The U.S. Supreme Court has ruled on two challenges to Florida’s jury laws – once in 1970, and once in 2024.  In Florida, many may believe that if they are arrested and tried for a criminal offense, they will receive a jury of twelve. However, this is not the case. Under Florida law, the vast majority of cases are tried …

Florida’s First District Court of Appeal rules that a confession from a defendant who claimed to have insomnia and to be under the influence of drugs was voluntarily given. What Are Miranda Rights? In Florida, someone must be read their Miranda rights before police subject them to custodial interrogation. Your Miranda rights include all of the following: The right to …

Florida’s 1st District Court of Appeal rules that someone testifying to the value of property in a theft case must have “personal knowledge” of it, not simply agree with the State’s estimate. In Florida, the State must prove the value of allegedly stolen property beyond a reasonable doubt for a theft conviction. This blog will discuss a key new ruling …

Florida’s 2nd District Court of Appeal rules that a confession to possessing drugs can lead to a conviction on a theory of constructive possession – even if no additional evidence besides the defendant’s proximity to the drugs is provided. In Florida, “constructive possession” is established when the State proves someone knew of an illegal item and had the ability to …

Florida’s 5th District Court of Appeal rules that an explicit post-Miranda request for a lawyer, in certain contexts, does not always mean the police must immediately end questioning. In Florida, someone may (and should!) invoke their Miranda rights to remain silent and request an attorney if law enforcement reads them their rights.  Law enforcement in Florida must read Miranda before …

Florida’s 4th District Court of Appeal shows friendliness to the idea of a twelve-person jury even in cases where death is not a possible penalty. If you’re facing criminal charges in Florida, you may assume a jury of twelve will decide your fate. But in most cases, that’s not true, and a recent major court ruling highlights why this issue …

Florida’s 2nd District Court of Appeal rules that simply “carrying” a deadly weapon is insufficient for someone to be found guilty of aggravated assault with that weapon. In Florida, aggravated assault is a very serious felony offense. A common form of aggravated assault is aggravated assault with a firearm or deadly weapon, without intent to kill the victim.  For someone …

Florida’s 1st District Court of Appeal discusses when police conduct during interrogation crosses (and does not) cross the line into “undue coercion.” In Florida, someone subject to custodial interrogation must first be read their Miranda rights. But if someone waives their Miranda rights and agrees to speak with law enforcement, does this give officers the right to do whatever they …

Florida’s 1st District Court of Appeal reiterates that when a suspect unequivocally invokes their right to attorney, police must end questioning unless the suspect voluntarily re-engages. Before someone is subject to custodial interrogation by law enforcement in Florida, they must first be read their Miranda rights. Police must notify someone after they are taken into custody but before interrogation commences …