Recent Blog Posts
Florida Law on Hate Crimes
A hate crime is essentially a crime committed against an individual because of that individual's race, color, religion, ancestry or national origin, gender, disability or sexual orientation. Hate crimes include a range of crimes including assault, assault with a weapon, robbery, harassment, vandalism, rape, and murder. Usually, hate crime laws are designed to protect individuals based on actual or perceived characteristics. Most states prosecute hate crimes fervently in order to combat racism, sexism, and other prejudices that threaten peace within a community.
The actual elements and characteristics that constitute a hate crime vary between each state. If you have questions concerning the hate crime laws in your state, contact a criminal defense attorney in your state. Some states acknowledge hate crimes. Other states limit hate crimes to crimes of violence. And, still other states have no hate crime legislation whatsoever. An experienced criminal defense attorney can help you determine if your state has enacted hate crime laws and can help you understand what those laws entail.
Police Taser Passenger During Traffic Stop
On September 25th, police officers stopped Lisa Mahone for a seat belt violation while driving to a local hospital with her boyfriend Jamal Jones and their two children, a 14-year-old son and a 7-year-old daughter.
Lisa Mahone obliged with the police officer's request for her driver's license and proof of insurance. However, police officers then requested identification from her boyfriend Jamal Jones who was sitting in the passenger seat. Jones informed police officers that he did not have an identification card and that he recently received a ticket. Jones reached into his book bag in order to show police officers the ticket. At this point, the police officers drew their guns.
While Mahone called 911 to report the incident and her fear over the situation, her 14-year-old son began recording the incident on a cellular device. To this point, Jones requested to speak with the police officer's supervisor and the police officers rejected the request. Shortly after and unexpectedly, the police officers shattered the passenger side window and used a Taser on Jones. The police officers then removed Jones from the vehicle and arrested him.
7th Heaven Actor Stephen Collins and His Secretly Recorded Confession: Legal or Illegal?
Hollywood actor Stephen Collins of the hit-show 7th Heaven is currently under investigation following leaked recordings between Collins, his estranged wife and a therapist. The recordings allegedly contain Collins' own confession to various acts of child molestation and other sexual abuse that occurred in the 1970s. In the recordings, a man alleged to be Stephen Collins, confesses in detail to molesting three underage girls on separate occasions.
Collins' wife recorded the audio secretly during a counseling session that took place in California in 2012. Collins was reportedly unaware that the counseling session was being recorded. However, under the advice of a California criminal defense attorney, Collins' wife proceeded to record the private conversation. The audio recordings have now been seized by the New York Police Department and an investigation is currently underway.
According to California law, generally, an individual recording a private conversation must have the consent of all parties to the conversation in order for the recording to be legal. California is a "two-party consent" state meaning that conversations being recorded must have the consent of all parties to the conversation.
Criminal Indictment: What You Need to Know
A criminal indictment is a formal document filed with a court to charge an individual with committing a crime. An indictment is issued once a prosecutor presents evidence to a grand jury and the grand jury, a group made up of 16 to 23 citizens, then determines if there is probable cause to indict the accused individual. The probable cause standard is relatively low and can be met by agreement of the slightest majority of the grand jury.
An indictment serves as a formal accusation and is basically designated as a starting point to the legal process. Criminal indictments typically initiate the beginning of a criminal prosecution. The formal charges must be filed typically within 30 and 40 days from the date on which the defendant is arrested, if not the defendant must be released. Laws regarding the indictment process vary between states. Contact a criminal defense attorney in your state to learn about the laws impacting you.
Indictments usually contain a plain, concise, and definite written statement declaring where, when and how the accused allegedly committed the offense. An indictment typically foreshadows the elements that will need to be proven at trial.
What is a Plea Colloquy?
The plea colloquy occurs after a criminal defendant enters a guilty plea in a court. The plea colloquy is essentially a conversation between the presiding judge and the criminal defendant in which the defendant who has been sworn under oath enters a guilty plea. The plea colloquy validates the plea.
An innocent defendant can enter a plea in order to avoid a conviction by a jury at trial. It is important to consult a criminal defense attorney prior to entering a guilty plea. A guilty plea can have various consequences on a criminal defendant. An experienced criminal defense attorney can advise a defendant on the repercussions stemming from entering a plea and can advise on other potential legal options.
Schedule a ConsultationA guilty plea can only be made if the defendant intelligently, knowingly, and voluntarily enters the plea. Therefore, in order to ensure that a guilty plea is entered under those circumstances, the court is required to engage in a specific line of inquiry with the defendant. In this line of inquiry, the court advises the defendant about the nature of the charge, the potential penalties that might result from the plea including any mandatory minimum sentence, and the defendant's right to not plead guilty and to request a jury trial. The court must receive a voluntary affirmative response from the defendant acknowledging that he or she understands each of these points.
Florida Law on Theft Crimes
Theft is a criminal offense punishable by law and occurs when a person takes or uses another person's property. Theft is proven when an individual knowingly obtains or uses the property of another with intent to deprive the other person of the a right to the property or with intent to appropriate the property to his or her own use.
