Clearwater Criminal Defense Law Blog

In a Florida criminal trial, both the prosecution and the defense use evidence to help build a picture of their version of events. Although all evidence is intended to prove a fact, not all evidence is the same. What follows is a discussion of the various types of evidence and what you need to know about evidence if you find yourself on trial in the state of Florida. Basics Evidence is generally divided into four categories: Real evidence, demonstrative evidence, documentary evidence, and testimonial evidence. Although each type of evidence may be used in a trial, the persuasive value of a...

Insuring that one’s civil rights are recognized is an important part of the American legal profession’s responsibility to its clientele. However, what exactly constitutes a civil right is not necessarily always clear to the layperson. What follows is a brief overview of civil rights in general and what you need to know if you believe yours are being violated in Florida. Basics Civil rights are generally a set of rights against unfair treatment that are inherent to personhood. Under the American rights paradigm, civil rights are not a creation of the state. However, the state’s task as it...

The crime of burglary is another charge that is frequently filed in Florida courts. Any conviction of burglary in Florida is a felony, which means it carries with it the possibility of significant time in prison and sizable fines. This article will describe some of the more common defenses against the charge of burglary in Florida, as well as what you need to know if you find yourself charged with the crime of burglary. Basics In Florida, burglary is defined as Entering a dwelling, structure, or conveyance with the intent to commit a crime within unless the defendant has license or is...

Robbery is one of the more common offenses charged by Florida courts. A conviction for robbery in Florida is always a felony, and, depending upon the charge and the circumstances, may lead to a life sentence in Florida’s prisons. What follows is what you need to know about some of the more common defenses against a robbery charge in Florida. Basics Florida law describes robbery as Taking the money or property of another using force or threat with the intent to deprive the owner of that property. To meet the “taking” element, the state must show that the property was removed without the...

  Among the more controversial laws passed in the 21st century by the Florida legislature is the state’s “stand your ground” self-defense law. What follows is a discussion of Florida’s stand your ground law and what you need to know if you are in a situation where this self-defense law may be important. Duty To Retreat In many states, an individual who is under attack by another has a legal duty to retreat from the threat as much as reasonably possible before he or she is legally permitted to respond with deadly force. Roughly half of the states in the US have some form of a duty to...