Category Archives: Criminal Defense
The Burden Of Proof For A Domestic Violence Injunction
When a person is charged with a crime of domestic violence in Florida, it is common for their alleged victim to seek what is known as a domestic violence injunction (DVI), which used to be called a restraining order. While it is usually possible for them to obtain an ‘ex parte’ injunction (a temporary… Read More »
When Does Drug Possession Become Trafficking?
No one likes to think that they might somehow blunder into ‘accidentally’ committing a crime – but Florida is one of the places where it can unfortunately happen if one is particularly unlucky. Florida’s drug laws are some of the strictest in the United States, and the offense of simple drug possession is much… Read More »
Domestic Violence Crimes & Statutes of Limitations
In this day and age, murder (homicide) is one of the few offenses that has no statute of limitations in most countries. The rationale is that the offense is so awful that a perpetrator should not be permitted to simply live out their life before answering for their crime. Most other offenses, including most… Read More »
Why Do Domestic Violence Victims Need Attorneys?
In a criminal case in the United States, the victim or alleged victim is represented in court by the prosecuting attorney (at least in theory), while the defendant is represented by their own attorney. However, many victims of domestic violence choose to retain their own attorney as well, even though they are not being… Read More »
Are Domestic Violence Case Records Public?
Being charged with a crime of domestic violence is a serious life event that must be taken seriously. Even if you are not ultimately convicted of this type of offense, it is important to realize that unlike in many other states, any state proceeding in Florida – including most lawsuits and criminal cases –… Read More »
The Use Of Social Media In Domestic Violence Cases
In this day and age, many people in the United States feel strongly about their social media, seeing it as a place to express unfiltered thoughts they cannot articulate elsewhere. While this can be catharsis, it does bring significant trouble in many situations. If you have been charged with a crime of domestic violence… Read More »
Should I Be Afraid Of False Domestic Violence Allegations?
Being maliciously falsely accused of domestic violence is a common bogeyman in today’s news, even though it happens relatively infrequently. What is more common is a domestic dispute in which the stories of all involved are garbled, and allegations of abuse are levied back and forth. If you have been charged with a crime… Read More »
Is Stalking A Crime Of Domestic Violence?
Stalking is a criminal offense that only truly became known a few decades ago, with the first anti-stalking law being passed in 1990 in California. Florida’s law was passed in 1992, and sets out in detail the factors that must be present in a case for the law to apply. Because of its often… Read More »
Domestic Violence Can Be A Warning Sign For Worse
Domestic violence, also called intimate partner violence (IPV), is a phenomenon with many different forms. Someone may commit one crime of this type and vow to never do it again, and others may commit crimes of domestic violence because they feel they can. In early December, a domestic violence incident in Seminole County ended… Read More »
Statutes Of Limitations & Domestic Violence Crimes
Crimes of domestic violence are taken seriously in Florida, with the law allowing additional penalties for convictions if the underlying offense has an element of intimate partner violence. However, the defendant also has the right to present their side of the story, including any defenses that they feel explain their behavior. One defense that… Read More »