Every crime has two components which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction of the defendant: the actus reus and the mens rea. Actus reus refers the thing or act itself, while mens rea, Latin for “guilty mind, is the defendant’s state of mind when engaging in the alleged criminal […]
In April of 2016, in a move lauded by many civil liberties groups and even some law enforcement agencies, Gov. Scott signed a new bill into law significantly reforming Florida’s civil forfeiture statute. The State of Florida is authorized to seize property connected to illegal activity through its civil forfeiture statute, Florida Statutes §§ 932.701-704. […]
In Florida, a weapon is a “deadly weapon,” if it is used or threatened to be used in a way likely to produce death or great bodily harm.” Fla. Std. Jury Instr. (Crim.) 8.4. The use of a deadly weapon while making an intentional, unlawful threat, along with the apparent ability to complete the threat, […]
In every Florida DUI case, there are two considerations: the criminal case and the administrative suspension of the driver’s license by the Florida Department of Motor Vehicles. This blog post concerns how to protect your rights in the administrative suspension case. The Rules for Driver’s License Suspension From the date of an arrest, drivers in […]
The Florida Constitution, states that “it shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provisions shall be made by law for the abatement of air and water pollution and excessive and unnecessary noise.” (Florida Constitution, Article II, Section 7). Florida regulates conduct in public places […]