Recent Blog Posts

For anyone even vaguely familiar with the criminal trial process, the word “hearsay” will seem familiar. It is one of the most important and frequently cited rules in a criminal trial, as it involves statements that can be incriminating or prejudicial to a defendant. The definition of hearsay under Florida’s Evidence Code is an out-of-court […]

When faced with any type of criminal charge, a defendant’s goal is to be acquitted or have charges dropped. Alternatively, they may seek a favorable plea agreement that is less harmful than a conviction. Sometimes, despite all efforts by the defendant and their legal team, they find themselves convicted of a crime. The question, then, […]

The rapid growth of technology and the ease of communication online has had many benefits, but has also led to a growth in criminal activity and online fraud. One way that Florida protects against widespread fraud is through Florida’s Organized Fraud statute. Under Florida Statutes, Sec. 817.034, anyone who “engages in a scheme to defraud […]

Health care fraud is an increasingly scrutinized criminal activity that invites constant attention from Federal and State prosecutors and regulatory agencies. When health care fraud makes the news, it is often in a big way, with defendants charged for collecting tens of millions in fraudulent profits and kickbacks. In 2007, the FBI established a Health […]

Bank fraud is usually thought of as something that happens among high-ranking white collar criminals in the financial industries – not something that occurs among everyday people among the general public. Technically, however, acts of bank fraud can be committed by anybody with any kind of access to a financial institution. Bank fraud happens when […]

Giving false information to an insurance company in Florida to obtain undeserved benefits can lead to serious criminal charges. Insurance fraud can involve auto, life, homeowner’s, worker’s compensation, or health insurance, and any other insurance covering damages to people or property. In Florida, insurance fraud rates continue to rise, with thousands of insurance fraud claims […]

Many people have heard of the “Double Jeopardy” rule in criminal cases, but are unsure exactly what that means. Essentially, it is a Constitutional right not to be put on trial twice for the same crime, if acquitted the first time. The U.S. Constitution’s Fifth Amendment and Article I, Section 9 of the Florida Constitution […]

Civil asset forfeiture may occur in combination with a criminal case, when law enforcement takes property that was allegedly used in relation to criminal activity. Unlike many other states, Florida does not have criminal forfeiture. However, takings under the civil forfeiture process are held to a criminal standard of proof – beyond a reasonable doubt. […]

Possession of a controlled substance, in some cases, can quickly escalate to “intent to sell”. This is often based on law enforcement’s perception of a person’s actions and the amount of drugs in their control. Under Florida Statutes Sec. 893.13(1)(a), a person may not “sell, manufacture, or deliver, or possess with intent to sell, manufacture, […]

Sometimes, despite the best efforts of yourself and your legal defense team, the facts and circumstances of a case lead to a guilty verdict, or a plea agreement admitting some level of culpability. Most people picture a defendant then being led away in handcuffs to serve out a sentence, like we see on TV shows. […]