Can Manslaughter Be a Misdemeanor

Under Florida law, manslaughter involves the killing of a human being that does not fit within the definition of murder or felony-murder. Murder generally involves either a “depraved heart,” “reckless disregard for human life,” or felony-murder, which is a murder committed during the commission or attempted commission of an inherently dangerous felony. Manslaughter, however, is […]

Can a Probation Violation Be Dismissed?

Following a misdemeanor or felony conviction, a Florida judge may impose probation instead of—or in addition to—incarceration in a county jail or state prison. However, a probation sentence requires the offender to comply fully with all of the terms of the probation. These conditions usually include some or all of the following: Mandatory restitution or […]

Can an Assault Conviction be Expunged?

Unfortunately, a criminal record can have a serious impact on your ability to find a job, find a decent place to live, or gain admission to the college or university of your choice. In some cases, however, depending upon the nature and circumstances of the offense, you may be eligible to seal or expunge a […]

The Juice is (Almost) Loose: Parole and Probation Violations

On July 20th of this year, one of the most noted parole hearings in recent memory resulted in former NFL-player and actor O.J. Simpson winning his case for freedom. O.J., who was convicted of armed robbery, kidnapping, and assault with a deadly weapon, served the minimum amount of his 33-year sentence and could be released […]

Voting Rights for Felons Are Up for Debate in Florida

It is your right as an American to vote, right? Well, once you are a convicted felon, that can be debatable. If you have committed a crime and served your time, then you should be able to vote; that is the way many Americans see the issue. Why should this burden follow you for eternity? […]

You Have the Right to Remain Silent: Your Miranda Rights

You have probably heard this many times on TV crime dramas: “You have the right to remain silent, anything you say can and will be used against you in a court of law…” Yes, these are the words spoken by a police officer to a suspect who has been placed under arrest, otherwise known as […]

Foreign Nationals Need to Think Twice About Accepting a Plea Agreement

Plea deals are sometimes a way for both sides—the defendant and the prosecution—to resolve a criminal case in a way that avoids the uncertainties involved with taking a case to trial. However, if you are an immigrant, a plea bargain—or a plea deal—may end up being a worse deal than it appears to be. It […]

Things to Know About Being Taken Into Custody

If you’re taken into police custody, you’re under arrest. That doesn’t necessarily mean that you’re going to be charged with a crime, but you’re not free to leave. What Happens If You’re Taken Into Custody You might be released in 10 minutes and free to leave, or you might be transported to jail where you […]

Am I Being Detained and Arrested?

Some significant differences exist between the act of being stopped and the act of arrest. For legal purposes, and because they can follow each other in quick succession, detention and arrest are the same. The word “detain” means “to hold.” The police can detain a person if they have reason to believe that he or […]

Do I Need an Attorney for My Probation Violation?

The judicial system allows those who have been found guilty of a crime to avoid jail time by instead placing them on probation. By following the guideline set out by the court, many are able to avoid jail time and are given a second chance at life. Unfortunately, when someone on probation is accused of […]