Being arrested for a federal charge can easily be an overwhelming experience, leaving many people not knowing what to do. As the common saying goes, “innocent until proven guilty”. It is important to protect your rights from being violated which include the right to a Miranda Warning, the right to…
South Florida Criminal Attorneys Blog
How a Suppression Hearing Can Help Your Post-Conviction Appeal
Suppression Hearings When a person faces criminal charges, the state or government must present evidence to obtain a conviction. One powerful tool used to counter evidence are suppression hearings. These special types of hearings are usually conducted before criminal trials start and are used to exclude or suppress specific evidence…
How Cases Get To A Federal Court
Criminal cases fall into generally two types of court systems – federal and state. Which court your case will fall under will depend on which court system has jurisdiction (the power to make legal decisions and judgements). Most states like Florida have broad jurisdiction and can hear cases regarding DUI…
How You Can Use Exculpatory Evidence to Help Your Post-Conviction Appeal
Exculpatory evidence in its simplest form is any favorable evidence for a defendant in a criminal case that can be used to prove their innocence. In United States law per Brady v. Maryland, a defendant MUST be disclosed by prosecutors of ALL evidence they have before the defendant accepts a…
What is Post Conviction Relief?
The term post-conviction relief, commonly referred to as PCR, is a legal process in which a convicted individual can seek to vacate, set aside, or adjust their sentence. Compared to an appellate court, post-conviction relief is a broader analysis of all aspects of a case. This can include the legality…
Why Giglio Evidence May Lead to a Successful Post-Conviction Appeal
Giglio evidence refers to any information or material that may be used to impeach the credibility, testimony, or character of a prosecutor’s witness in a criminal case. In Giglio vs United States, John Giglio was convicted of using forged money orders with the assistance of Robert Taliento. The government, however,…
Can Social Media Cause Jury Bias?
The Heard v Depp trial sparked major news coverage and pop culture attention this year. The civil defamation case found Amber Heard guilty of all three claims against her while Depp was found guilty for one against him. After the verdict, Heard spoke out claiming the unfavorable depiction of her…
What is the RICO Act?
The Racketeering Influenced and Corrupt Organizations Act, simply referred to as RICO, was passed in 1970 to help prosecutors pursue charges against organized crime organizations such as mobs, gangs and cartels. Recently, even well-known celebrities have been charged through RICO for their alleged involvement with these types of organizations. In…
Will the Red Flag Law Help Curb Gun Violence?
Recently in American news, gun violence has been an active discussion with politicians looking into many legal options to help curb it. One example being looked into is Florida’s red flag law through what is formally known as a Risk Protection Order. After the 2018 Stoneman Douglas high school shooting…
Help! I Was Arrested While Vacationing in Florida
Millions of tourists flock to Florida throughout the year for its enjoyable warm weather and unique range of fun in the sun. Whether you’re here for spring break, a girls trip, or just to do a little relaxing, too much fun in a state you’re not familiar with can be…