Author Archives: Jared Brown

Stalking Injunction Res Judicata

April 5, 2022

In math, two plus two always equals four. If you add it again in the calculator, the answer doesn’t change. However, that’s not the case in law. When the judge, jurors, lawyers or witnesses change, the same facts often result … Continue reading

Diminished Capacity

April 4, 2022

Intent is a big issue in criminal defense. It means the difference between Murder and Manslaughter, or a Battery and innocence. Sometimes, the evidence is obvious. Maybe you tripped and bumped into someone, rather than intentionally touching him. But when … Continue reading

Pleading to a Crime You Didn’t Commit

March 31, 2022

Can you plead guilty to a crime you didn’t commit? Unfortunately, you can. But what happens if you do? Are you stuck with that conviction on your record? The Second District Court of Appeal addresses this in Patlan v. State. … Continue reading

Burden of Proof at Injunction Hearing

March 29, 2022

Most injunction hearings become a he said, she said. Often no one else sees what happens. Still, the petitioner must show a preponderance of the evidence. Although a lower standard, the one on one nature makes the burden of proof … Continue reading

Judge Enforces Negotiated Plea

March 28, 2022

Although judges often decide sentences, they accept negotiated pleas too. In Florida, the prosecutor can agree to a deal with you to resolve your case. The State can make deals the judge can’t offer because it can go below minimum … Continue reading

True Split Sentence Violation

March 25, 2022

When a judge sentences you to probation, there’s always a chance you violate. If you violate, you face jail or prison. To scare, sometimes a judge offers a suspended sentence. In a suspended sentence, the judge lets you know the … Continue reading

Leaving the Scene of an Accident

March 24, 2022

Cars crash all the time, especially in South Florida. When they do, drivers must stop and share their name, address and registration info. Upon request, they must show their driver’s license too. If the crash injures someone, the driver must … Continue reading

Proof Evident, Presumption Great

March 23, 2022

Normally, when you’re arrested for a crime in Florida, you’re entitled to bond. However, if you’re arrested for a crime punishable by death or life in prison, judges can deny you bond. To do so, the law requires that proof … Continue reading

Do Domestic Violence Injunctions Last Forever?

March 22, 2022

Dating and marriage can be tough, especially during an argument. When you live together, it’s not as easy to separate until you become calm enough to move on. Unfortunately, this tension leads to violence sometimes and Domestic Violence Injunctions help … Continue reading

Drug Trafficking Home Search Reversed

March 21, 2022

When you send something through the mail, the police check it for drugs. They have units called Interdiction, which look for drugs sent in transit. If they find something illegal, they don’t tell you right away. Instead, they secretly track … Continue reading

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