Criminal Appeals in Florida: How the Post-Conviction Process Works
The direct appeal in Florida criminal cases A defendant who is convicted of a crime in Florida circuit court has the right to file a direct appeal to the District Court of Appeal. The notice of appeal must be filed within thirty days of the rendition of the sentence under Florida Rule of Appellate Procedure […]
Witness Tampering and Obstruction of Justice Under Florida Law
Tampering with a witness under Florida Statute 914.22 Florida Statute 914.22 makes it unlawful for a person to knowingly use intimidation or physical force, threaten another person, or attempt to do so, or to engage in misleading conduct toward another person, with the intent to influence, delay, or prevent the testimony of any person in […]
What Is Nolle Prosequi in Florida Criminal Cases
Definition of nolle prosequi in Florida Nolle prosequi is a Latin term meaning “will not prosecute.” In Florida criminal proceedings, a nolle prosequi is the formal declaration by the State Attorney that the State will not proceed with prosecution of a charge. Florida Rule of Criminal Procedure 3.190(a) governs the filing of a nolle prosequi. […]
Reckless Driving Charges in Florida: Statute and Penalties
How Florida defines reckless driving Florida Statute 316.192 defines reckless driving as driving any vehicle in willful or wanton disregard for the safety of persons or property. The statute requires more than ordinary negligence. The conduct must be willful or wanton, meaning the driver was aware of a risk to others and consciously disregarded it. […]
Driving with a Suspended License in Florida: What the Law Requires
How Florida Statute 322.34 classifies the offense Florida Statute 322.34 makes it unlawful for a person whose driver’s license has been suspended or revoked to drive a motor vehicle on a public road or highway while the suspension or revocation is in effect. The statute classifies the offense based on whether the driver had knowledge […]
Stalking and Cyberstalking Charges Under Florida Statute 784.048
How Florida defines stalking under Statute 784.048 Florida Statute 784.048(2) defines stalking as willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person. The statute requires a pattern of conduct, and a single incident does not constitute stalking. “Harassing” is defined under the statute as engaging in a course of conduct directed at a specific […]
Weapons Charges in Florida: What Florida Statute 790 Covers
Overview of Florida Statute Chapter 790 Florida Statute Chapter 790 governs weapons and firearms in Florida. The chapter covers a range of conduct including unlawful possession of a firearm, carrying a concealed weapon without a license, possession of a firearm by a convicted felon, and the use of a firearm in the commission of a […]
Sex Offender Registration Requirements Under Florida Law
Who is required to register under Florida law Florida Statute 943.0435 defines a sexual offender as a person who has been convicted of, or who has pled guilty or nolo contendere to, a qualifying offense under Florida law or a comparable offense in another jurisdiction. The statute provides a list of qualifying offenses, which include […]
Theft and Burglary Charges in Florida: Classifications and Penalties
Florida Statute 812.014 defines theft and establishes felony and misdemeanor classifications based on the value of the property taken. This post explains the charges and court procedures.
Trespassing and Burglary of a Structure Under Florida Law
Florida Statute 810.02 defines burglary as entering or remaining in a structure or conveyance with the intent to commit an offense therein. This post explains the charges, degrees, and penalties.