Husband-wife privilege; Communications to clergy; Accountant-client privilege; Privilege with respect to trade secrets; Accident-report privilege...

How Long Do the Police Have to Wait to Question You if You Ask for an Attorney?

Posted on September 17, 2010
          In the case of Edwards v. Arizona, the United States Supreme Court ruled that when the police question someone who is in custody and that person expresses a desire to deal with the police only through a lawyer, the police have to stop questioning that person unless he or she voluntarily initiates further communication with the police...

DUI and Work Permits

Posted on September 10, 2010
          One of the consequences of being convicted of driving under the influence of drugs or alcohol (DUI) is that your driver's license is suspended for a certain period of time.  The amount of time depends upon how many times you've convicted of DUI in the past...

When is the Florida Department of Law Enforcement Not Required to Issue You a Certificate of Eligibility?

Posted on September 03, 2010
          In the case of A.J.M. v. Florida Department of Law Enforcement, the issue was whether the Florida Department of Law Enforcement had to issue a certificate of eligibility to seal a criminal-history record where the charge to be sealed was resolved without an adjudication of guilt, but where remaining charges stemming from the original arrest were still pending...

The 2010 Crack-Cocaine Amendment

Posted on August 29, 2010
          On August 3, 2010, President Obama signed the Fair Sentencing Act of 2010 which reduces sentences for crack-cocaine crimes.  An article that appears on my website, Federal Criminal Lawyer:  Frequently Asked Questions, looks at some of the details of this new law.

False Imprisonment and the Crime of Robbery

Posted on August 21, 2010
          Before someone can be lawfully convicted of both false imprisonment and robbery, it must be proven that the movement or confinement associated with the false imprisonment was not "slight, inconsequential, and merely incidental" to the robbery...

When is an Automobile Passenger Not Guilty of Conspiracy to Commit a Federal Drug Crime?

Posted on August 18, 2010
          When someone is charged in an alleged drug conspiracy and that person is located in an automobile that has drugs in it at the time of his arrest, it is not enough that he is merely present in the car; there must also be 'circumstances evidencing a consciousness of guilt' on his part before he can be convicted of conspiracy...

A Judge Cannot Deny Your Request to Expunge Your Record Without Giving You a Specific Reason

Posted on August 15, 2010
          In order to get your criminal record sealed or expunged in Florida, there are certain legal requirements that you must meet before a judge is even allowed to consider whether he or she will grant your request to seal or expunge your record...

False Imprisonment of a Child: What Does the Prosecutor Have to Prove?

Posted on August 01, 2010
          In Florida, the crime of false imprisonment is defined as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will...

Another Example of what Kidnapping is Not

Posted on July 15, 2010
          In the case of Gray v. State of Florida, Mr. Gray was convicted of kidnapping based on the following facts:             "Gray entered a convenience store in Fernandina Beach on February 24, 2004, at around 11:00 p...

Kidnapping and the Crime of Robbery

Posted on July 14, 2010
          Florida appellate courts have repeatedly said that simply moving a robbery victim at gunpoint from one room to another, even if a door is closed and the victim is ordered not to come out, does not constitute the crime of kidnapping...

When is it Kidnapping and when isn't it?

Posted on July 13, 2010
          In Florida, the crime of kidnapping can be committed in four different ways.              "The term 'kidnapping' means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:   1...

Splitting a Child's Lip and Choking Him is Not Necessarily Child Abuse

Posted on July 11, 2010
          In the case of State of Florida v. Figarola, Mr. Figarola was charged with child abuse because he struck his son Carlos twice for refusing to eat food which Mr. Figarola had prepared and served.  Mr...

A Spanking that Causes Bruises and Welts is Not Necessarily Child Abuse

Posted on July 10, 2010
          In the case of King v. State of Florida, Mr. King, who was a school administrator, was charged with child abuse based on the following facts:             "One of the disciplinary policies at Charlotte Regional Christian Academy is the use of     corporal punishment, and the parent of each enrolled student signs a form consenting to the administration of the punishment...

What Constitutes the Crime of Child Abuse in Florida?

Posted on May 26, 2010
          In Florida, the crime of child abuse is defined as the:   (a)  Intentional infliction of physical or mental injury upon a child;   (b)  An intentional act that could reasonably be expected to result in physical or mental injury to a child; or   (c)  Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child...

20 Legal Websites Containing Useful Information for You

Posted on May 12, 2010
        There are many websites that provide legal information, some sites being better than others.  In this article, I have provided links to several websites which contain legal information that hopefully you will find both interesting and useful...

Criminal Deportation and a New U.S. Supreme Court Case

Posted on May 02, 2010
          The United States Supreme Court recently decided a case called Padilla v. Kentucky in which the issue was whether Mr. Padilla's lawyer provided him with ineffective assistance of counsel when he failed to tell Padilla that he might be deported from the U...

Sex Offender Restrictions Eased in Miami-Dade County

Posted on April 23, 2010
          I frequently get calls and emails from people telling me how difficult it is for them or for a family member to comply with various sex-offender restrictions.  Based upon the following article that appeared on January 22, 2010 in the Miami Herald, it appears that legislators in Miami-Dade County, Florida are being told the same thing and that they had the good sense to ease some of the restrictions in that county...

When Are the Police Not Allowed to Search Your Car?

Posted on April 10, 2010
          I previously wrote an article on this website entitled "U.S. Supreme Court Modifies Search-Incident-to-Arrest Exception to Warrant Requirement" in which I discussed the case of Arizona v...

How to Get Your Name Removed from Florida's Sex Offender List

Posted on March 27, 2010
          One question that I am often asked is whether it is possible for someone to get his name removed from Florida's sex offender list and, if so, how?              In an attempt to answer that question, I looked at the frequently-asked-questions page from the section of the Florida Department of Law Enforcement ("FDLE") website pertaining to sexual offenders and predators where I found the following information:             Question number 16 asks, "How can I get my name off the sexual predator/offender list?"                Answer:             "If you are a registered sexual predator or a sexual offender meeting Florida criteria, registration is required for life, unless you have received a full pardon or had a conviction set aside in a postconviction proceeding for any offense that met the criteria for the sexual predator/offender designation...

Your Pharmacy Records and Doctor Shopping

Posted on March 12, 2010
          Recently, police here in Florida have been going to different pharmacies and obtaining copies of the pharmacy records of individuals suspected of doctor shopping.  After some of those individuals were later charged with violating Florida's doctor-shopping law, they argued to a judge that their rights were violated when the police obtained their records without a search warrant...

IQ Tests Key in Palm Beach County Trial

Posted on February 09, 2010
The following article was published Monday, February 8th in the Palm Beach Post News, and was written by Susan Spencer-Wendel. It refers to one of my recent cases.   IQ tests key in Palm Beach County trial that is longest delayed death penalty case in state WEST PALM BEACH — His is one of the longest-running death penalty cases in Florida, experts recall...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.