Every state has varying laws regarding theft and its classification. Contact a criminal defense attorney in your state to find our about the laws affecting you. An experienced criminal defense attorney can help you understand the law and how it applies to you.
Florida law classifies theft under two categories: petit theft and grand theft. Petit theft is the lowest level theft offense. Petit theft of the second degree occurs when the property stolen is valued at less than $100. A conviction of petit theft of the second degree is punishable by a jail sentence up to 60 days and can carry a fine of up to $500. Petit theft of the first degree occurs when the property stolen is valued at $100 or more, but less than $300. A conviction of petit theft of the first degree is punishable by a jail sentence up to a year and can carry a fine of up to $1,000.
Florida Law on DUIs
A DUI is a criminal offense punishable by law and proven by an unlawful blood alcohol content level of.08 or above. A DUI occurs while an individual is operating a motor vehicle while under the influence of alcohol or drugs.
Every state has different laws pertaining to DUIs. It is necessary to contact a criminal defense attorney in your state to learn more about the laws affecting you. A criminal defense attorney can help you understand the law and ensure that your rights are protected.
Florida law regarding DUIs is strict compared to most other states. A first DUI conviction can carry a fine of $250 up to $1,000, a mandatory 50 hours of community service, probation up to a year, license suspension up to a year, ignition interlock system requirement for up to six months, and jail time up to nine months. A second DUI conviction can carry a fine of $500 up to $2,000, a mandatory 50 hours of community service, ignition interlock system requirement for a mandatory two year minimum, license suspension for up to five years, mandatory imprisonment of 10 days, and jail time up to a year. A third DUI conviction can carry a fine of $1,000 up to $5,000, a mandatory 50 hours of community service, license suspension for a minimum of 10 years, mandatory imprisonment of 30 days, jail time up to a year, completion of a mandatory DUI treatment course and a mandatory ignition interlock system requirement. A fourth DUI conviction along with subsequent DUI convictions can be 3rd degree felony charges. An offender will be classified as a habitual offender, receive harsher penalties including a mandatory permanent drivers license revocation and jail time up to ten years. While actual sentences can vary, these are the typical penalties associated with each offense.
Florida Law on Domestic Violence
Recently, several incidents have emerged involving celebrities or high profile individuals and domestic violence. Probably, the most notorious of these incidents involves football player Ray Rice. Rice, a former player of the Baltimore Ravens, was arrested and indicted for a third-degree aggravated assault against his then-fiancé, Janay Palmer. While the criminal charges were later dropped after Rice agreed to undergo court-supervised counseling, Rice did receive a two game suspension from the NFL for the upcoming 2014 season. After more detailed footage of the incident was revealed by TMZ showing Rice punching Palmer and knocking her unconscious, the Baltimore Ravens terminated their contract with Rice and the NFL suspended Rice indefinitely.
This incident draws attention to the repercussions involved in domestic violence cases. While Rice was not given a severe sentence from the court, he did endure various long-term consequences in other areas of his life specifically one affecting his employment status. Domestic violence charges can have various implications. Domestic violence sentences can include jail time, probation, community service; court mandated counseling programs, and fines. A criminal defense attorney can help achieve the best possible results in a domestic violence case. Domestic violence laws vary between states. Consult a criminal defense attorney in your area to learn about the laws affecting you.
Female Celebrity Nude Photo Leak: A Sex Crime
A few days ago, a multitude of nude photographs of female celebrities began circulating online. The list of victims includes Kate Upton, Victoria Justice, Ariana Grande, Kirsten Dunst, Mary Elizabeth Winstead and Krysten Ritter, among others. While many media outlets have called this incident a scandal, it is more appropriately identified as a sex crime. Simply put, nude photographs were stolen and disseminated without permission. This offense not only includes theft of personal property, but more perversely, the exploitation of the female body.
Many media outlets have morally reprimanded the female celebrities that fell victim to this offense. While it is certainly true that it may be foolish to take nude photographs of oneself on a mobile device that can be easily hacked or stolen, these women did nothing wrong. They simply exercised their right to take pictures of themselves on their personal cell phone devices while relying on an expectation of privacy – which we are all entitled to. Any form of reprimand should be directed at those who stole the personal property from these women and later, dispersed it.
Florida Law on Hot-Car Deaths: Unattended Children in Motor Vehicles
There has been a surge of incidents involving the death of children left in hot, unoccupied cars. Many of these incidents result in charges brought against the child's parent, guardian or other caretaker. Not all states have specific laws designed to target this growing concern. Each state has different laws governing this issue. It is important to contact an experienced criminal defense attorney in your state to learn about the different laws affecting you.
Most recently, in Atlanta, a father whose son died after being left in a hot vehicle was charged with murder. The twenty-two month old child was reportedly left in the car for several hours while the father was at work. Currently, the father is being held without bond and is facing the death penalty stemming from a charge of malice murder. The charges brought against the father focus on the twenty-two month old child's death and the physical pain suffered prior to death. Court filings and testimony seem to show that the incident did not arise out of an accident or mistake, but rather that the father had abandoned the child in an effort to attain a childfree life. Evidence gathered by authorities includes explicit conversations between the father and six women during the course of the workday and more importantly, the father's inaction upon returning to his vehicle and seeing his child.
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