- On behalf of Mike G Law posted in Violent Crimes on Thursday, June 28, 2018
In Florida, as well as other states, some criminal investigations may be halted or become futile because the statute of limitations has expired. A statute of limitations is a law that puts a limit on the amount of time that is allowed to elapse between the time a crime is committed or discovered and the time that a suspect can be charged with the crime. On the other hand, certain felonies and violent crimes are not subject to a statute of limitations. A suspect can be charged for the latter types of crimes at any time. This was dramatically illustrated this month when police in St. Petersburg arrested a man in connection with a sexual assault that took place more... Read More »
- On behalf of Mike G Law posted in Violent Crimes on Friday, June 15, 2018
As gorgeous as our weather can be in the Tampa area, the Sunshine State has a dark underbelly. Florida attracts all types of people, and sometimes when so many cultures and attitudes come together in a single place, violent crimes occur. Crimes of violence can include anything from assault or battery to firearms offenses and even certain sex crimes. Unfortunately, when compared to other states, Florida is something of a hotbed for such crimes. Even more unfortunately, the media focuses considerable attention on pointing this out. For example, a recent list of the 100 "most dangerous" cities in the United States included eleven Florida cities – none in the Tampa area. A more recent study that was released by WalletHub... Read More »
- On behalf of Mike G Law posted in Violent Crimes on Friday, June 1, 2018
According to the Fifth Amendment to the United States Constitution, "No person shall… be subject for the same offense to be twice put in jeopardy of life or limb…." Being "twice put in jeopardy" — or "double jeopardy" means being tried or punished twice for the same offense. So, for example, if a defendant receives a state criminal conviction for violent crimes he or she committed in Florida, the defendant could assert a double jeopardy defense if the state attempts retrial on the same crimes. Double jeopardy has been a cornerstone of federal since the U.S. Constitution was ratified. However, this Fifth Amendment safeguard has only been guaranteed under state law for about half a century. Some states may have... Read More »
- On behalf of Mike G Law posted in Violent Crimes on Friday, May 18, 2018
Across Florida – particularly on the Atlantic Coast – news media and citizens alike are reacting to a recent list that calls out 11 Sunshine State municipalities for their violent crime rates. The Top 100 Most Dangerous Cities in America, published by Alarms.org compiled the list in response to the shooting at a Parkland, Florida school. In spite of the alarms the list may be sounding, it also notes that the incidence of violent crimes in the country actually appears to be dropping. Although the report acknowledges the dip in violent crime, the media in some Florida cities took umbrage at being included at all. A television station in West Palm Beach, WPTV, pointed out that the statistics used to... Read More »
- On behalf of Mike G Law posted in Violent Crimes on Thursday, May 3, 2018
The Fourth Amendment to the United States Constitution protects citizens of Florida — and the rest of the United States — from unlawful searches and seizures, the latter of which includes arrests. Even in the case of suspected violent crimes, the protections afforded by the Fourth Amendment are foundational. To overcome, such constitutional protections, law enforcement, pursuant to the Amendment’s language, cannot search or seize a person or their property without "probable cause." Even a law enforcement officer with a search or arrest warrant was required to make a showing of probable cause. In order to obtain the warrant, the police officer must swear in an affidavit that there is sufficient probable cause to overcome the Fourth Amendment protections afforded... Read More »
