Category Archives: Criminal Law Explained
Unlawful Search And Seizure
Information from questionable informants, drug dog hits on property and items seized from homes are all the types of evidence people try to keep out of court by claiming the search and seizure was not valid. Ft. Lauderdale lawyer Kevin J. Kulik, PA has spent time as a state’s attorney and has experience working… Read More »
Death Row Inmates Are Now Required to Appeal Their Death Sentences
In a recent case decided this year, defendants’ rights (and the attorneys who represent them) may be overridden by procedures mandated by Florida statutes. The Florida Supreme Court decided this last July that a death row inmate must seek an appeal, as required by statute, even though the death row inmate has no desire… Read More »
Misdemeanor Or Felony?
Even though the distinction between misdemeanor and felony charges matters, most people think a misdemeanor charge should not be given as much thought as a felony charge. This misunderstanding can result in greater sentences, fines and penalties for misdemeanor charges than is otherwise necessary. While the jail time associated with a felony charge is… Read More »
The Use of Social Media in Pre-Trial Investigation of Prospective Jurors
One of the most important aspects of a criminal trial is the voir dire procedure, a process by which jurors are selected before a trial begins to ensure that the defendant’s case will be heard by a panel of his impartial peers. The procedure requires that each prospective juror be asked a series of questions to ascertain… Read More »
When Have You Actually Been Arrested in Florida?
If you’re pulled over for driving under the influence, and the police officer determines that you should be taken in for further testing to determine your blood alcohol level, at what point are you under arrest? Does the police officer have to actually say the words “you’re under arrest?” Or is it sufficient for the officer simply to escort… Read More »
What Counts as “Recently Stolen” Property in Florida?
How long ago is “recently?” A year? Six months? One month? The defendant in the 2013 case of D.S. v. State raised exactly this question in a motion to dismiss the charges against him. There is a Florida statute, Fla. Stat. § 812.014(1)(a), that provides that, in a case in which a person is… Read More »
Prowling, Burglary, and Possession of Burglary Tools in Florida: What Counts as Evidence?
In Florida, as in many states, there exists not only a crime of burglary—which consists of breaking and entering into a dwelling, structure, or automobile with criminal intent—but a separate crime of possession of burglary tools. This crime is often a “freebie” for the state: it’s rare that someone who commits a burglary will be arrested without the actual… Read More »
Proving Vehicular Homicide in Florida Requires Proving Intent
It’s difficult to imagine, but what if, when you were simply driving along the street, you suddenly blacked out? If you then spun out of control and, in a tragic turn of events, crashed into and killed another driver, could you be found guilty of vehicular homicide? The Case of Stracar v. State In the… Read More »
Aggravated vs. Simple Assault in Florida: The Danger of an Inconsistent Verdict
In Florida as in most states, there is a difference between aggravated and simple assault. One of the most common ways to raise an assault charge from a simple assault to an aggravated assault is the use of a firearm (or other deadly weapon) in the course of the commission of the crime. The defendant’s possession of a… Read More »
What Happens At A Preliminary Hearing?
The preliminary hearing is the first time you appear in court, before the judge. After being charged with a crime, you must stand before the judge to hear the charges against you. The judge reads off the charges, advises you of your legal rights (such as the right to an attorney of your choice)… Read More »