Criminal Defense Procedural Law in Florida

Lawyers Guide

Criminal Defense Procedural Law refers to the body of law that ensures that each case brought to court is treated justly. In our guide to Florida criminal procedural law, understand what rules govern the police and the appointed judges.

  • ContentEntrapment as a Legal Defense in Florida

    There are several forms of entrapment the local law enforcement agencies in Florida may attempt against a person under suspicion of participation of illegal activity. Knowing what these are and how to defend against both the entrapment and charges of such crimes is essential and often only possible through a criminal defense lawyer.

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  • ContentFlorida Criminal Law: Resisting an Officer Without Violence

    In Florida, it is a crime to resist an officer who is carrying out a legal duty such as an arrest even if the resistance is not violent in nature. The elements for the crime can be complex and require a trained legal eye to respond to charges of this nature.

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  • ContentFlorida's Law on Resisting Arrest - Legal Cause for Initial Arrest Required

    Resisting arrest in Florida requires certain actions taken by the perpetrator, and these charges are often not as severe if the event occurs without violence. Resisting arrest often comes about through interference with the officer who is performing duties while on duty at the time.

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  • ContentRecording Police Officers in Florida - Is It Legal?

    For legal recording to any person in the state of Florida, the recording individual must have consent for all parties before doing so is within the state even though there are 38 other states that permit this action without consent. Because the person needs permission, he or she cannot record others without this consent and legally accomplish this action.

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  • ContentYour Rights to Refuse a Search at a Traffic Stop

    There is nothing more nerve racking than being pulled over by a police office. More often than not people know what they were doing wrong, but wonder if they will be able to get out of it. There are times that the person has no idea what they were doing to be pulled over in the first place.

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  • ContentRational Choice as a Theory of Crime

    Rational choice is a prominent theoretical model in many fields of research, though many criminologists continue to doubt its applicability as a general theory of crime.

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  • ContentArrested or Detained at the Airport if You Are Not a U.S. Citizen - What to Do

    The Trump Administration has made more of an effort than any other administration to enforce the immigration laws in the United States. This is evidenced by the fact that the Department of Homeland Security has deported more individuals under President Trump than any other president.

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  • ContentThe Attorney-Client Privilege in Florida

    Communications between a client and his attorney are generally privileged under the attorney-client privilege, which is a legal and ethical concept that preserves the confidentiality of communications between a client and his attorney.

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  • ContentTrial by Jury in Florida

    A brief overview of the jury trial process in the State of Florida.

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  • ContentThe Process for Posting Bail in Florida

    A defense attorney can assist during a Miami bail hearing to ensure that your or a loved one’s rights are protected. If you recently received a phone call from a relative or friend who has been arrested, posting bail is probably at the forefront of your mind. While the process is relatively simple, you have to ensure that bail is posted correctly in order to expedite your relative's or friend's release.

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  • ContentSelf Defense Principles Under Florida Law

    In Florida, self-defense may be asserted as a defense when someone exerts force in a manner that would otherwise be considered unlawful. This defense may be asserted in cases involving physical violence, such as to refute claims of domestic violence, battery or murder.

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  • ContentOnline Publication of Mugshots in Florida

    A mugshot is a photographic portrait taken of a defendant by the police department after the defendant has been arrested and is in police custody. Typically, the arrestee will take one front-view photo and one-side view photo. The purpose of a mugshot is to provide law enforcement with a photographic database of all arrested individuals, which is then often used by victims and investigators for identification purposes.

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  • ContentHow Defendants Should Dress for Court in South Florida

    As a South Florida criminal lawyer with over 30 years of courtroom experience, I’ve seen thousands of criminal defendants come through the South Florida courts.

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